A few points. OP has said that the no guns "policy" came in to effect after he was hired. So he really didn't give his "word" that he would follow that particular policy. Presuming that he doesn't have a written employment contract, who says he agreed to abide by all the employer's (apparently) changing rules?
My company publishes an employee manual and sends it out every so often. It has a list of policies and procedures that employees are supposed to follow, and warns that you can be fired for not following. I guess in effect I've been notified that I can be fired for not following them. But I can tell you for sure that I never gave my word that I would follow them. And I won't. In fact, most "at will" employers will studiously avoid making you sign an "agreement" to abide by the policy manual, lest they create a written contract of employment, and lose their ability to dismiss you "at will".
OP has a TWIC card and possibly Homeland Security background clearance. Unless he's hauling classified loads, he probably doesn't have a DoD security clearance for access to classified information, but let's say he does. How did he "voluntarily waived a good chunk of (his) rights"? At least as they relate to legally carrying a gun?
I am very familiar with the agreements that are signed with the United States as they relate to access to classified information, as I have held some of the highest security clearances while a Navy officer and also recently while contracting for a government agency. Look up SF-312 and you'll find the agreement and see that it has nothing to do with following your private employer's personnel policies or anything else unrelated to classified information.
Why on earth would OP walk into his review and say (to paraphrase)... "I legally carried a concealed handgun while hauling one of your loads in a bad area of Texas. It was legal, but against your policy, so please fire me." Even if he did, how would it have been a crime (unless he had received proper a 30.06 notice)? So where's the potential felony? You're responsible to "tell on yourself" for violating your private employer's policy? I don't think so. I didn't report that I sometimes work from 8:05 to 5:05 instead of 8:00 to 5:00 (as specified in our employee manual) and it never came up in my clearance investigation, even in my polygraph.
What Federal charges would said employee face for carrying a gun in his company's truck while driving (as allowed by state law)? By the way, carrying in a Federal building (other than a courthouse) is a misdemeanor, not a felony...although it IS illegal if the building is posted. Carrying on Federal "property" is NOT automatically a crime, although some property is subject to regulations against carry.
My whole point in the above, is that it is not a moral slippery slope if you obey the law, and you never explicitly agreed to follow some employer's "wants"...sorry rules. You could be fired, but you can be fired for most anything by an "at will" employer and not all the reasons relate to morality or the law.
So to OP. Yes. I would carry where legal, understanding that I could lose my job if discovered.
Yep you’re right!!
And withholding information about alcohol use, drugs, a gambling debt, or violating rules in general don't matter either.
The 4th and 5th amendments are just the first 2 rights that come to mind he has signed away to some extent.
I find it unbelievable a former officer is advising there are no Legal means by which you can be prosecuted for withholding information of a serious nature from Clearance granting authorities.
Guns in the work place are not even in the same universe as I go to work late and you know it.
Tell yourself and others it’s Ok, bad advice.
However to all those that have a clearance you should check with OPM, DISCO, and or the issuing agency.
I did not say you would but you most certainly. Can be prosecuted.
The categories of concerns enumerated in the Adjudicative Guidelines are as follows:
a) Allegiance to the U.S.
b) Foreign Influence
c) Foreign Preference
d) Sexual Behavior
e) Personal Conduct
Answer the following question.
Has any of the following happened to you in the last 7 years?
1. Fired from a job.
2. Quit a job after being told you'd be fired.
3. Left a job by mutual agreement following allegations of misconduct.
4. Left a job by mutual agreement following allegations of unsatisfactory performance.
5. Left a job for other reasons under unfavorable circumstances.
f) Financial Considerations
g) Alcohol Consumption
h) Drug Involvement
i) Psychological Conditions: Emotional, Mental and Personality Disorders
j) Criminal Conduct
k) Handling Protected Information
l) Outside Activities
m) Use of Information Technology Systems
This is in place the whole time you are cleared. Yes you have to let them know about any serious issue.
So if you are fired for Guns in the work place or they find out you tried to hide it, better believe they can prosecute.
Lying to the Fed's upfront or by intentional omission of future acts is a felony and a serious one at that.
http://codes.lp.findlaw.com/uscode/18/I/47/1001" onclick="window.open(this.href);return false;
Your point is that Guns in the workplace or serious employee policy violation is not covered and of no concern.
They did not ask me if I drank at work either. But I am sure that would not go over well. (Many folks have lost a clearance over that).
I tend to think bringing GUNS to work against your employers known wishes would make them even less happy with you.
And if an incident occurs well, "Game Over".
I think you need to check on that and not just assume because you were not asked its OK.
