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Oil Field and the 2nd and 4th Amendment

topgun99

Private
Full Member
Minuteman
Jan 19, 2009
12
1
53
oklahoma
Ok...after 17 years in law enforcement, I decided to take a buddy of mines offer to go to work for a directional drilling company he works for. I am still a commisioned reserve officer so carry my pistol everywhere I go. Considering I'm sometimes 700-900 miles from home in South Texas I think this is wise. My problem is that I'm told some of the companies we work for will conduct random searches of vehicles, mostly looking for drugs. I'm told most companies wont say anything about a pistol as long as you keep your truck locked which I do anyway. My thing is this...while I have nothing to hide, I'm told that if you refuse you will be ordered to leave the job and potentially fired. What are your thoughts?
 
Re: Oil Field and the 2nd and 4th Amendment

An employer has the right to conduct the inspections as a condition of employment.

YOu have the right to quit if you don't like the policy.

No different then uniforms, drug testing, or any other conditions of employment.

I don't know the status of your Reserve Officer and Carrying a gun, lets assume you can carry per the LEOSA. Even so a private party has the right to bar firearms from his property, or the property under his control under the LEOSA. So that leaves you with the option of abiding by the policy, or going elsewhere.
 
Re: Oil Field and the 2nd and 4th Amendment

Whitch DD company are you working for and who is your buddy?
Just quit working down there to go to school for my engineering degree. Have worked for two DD companies down there as a directional hand.
 
Re: Oil Field and the 2nd and 4th Amendment

Oh and by the way im 99% certain KraigWY is right on the firearm thing.
 
Re: Oil Field and the 2nd and 4th Amendment

I agree with Kraig, if you want the job you have to go with their regs. I've found its not so much your employer as it is the customer/company you are contracted out to. Sure, lots of places could care less what you do, others like to get in your business, do so with caution as all it takes is a jerk with an agenda or a disgruntled coworker to spill the beans on your little secret.
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">My problem is that I'm told some of the companies we work for will conduct random searches of vehicles, mostly looking for drugs. </div></div>

Not gonna search you, are they?
 
Re: Oil Field and the 2nd and 4th Amendment

I dont know the answers but I hope it all works out for you and you keep the job and carrying! Best of luck PG
 
Re: Oil Field and the 2nd and 4th Amendment

It has been my experience that you can conduct a "vehicle" search w/o much effort. To conduct a "personal" search requires a bit more substantial documentation and such. Just say'n.

As above if them that's payin' you rub you wrong you can elect to be paid elsewhere.

Cheers,

Doc
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 50calcruiser</div><div class="ubbcode-body">If you work in Oklahoma you can keep a firearm locked in your vehicle regardless of what the employer wants.

Oklahoma Self-Defense Act TITLE 21 § 1289.7a

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Look on page 23

Oh and we now have open carry and can hunt with suppressors as well... </div></div>

Oklahoma is also an "at will" State which means they can terminate you for not being in compliance with company policies & procedures. The section you cited does NOT absolve you from abiding by those policies nor eliminate a companies rights to restrict such on company (private) property.
 
Re: Oil Field and the 2nd and 4th Amendment

I used to work on Compressor stations in the panhandle. I enjoy my right to carry weapons in my vehicle but I also enjoyed making 10-14k a month while being in the state. Soo you gotta look at the ups and the downs. I am not 100% up on TX laws as they come out but I remember reading something a while back about the parking lot bill or law or whatever. I don't remember the exact thing but might be worth a look.
 
Re: Oil Field and the 2nd and 4th Amendment

The problem is you are not on the companies property when you are on location. You are on the land owner's property. I am a landman and deal with oil & gas leases on a daily basis. Some land owner's will have an addendum added to their lease stating that no firearms are allowed on their property.

I use to roughneck during the summer while I was in college and never had my truck searched. That does not mean the company you are working for won't, but I would be very surprised if they did. Most companies will have random piss test to deal with drugs.
 
Re: Oil Field and the 2nd and 4th Amendment

Our Open Carry doesn't go into effect until Nov 1, and I don't know why anyone would want to open carry. It's like wearing a photographers vest. It just screams "SHOOT ME FIRST", but each unto his own. I will continue to be CC.
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Huckleberry75</div><div class="ubbcode-body">Our Open Carry doesn't go into effect until Nov 1, and I don't know why anyone would want to open carry. It's like wearing a photographers vest. It just screams "SHOOT ME FIRST", but each unto his own. I will continue to be CC. </div></div>

Cause you can!!! I may take trips to OK just to be able to OC.
 
