Legal firearms in my car

1BROWNWRENCH

Amatuer Malthusian
Funny you should mention that. A S&W model 66 with trigger work was what I traded for a Glock 22. That 66 was good, but I already had a 4" stainless 357 GP100.
 

Catatonic

Nine Lives
Years ago I sent my S&W M66 into the factory custom shop for some trigger work and an action job. When they returned it I had it held for will call because I wouldnt be home to sign for it. The day it arrived I clocked off, walked over to the customer counter to sign for it, then back to my center manager's office to get a package pass so that the guard would let me take it through the guard shack. Of course, my center manager was also a gun collector and he wouldnt sign the pass until I took the gun out of the box and let him fondle it for awhile and feel how smooth the trigger was. A couple of other drivers also had to inspect it, so we wound up with 4 guys sitting in the office at work handling a .357 magnum and talking about guns for half an hour. Apparently my center manager never noticed the "no weapons allowed" sign on the wall.

​Good old days ... I assume that was a few years back.
 

Bagels

Family Leave Fridays!!!
Amen to that bro. If you dont stand up for yourself against scum in your own backyard you are merely a coward!

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soberups

Pees in the brown Koolaid
​Good old days ... I assume that was a few years back.


Oh yes. That center manager was a stand-up guy. He has long since retired, which is the only reason I felt OK posting the story. If he were still employed I would keep my mouth shut about it out of respect and concern for his career.
 
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soberups

Pees in the brown Koolaid
So it is only trespassing for me to sneak into UPS property on a Sunday evening after they discover me there and ask me to leave? I would think that I was unlawful the moment I entered the gate.

Trespassing is unlawful. However, a non-gated parking lot is an open and accessable area to the public and you are not commiting a crime simply by being there outside of posted hours. The crime happens when you are there and are instructed to leave and you refuse to do so.

The bottom line is, the company is certainly free to put up "no weapons allowed" signs anywhere they want to on their property, just like they are allowed to put up "no farting allowed" signs anywhere they want to on their property. In both cases, they are attempting to prohibit what is otherwise a lawful activity, and in both cases their ability to enforce these prohibitions is limited to asking offenders to leave under threat of a trespassing charge.
 

bbsam

Moderator
Staff member
I think in this case the trespass is automatic without asking them to leave. The signs are in fact prior notice and disregarding them would be trespassing.



Now a further point. Is there further regulation beyond Oregon law since UPS is an international carrier subject to interstate commerce regulation?
 

steeltoe

Well-Known Member
What about the double standard? How can UPS claim what you carry in your vehicle, due to it being on UPS property, but then not be responsible if your car is broken into? I am no lawyer, but I just do not see how they are not responsible for your vehicle on their property, but can dictate what is in your car. Could they make a rule as to what color your car can be? Can they determine what music is played in your car. Can they discipline you for not wearing your seatbelt in your car on their property?
 

soberups

Pees in the brown Koolaid
I think in this case the trespass is automatic without asking them to leave. The signs are in fact prior notice and disregarding them would be trespassing.



Now a further point. Is there further regulation beyond Oregon law since UPS is an international carrier subject to interstate commerce regulation?

1. Under Oregon law its only trespassing if they see your gun and tell you to leave and you dont. The mere posession of a gun in your car is not illegal, regardless of whether the parking lot has a "no guns allowed" sign or not.

2. UPS's status as an interstate carrier has no bearing whatsoever on the legalities of carrying guns in personal vehicles.
 
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Johney

Well-Known Member
If state law says you can keep a gun in your car with CWP then you can. UPS can not override state laws even if they would like to.
 

bbsam

Moderator
Staff member
1. Under Oregon law its only trespassing if they see your gun and tell you to leave and you dont. The mere posession of a gun in your car is not illegal, regardless of whether the parking lot has a "no guns allowed" sign or not.

2. UPS's status as an interstate carrier has no bearing whatsoever on the legalities of carrying guns in personal vehicles.

I wouldn't be so sure about #2. Stealing from a package car or mailbox is quite a bit more serious than stealing from a back yard. It may be similar in this case.
 

Johney

Well-Known Member
I wouldn't be so sure about #2. Stealing from a package car or mailbox is quite a bit more serious than stealing from a back yard. It may be similar in this case.
Your point may be valid, but it has nothing to do with this thread. UPS can not override state law period.
 

bbsam

Moderator
Staff member
Sure they can. On private property they can even make you submit to unusual search and seizure at their whim.
 

soberups

Pees in the brown Koolaid
But can they search your car, if UPS leases the property(including parking lot), and are not the owners of the property?

The reality is that it doesnt matter whether they can search the car or not.

In my state as well as most others, there is no law against having a gun in one's car. So even if the company did somehow get permission to search it, they arent going to find anything illegal. The most that they could do at that point would be to ask the owner to leave the premises and not return until the gun is removed.
 

Coldworld

60 months and counting
The reality is that it doesnt matter whether they can search the car or not.

In my state as well as most others, there is no law against having a gun in one's car. So even if the company did somehow get permission to search it, they arent going to find anything illegal. The most that they could do at that point would be to ask the owner to leave the premises and not return until the gun is removed.

Sober, is this assuming that the said states have open carry or that the driver has a concealed handgun permit?
 

soberups

Pees in the brown Koolaid
Sober, is this assuming that the said states have open carry or that the driver has a concealed handgun permit?
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Different states have different rules.

In my state, if you dont have a concealed handgun license you can still have a gun in your car but it must either be in plain view (like a rifle in a gun rack, which is a very common sight during hunting season) or if not in plain view it must be unloaded and kept in a locked case or some other location like the trunk that is otherwise inaccessable to the driver.

If you do have a concealed handgun license, then it is perfectly legal to keep a loaded handgun hidden within easy reach inside of your car or concealed upon your person.
 
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