Does employer's policy override CCW license?

Maybe I'm just thick, but I can't see the issue here. While the example of a home isn't quite analogous, a private business has the right to prohibit firearms on its property. Its really that simple.

Things like having firearms in your car in a public parking lot, or having them at home, are beyond the reach of the employer (at least to those who have a dose of common sense).

If we are going to respect the constitution, then we must respect all of it. This means that in some cases your 2nd amendment rights are going to be trumped by anothers property rights. Talking about "risk" and workplace shootings is compeltely irrelevant. Its simply a question of rights.
 
I can't see how this does not apply to the workplace.
I know you can't, or perhaps won't. Not sure which it is at this point.
Simply not true, the OK law is in court now.
So what? The OK lawsuit has nothing to do with CCW on premises. It has nothing to do with whether CCW on premises is a constitutional or civil right. It has no concern with whether CCW at a business concerns due process. You are again trying to take an apple and call it a watermelon.
When every major company has the same polices is an employee really choosing?
Yes. First, not every major company has such a policy; Second not everybody has to work for a major company; Third one can always work at another job. So yes, there is lots of opportunity for choice.
Impairing peoples ability to defend themselves is running roughshod over their rights.
Once again we get to see how defining things according to one's own definition instead of dealing with terms as is commonly done makes it difficult to have a reasonable conversation. Of course even given your claim, there is no right to CCW in violation of your employers wishes, and until such an event occurs to say so is somewhat questionable.
You are the one that said that there was no evidence that ccw would make the workplace safer. Then you said safety was irrelevant. Simply holding up your arguments to scrutiny.
Perhaps you should hold yourself up to the scrutiny. The fact that there is no evidence indicating ccw would make the workplace safer is a distinct, separate, and stand-alone issue. The fact that the issue itself is irrelevant is another distinct, separate, and stand-alone issue.
Most of America allows ccw, and overall violent crime is down.
And no serious criminologist would suggest that crime rates are down based on ccw. Crime rates were going down before the proliferation of ccw, and there have been numerous other crime-control strategies imposed. Not to mention that demographics (the best predictor of crime) have also changed significantly.
Most workplaces ban ccw and multiple victim shootings in gun free zones are on the increase.
Multiple victim shootings in non-gun-free zones have also increased, which tends to suggest that guns don't play that big a part. And as most multiple victim shootings involve a perpetrator who is willing to/planning to die there is even more evidence to suggest it wouldn't matter.
First off, it's not just a couple of studies
For what you are discussing, yes, it is. Yes, there are lots of studies out there that look at lots of things. Many of them disagree with your claims and many more have literally no relevance to what you keep trying to assert.
It's really really simple. Bad people disobey the bans. Good people obey them and that makes good people easy prey for the bad ones.
Sorry, but it is not that simple. That is the problem when people start discussing research without taking the time to look at it in depth. It is really a very complicated issue, and you keep ignoring or disregarding some very important parts of that issue. You may be perfectly right. But the evidence in its entirety does not tend to prove your claim. That is my only issue on that part of this thread.
Well you are wrong. Like I said - I worked the streets and projects in D.C. and did the same in Virginia.
Wrong? May be, but you haven't offered anything valid to show that yet. As for work, well, I was never a Special Police Officer for a public housing authority (although one of my first papers was on crime prevention in public housing authorities and I did consult on how to reduce crime there in a couple of instances) but I was a LEO for 20+ years, did a lot of security work, studied crime in depth, got a bunch of degrees that require a lot of research and statistics, have consulted with private and public sector concerning safety and scurity issues, and all that other stuff. Now I know lots of that stuff is directly related to crime and business instead of working security at the projects (which has what bearing on CCW in the business environment??) but I guess I'll just have to live with it.
I do have an agenda.
That is obvious. Perhaps that is what is making it so difficult for you to look at this issue in an objective, honest manner. I respect your passion, but I think it better to discuss issues with relevant facts and a full understanding of the issues rather than a biased, one-sided perspective.
That's my agenda. What's yours?
I've got several agendas. A few seem appropriate here. Honesty. Open discussion. Reality not perception. Focus on facts. Individual rights.
The reduction of crime in Florida, for example, since the ccw law in 1987 is not a questionable claim, it's a fact.
As I've said so often, so what? This is another example of your "proof" that has nothing to do with the topic. Yes, crime went down in Florida. Guess what--crime went down in other places too, some without the ccw law. And again, what do statewide numbers of crime have to do with CCW in the business place?
Sigh. Once again you demonstrate the ability to not be able to differentiate between macro and micro.
The Second Amendment is what I understand to be a Constitutional right. I do believe that the government does protect constitutional rights of workers in some cases.
Good, you are part of the way there.
According to every employee manual I have read it is.
That doesn't change anything. If they cite saftey concerns as the reason for a policy that is completely different than a policy based on Constitutional or civil rights. If you are discussing the issue as a safety issue, rights become irrelevant to the discussion. If you are discussing it as a rights issue, safety considerations become irrelevant to the discussion.
A compelling business case must be given to curtail a persons rights, or the policy will not stand, whether we are talking about a verbal imperative or written policy.
But there is no right to CCW at your business. There is no need for compelling reasons to prevent simple wants and wishes.
Let me provide a real world example.
Here we go again. You offer as a real world example an incident where a manager threatened an action that according to HR was not condonded by the company, and the company stood behind their right (the business) to establish the dress code, not the wishes of the manager (the individual) to do whatever he thought was right. Again, that is a nice story, but like so much it has no bearing on the issue at hand. I would imagine that if you had chosen to work in the nude the company would have fired you under their rights to establish dress codes for their employees. BTW, I've never had an employer who complained about me wearing my kilt at work.
If you know of any no weapons policies which state they are based on wishes please post links.
Further irrelevance. I thought the issue was one of rights. You've been trying to twist safety into the rights issue, and now you are apparently wanting to include wishes. Maybe you need to take a deep breath and figure out what your position is so you can state it clearly, then we can focus on that specific issue instead of shotgunning every bird that jumps out of the bushes.
 