Re: Oil Field and the 2nd and 4th Amendment

its not my company, they understand. its the big companies...like i said i have nothing to fear from a search and yes for the money i make they can look all they want. just wanted a varience of opinions from across the states. as far as carrying goes, when Bush signed the national concealed carry for leos after 9-11 i am covered. thanks for the advice guys.
 
Re: Oil Field and the 2nd and 4th Amendment

Regardless of any concealed carry permits etc if the company has a no firearms policy, that means no firearms. I've worked in oil and gas for 15 years now. Have had ranchers ask us to PLEASE shoot any coyotes we see. But company policy prohibits us from carrying on person or in the vehicle.
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 50calcruiser</div><div class="ubbcode-body">If you work in Oklahoma you can keep a firearm locked in your vehicle regardless of what the employer wants.

Oklahoma Self-Defense Act TITLE 21 § 1289.7a

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Look on page 23

Oh and we now have open carry and can hunt with suppressors as well... </div></div>

Florida recently enacted a similar law, allowing CCW permit holders to keep guns in their vehicles while parked in their employer's lots, and rightfully punishes any company that takes punitive action against an employee who does.

I believe the law should protect all employees, and not just those who have a permit. But I don't get to make that call.

Congrats on gaining the freedom to use suppressors while hunting. I'm hoping we can convince the Florida Wildlife Commission and the legislature to see the light as well.
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: eracer</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 50calcruiser</div><div class="ubbcode-body">If you work in Oklahoma you can keep a firearm locked in your vehicle regardless of what the employer wants.

Oklahoma Self-Defense Act TITLE 21 § 1289.7a

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Look on page 23

Oh and we now have open carry and can hunt with suppressors as well... </div></div>

Florida recently enacted a similar law, allowing CCW permit holders to keep guns in their vehicles while parked in their employer's lots, and rightfully punishes any company that takes punitive action against an employee who does.

I believe the law should protect all employees, and not just those who have a permit. But I don't get to make that call.

Congrats on gaining the freedom to use suppressors while hunting. I'm hoping we can convince the Florida Wildlife Commission and the legislature to see the light as well.</div></div>


as far as I know, the suppressor bill has not been fully passed, last I heard it was waiting on re-approval from the house, and the Governor's signature, if anyone else knows different?
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Force_Multiplier</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: eracer</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 50calcruiser</div><div class="ubbcode-body">If you work in Oklahoma you can keep a firearm locked in your vehicle regardless of what the employer wants.

Oklahoma Self-Defense Act TITLE 21 § 1289.7a

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Look on page 23

Oh and we now have open carry and can hunt with suppressors as well... </div></div>

Florida recently enacted a similar law, allowing CCW permit holders to keep guns in their vehicles while parked in their employer's lots, and rightfully punishes any company that takes punitive action against an employee who does.

I believe the law should protect all employees, and not just those who have a permit. But I don't get to make that call.

Congrats on gaining the freedom to use suppressors while hunting. I'm hoping we can convince the Florida Wildlife Commission and the legislature to see the light as well.</div></div>


as far as I know, the suppressor bill has not been fully passed, last I heard it was waiting on re-approval from the house, and the Governor's signature, if anyone else knows different? </div></div>

It passed the house yesterday morning 78-3. Just needs to be signed by the governor, who has assured the author she will.
 
Re: Oil Field and the 2nd and 4th Amendment

actually an oil and gas company in Oklahoma fired employees for locking guns in their POV's....the employees sued and it ended up in Federal District court. The employees won and the court cited that if companies provide a place to park for employees then employees can keep a firearm in a locked vehicle on the property.

I'll look for the case...

Found it

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">“No person, property owner, tenant, employer or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except for a convicted felon, from transporting and storing firearms in a locked vehicle on company property set aside for any vehicle.”</div></div>


and yes Oklahoma is a Right to Work state but they still would have a case based upon them employing you based on whether you are a firearm owner or not.
 
Re: Oil Field and the 2nd and 4th Amendment

I appreciate the info everyone. im not going to risk my job getting into a civil rights argument but was just curious as to recourse if some jerk wanted to make an issue of it.
 
