BG Legal: Search and Seizure

[Khamsin]

I may have missed it in this thread, but did he take the gun or leave it there? Was there any seizure involved in this case of search and seizure?

[Melchiah]

It was not confiscated or photographed. Which helps me a lot.

[Dareus]

The only things I'm upset with him over are the fact that he didn't respect my belongings and just ask me about my bag when we talked about the desk before he opened it, and that he panicked and started this fire burning instead of giving me the chance to correct my original mistake.

Honestly, I would have reacted the same exact way he did. I would not have taken the chance to call the dude who brought the gun to work and ask him what he planned to do with it or why he had it. It was a bad decision to take it into work with you, and it was wrong of him to look though your bag without explicit permission. I hope everything works out in your favor though.

[aurik]

As I said before, he probably has no choice and must report it immediately. You put him in this bad position by bringing your piece onto work property in the first place, now you want him to deal with repercussions because you're a pussy.

Seriously, this is why I don't respect most gun nuts. They're all about asserting their rights, which is fine, but then they want to shirk the associated responsibility. Man up for once in your life.

[Melchiah]

As I said before, he probably has no choice and must report it immediately. You put him in this bad position by bringing your piece onto work property in the first place, now you want him to deal with repercussions because you're a pussy.

Seriously, this is why I don't respect most gun nuts. They're all about asserting their rights, which is fine, but then they want to shirk the associated responsibility. Man up for once in your life.

aurik, seriously dude. I know you're a pretty smart guy, but I don't need you talking down to me.

I admitted up front in the OP that forgetting to remove the piece from my bag was my mistake alone. I've never tried to get around that. However, policy aside, possible termination is a bit over the top for an oversight in which no one was threatened, hurt, and which I corrected as fast as I possibly could. This isn't a situation where I just flaunted disregard for the rules and expected no one to give a shit.

Stop cramming your internet hardass routine down my throat, you know next to nothing about me and therefore you are hardly qualified to make statements about my intentions and desires.

The only reason this got as far out of hand as it did is because my boss skipped a level in the chain, instead of keeping it at the lowest level possible. That is not my fault in the slightest.

aurik, I really do respect your intellect, but as a person you're pretty much an unapologetic dick.

[thestalkmore]

I originally read this as the backpack being in the car and I was on the OP's side. Knowing that it was at your desk is a whole different story.

You fucked up in a massive way. And it isn't some trivial nonsense like you're trying to cast it as. Even though I too think Aurik is an unrepentant douchebag most of the time, he's on the right track here. The fact that you left your firearm in your backpack when you went to work means that you approach owning a gun with a pathetic nonchalance. You did flaunt the rules blatantly and carelessly when you didn't give that thing in your backpack that shoots bullets and kills people enough thought to not bring it in to work. Your coworker had every right to consider it a threat, given that most shooters aren't going to warn the place they're planning to turn into a slaughterhouse.

[Ishido]

As someone who has the extensive legal expertise of serving on a jury last week I would say if it goes to court in whatever way you will be at a disadvantage. If they can dismiss you and you are the one that brings it to court the onus will be on you to prove that it was wrongful, something you will be unable to do.

Also in my opinion producing a concealed weapons permit won't help you at all, and will pretty much solidify your guilt to whomever you show it to. The only leg you really have to stand on is whether it is within his rights ot search your bag.

[archibaldcrane]

Melchiah, basically it comes down to this:

You are not the reason that firearms are both disallowed and illegal in the workplace.

That being said, you knew they were both disallowed and illegal and you brought them there anyways.

It was an accident, we got it.

But when some shit like this happens, ALL YOU CAN DO is get on your knees and beg and plead not to be fired - you have to make your legitimate case that you are not the reason that firearms are disallowed and illegal in the workplace. That's it. How it was discovered is fairly irrelevant. You fucked up, now beg for your job to be spared. The circumstances upon which it was discovered are not particularly important. Get on your knees and beg to be spared. That's all there is to do.

[510Meeze]

Why does everyone keep saying look for a lawyer?

Look for a new job is my advice. The way the country is so paranoid about shootings at work school etc, the fact that it went up the chain of command where you don't know people pretty much means you're boned. If it had stayed with just your boss, he knows you and your personality, the fact that he didn't go to you means he doesn't think you're stable, or wanted to fire you anyway.

[Nystul]

aurik, seriously dude. I know you're a pretty smart guy, but I don't need you talking down to me.

I admitted up front in the OP that forgetting to remove the piece from my bag was my mistake alone. I've never tried to get around that. However, policy aside, possible termination is a bit over the top for an oversight in which no one was threatened, hurt, and which I corrected as fast as I possibly could. This isn't a situation where I just flaunted disregard for the rules and expected no one to give a shit.

Stop cramming your internet hardass routine down my throat, you know next to nothing about me and therefore you are hardly qualified to make statements about my intentions and desires.

