SB51 and my situation. Please take a look *pic*

[swagge1]

It may just be me, but I am confused about what SB 51 would mean in this situation. Will they have to honor 51 or will there have to be a separate parking lot?

There are 2 huge signs reading something like "Drugs, alcohol, firearms, ext are not allowed on this property. One is posted at the guard shack where the crash resistant barrier is. The other one is located at the turn style. The same gate pass card will let you enter either gate. The gate with the barrier is meant for delivery type trucks/vendors. That gate will give you access to the entire "property" (behind the fence). The gate on the right gives you access to the parking lot ONLY and you have to scan in through the turn style to get onto the "property".

What would SB51 say? Just to clear it up, the area behind the fence is DEFINITELY regulated by law that no firearms are allowed.

I'm not the best paint artist, but I think you can get the idea.

 

[dantheman]

I'm no lawyer , but my guess would be , seperate lot or a secure lock up for the weapons .

 

[XD-GEM]

Yep, unless it's a prison or a Federal facility of some sort, e.g. military base. Not many civilian places have crash barriers.

 

[swagge1]

These are crash resistant "bollards" that are hydraulics driven and are supposed to be able to stop an 18 wheeler going around 50. Its some serious ****. I think we have this system because we fall under MARSEC (maritime serurity) because we have a dock that goes to the Mississippi River. Its some Coast Guard regulations.

 

[chibajoe]

Gated, restricted access; SB51 does nothing for you.

 

[dawg23]

Gated, restricted access; SB51 does nothing for you.

?????????

 

[dantheman]

That wouldn't be SHELL CHEMICAL in Geismar , would it ? Same kind of set up .

 

[swagge1]

That wouldn't be SHELL CHEMICAL in Geismar , would it ? Same kind of set up .

You can use Google Earth to confirm or disprove your suspicions.

 

[XD-GEM]

Gated, restricted access; SB51 does nothing for you.

Read more closely. There's a secondary condition that must be met for an exemption (unless the lot is already off-limits by federal law).

SB 51

(3) Any vehicle on property controlled by a public or private employer or business entity if access is restricted or limited through the use of a fence, gate, security station, signage, or other means of restricting or limiting general public access onto the parking area, and if one of the following conditions applies:
(a) The employer or business entity provides facilities for the temporary storage of unloaded firearms.
(b) The employer or business entity provides an alternative parking area reasonably close to the main parking area in which employees and other persons may transport or store firearms in locked, privately-owned motor vehicles.

 

[dantheman]

You can use Google Earth to confirm or disprove your suspicions.

I don't need Google Earth . I was there yesterday .

 

[cajun 22]

My understanding of the text is that you are" allowed to keep the firearm in your personal vehicle in what is considered a designated parking area." YMMV

 

[swagge1]

So does that mean they HAVE to make a separate lot or they could just restrict firearms behind the gate anyway?

 

[cajun 22]

The text says "designated parking area." Sounds like the parking lot to me.

 

[XD-GEM]

The upshot of the new law is that they cannot prevent you from having a firearm secured in your car. They must allow it in either the main parking lot or provide a different lot nearby (this allows them to prohibit firearms in the main lot but not the auxiliary lot) or they have to provide a place to store your weapon unloaded somewhere on their property. Of course, this is all contingent upon your place of business not being a prohibited place under state or federal law. Chemical plants are not so designated. Neither are docks or commercial shipyards.

However, be aware that Louisiana is an "at-will" employment state. Your employer can fire you without telling you any reason, absent a "for cause" clause in an employment contract. So if you have a firearm in your car, don't go spreading the word. It's nobody's business but yours. I don't understand why so many business lobbies were against this law, as it gives employers a blanket immunity from any liability that may arise from anyone's gun on their parking lot; and the "at-will" employment laws mean that they don't have to tell anyone why they were let go. Employers don't really lose anything, and they gain a legal immunity.

 

[swagge1]

Of course, this is all contingent upon your place of business not being a prohibited place under state or federal law. Chemical plants are not so designated. Neither are docks or commercial shipyards.

So you are saying plants, docks, and shipyards are NOT a prohibited place under federal or state law?
Like I said in my original post, the big "No Firearms" signs arent seen unless you pas the crash resistant barrier gate or the turnstyle gate. The green parking lot area has no such sign.

 

[XD-GEM]

Correct, but please note that the bill only applies to the parking lots, not to the businesses themselves. The bill's purpose is to allow you to carry in your car to and from work and to not be hassled at work because of that. It does NOT give you permission to carry inside the business. It is the business owner's right to exclude weapons from the business, but the new law states that the owner's right does not include the inside of your car. In your case, it looks like the green area would be OK to park your car with a firearm inside.

ETA: One can easily understand why a chemical plant would not want firearms inside the processing area - too many things that will go BOOM with very little provocation. That's why many of those places also exclude electronic devices or anything that might cause a spark.

 

[swagge1]

Come to think of it I just remembered something. I have heard of some plants banning tobacco altogether (dip, cigarettes, etc..) on the property. The people who use those products have to go to the parking lot to use their tobacco products. Although the parking lot is technically the plants property, there are different rules for the parking lot area than "inside the fence".

 

[dawg23]

Scott:

MOST of the plants in the BR - N.O. corridor restrict the carrying of firearms (and booze, explosives, drugs, cameras, etc) if you enter the gate or cross a fence line. MOST have their parking areas outside the gate or fence.

The major exception is Exxon. They have apparently been the driving force behind the fight against SB51 (or whatever it's now called, since it's been signed).

I never worry about having a firearm in my truck in the parking lots at any of the plants (other than Exxon) if their "warning sign" is on a fence or gate that separates the parking area and the fenced areas. My business takes me, or company employees, to most of the industrial plant sites along the river between BR and N.O.

Exxon has for years made it a contractual restriction that employees of contractors not have firearms, or ammo (even empty shell casings) in their vehicles while on Exxon property. It will be interesting to see how the new law affects Exxon's policies and procedures.