Re: Oil Field and the 2nd and 4th Amendment

I've got family that are fixing to have rigs on their land due to the Eafleford Shell boom. They spoke to the main oil company and they said that any employee coughs with a firearm is automatically fired. No questions asked. They want the homeowners to feel safe as possible. This is also going I stop the temptation of poaching on these properties.

I would say unless you want to end up back on the streets you're going to have to play by their rules.
 
Re: Oil Field and the 2nd and 4th Amendment

The company I work for has zero tolerance policy on firearms. But they are forced by statute to allow you to leave your pistol in your car in AZ. The company allows it in missouri too so they might have some kind of similiar law.
 
Re: Oil Field and the 2nd and 4th Amendment

If I were carrying a rifle around I could see their point. But poaching is a criminal offense in every state. Carrying a pistol for protection isnt and according to the above post is covered by federal case law. I might also add that I can't remember ever reading or hearing a story on the news about any act of gun violence at an oil/gas drilling location. I have heard though of a company man being killed driving off location and border patrol in south texas warning workers to carry a gun. These border patrol agents also warned that if you see a woman or man for that matter, standing in the road do not stop. Run them over if you have too. One tactic the illegals, usually drug smugglers have employed is to get people to stop, kill them and take their car. So I will err on the side of caution.
 
Re: Oil Field and the 2nd and 4th Amendment

if it were me, I would carry a small lock box in my vehicle that I put the pistol in during the day under the seat (or out of site). That way if searched it shows you are taking an extra measure to safely store your pistol.

Then if fired, I would get a lawyer.
 
Re: Oil Field and the 2nd and 4th Amendment

I've thought of that as well. Looking into a lockbox I can mount under the driver seat.
 
Re: Oil Field and the 2nd and 4th Amendment

JCH, I wonder if that law would protect topgun99 since he would be on the land owner's property? I think the lock box would be a good idea. I still don't think they would ever do random searches of vehicles though. I have been in the oil field for 11 years now and have never hear of a company doing that.
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JSF</div><div class="ubbcode-body">JCH, I wonder if that law would protect topgun99 since he would be on the land owner's property? I think the lock box would be a good idea. I still don't think they would ever do random searches of vehicles though. I have been in the oil field for 11 years now and have never hear of a company doing that.</div></div>

The land that is being used by the oil company still has an area that is designated as parking, this land is leased from the landowner and I'm sure would be viewed the same as if they company owned the land.
 
Re: Oil Field and the 2nd and 4th Amendment

Texas Law says an employeer may not deny your right to keep your legally owned firarm in your vehicle in the parking lot. They can keep you from bringing it in but not from keeping it in the car. If youre in the oil field, thats private property and company may have leg up on ya.

SP
 
Re: Oil Field and the 2nd and 4th Amendment

and a parking lot at a factory, for example, isn't private property?

in Oklahoma, the law is very similar, and PUBLIC property gives them more right to restrict... for example schools, prisons, jails, etc
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body">actually an oil and gas company in Oklahoma fired employees for locking guns in their POV's....the employees sued and it ended up in Federal District court. The employees won and the court cited that if companies provide a place to park for employees then employees can keep a firearm in a locked vehicle on the property.

I'll look for the case...

Found it

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">“No person, property owner, tenant, employer or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except for a convicted felon, from transporting and storing firearms in a locked vehicle on company property set aside for any vehicle.”</div></div>


and yes Oklahoma is a Right to Work state but they still would have a case based upon them employing you based on whether you are a firearm owner or not. </div></div>

Interesting... The only issue I wonder about is that an "At Will" employment state means the employer can let them go at any time for any reason even if that means not giving a reason, but then they'd have to pay unemployment I believe. I also wonder from an Insurance standpoint then is the owner no longer responsible for what happens in the parking lot areas in your State since they aren't allowed to regulate it as Private anymore? In WA if some crap goes down in the parking lot then the owners insurance can be held accountable for damages.
 
Re: Oil Field and the 2nd and 4th Amendment

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: stacyp</div><div class="ubbcode-body">Texas Law says an employeer may not deny your right to keep your legally owned firarm in your vehicle in the parking lot. They can keep you from bringing it in but not from keeping it in the car. If youre in the oil field, thats private property and company may have leg up on ya.

SP</div></div>

go back and read the quote i posted. It specifically states landowners....