The only reason this got as far out of hand as it did is because my boss skipped a level in the chain, instead of keeping it at the lowest level possible. That is not my fault in the slightest.

aurik, I really do respect your intellect, but as a person you're pretty much an unapologetic dick.

You know, you're the one that brought your problem to BG. I mean...you can't go asking opinions at a mental institutions and then get pissed off when you get a bunch of crazy responses. You're asking a question about guns on BG where there are like 10 gun rights arguments every week. If you were hoping to get your few reasonable opinions despite the nonsense then you need to just ignore and/or accept posts like virtue or aurik as part of the background chatter. That is to say: you should have enough sense to know you'd get responses like this so in the future either accept them or bother to take your legal question to an actual lawyer. Many have hotlines where you can get free initial consultations.

Also, you're running an incredibly bad set of double standards regarding your boss. THere is a shooting near your area recently and that entitles YOU to carry a loaded weapon. There have been numbers of workplace shootings and that entitles your boss to take decisive action as well. To be honest, in this day and age you're lucky all he did was talk up the chain of command. If your boss needs to not make such a big deal about it then you don't need to run around with a gun.

[MF Perm tha Fineass]

As I said before, he probably has no choice and must report it immediately. You put him in this bad position by bringing your piece onto work property in the first place, now you want him to deal with repercussions because you're a pussy.

Seriously, this is why I don't respect most gun nuts. They're all about asserting their rights, which is fine, but then they want to shirk the associated responsibility. Man up for once in your life.

Because it's only about one point of views interpretation of rights. Fuck the boss who "violated" someone's rights and did the right thing by anyone else's point of view in the office who might be scared shitless of all the shootings going on these days and reported what he found, it's all about the poor, oppressed, defenseless gun owners rights.

Gosh aurik I thought you'd have gotten that by now.

[Mojo]

I'm interested to see how this pans out, keep us updated~!

[aurik]

The only reason this got as far out of hand as it did is because my boss skipped a level in the chain, instead of keeping it at the lowest level possible. That is not my fault in the slightest.

Since you still haven't gotten it through your head, maybe I should emphasize the point for you:

Hey moron, this is probably the lowest level possible if your manager wants to keep his job. Considering how much of a whining pussy you've become over the risk of being fired, you probably empathize with his desire to keep his job.

[archibaldcrane]

^Pretty much that.

If you fuck up big enough to bring a firearm to work, you can't -expect- a superior not to follow protocol and run it up the ladder. He could've been "cool" and ignored it, or gone to you, but if it was ever discovered that he didn't run it up the ladder, then his job is in jeopardy.

He shouldn't be expected to stick his neck out over your completely unnecessary fuckup.

So are you fired yet or what? I can't imagine it would take that long for swift justice to be enacted if they are going to fire you.

[jmc]

The exception alluded to in that subsection is in any place where the owner has explicitly stated that firearms are not allowed.

The employee code of conduct does not explicitly disallow firearms, it only states under prohibited items:

"Possession or use of alchohol, narcotics or dangerous weapons."

I'm not going to bother reading through this whole thread. Read this and decided to comment.

Was your backpack locked, or just zipped close?

Where exactly was your backpack located when your boss searched it?

If you want to go on a legal term, if prohibited items states exactly what you said...... then on a legal term firearms are not banned. Firearms on a legal stand point are deadly weapons, not dangerous (if you need to nit-pick)



*before someone studying law at the 10 grade level wants to comment about guns not being dangerous*

Yes of course guns are dangerous, however when it comes to legal/court proceedings..... guns are deadly weapons. If someone has a firearm, shoots it at someone and misses..... the charge is Assault & Battery to wit deadly weapon etc....

[Sonomaa]

Get.
A.
Real.
Lawyer.

BG Internet Police have been dispatched to your house, the BG legal team has issued its standard comment (see above in this instance). BG Medical has no comment as of yet.

[zoobernut]

BG Medical says its Lupus.

Or go see a doctor to solve the cranial-rectal inversion you are suffering from.

[TheShadyMan]

Didn't read any of the thread, but in that situation, just ask where the 600 dollars for rent you left in your backpack is.

[TacoTaru]

As much as it sucks that this happened, there's really no fault on your boss here. The people saying that his job would have been in jeopardy if they found out he didn't report it are absolutely correct. We had a lady in charge of the Popular Materials Center at the library I work at make a comment on picture on her Facebook when someone asked her wouldn't she just love to bring her gun in to work. Her response was "lol sometimes I do". Someone brought it up to HR as a funny joke and they canned her ass, escorted her from the premises and banned her from all libraries in our county for life and be prosecuted if she ever comes back.

Hope it turns out for you, but I'd say you don't have a good case as it stands.

[Norelco]

Just threaten to shoot up the place if they fire you...oh wait.