If we are going to respect the constitution, then we must respect all of it. This means that in some cases your 2nd amendment rights are going to be trumped by anothers property rights. Talking about "risk" and workplace shootings is compeltely irrelevant. Its simply a question of rights.
That's what I've been trying to say, but your version takes up a lot less room!
 
I know you can't, or perhaps won't. Not sure which it is at this point.

It's can't, I promise. Believe me I understand the mindset which tends to believe that the best way to keep society safe is to restrict ownership and possession of firearms.

I was raised by an actor, then had a stepfather who to this day is an insurance executive. My mother also worked in insurance AND was an actor before that.

As stated earlier, a younger me bemoaned having to carry a .38 to work. My supervisor had to stay on me for me to load it before work. The boss never understood why I unloaded it as soon as I walked off post. Prince William County LEOs' tried to convince me of my folly.

It took what mental health people call a "corrective experience" for me to have what Sam Jackson's character Jules called "a moment of clarity" in the regarded cult classic "Pulp Fiction".

Even after becoming pro RKBA, pro guns at work took quite a few years. I still think people who carry in public should be trained, not something accepted by all RKBA folks.

When I look at the Clinton Administration's own studies that concluded that personal firearms were used more often for good than bad that indicates that other studies along these lines may also be accurate.

Read the GOA fact sheet, that looks like more than a few studies to me.
http://www.gunowners.org/fs0404.htm

I lived in D.C. as a small child before the ban and as an adult after the ban. Same in Northern Virginia. Before and after CCW, so it's not just a few studies but personal experience. Lived in Jersey for a while, now live in Delaware.

While I concede that access to firearms for law abiding citizens is rarely if ever the only factor when talking about relevant safety there seems to be a consistency in my slightly less than a half century walking around.

Guns have been around longer than I have. Even though I am fortunate to have been around this world a bit, have only seen a small slice of it. I agree that looking at a larger body of data and adjusting for other variables in prudent.

Still, our values are formed by our experiences. When people whose "gun values" are formed in the media trump the real world, Houston needs to be notified. Because we have a problem.

Since we both have dealt with felons at work, you more than I, perhaps we can agree that felons fear armed citizens.

I can't understand how these factors are invalid in the workplace. I have done security with and without being armed. Criminal types respect the steel. You will never convince me otherwise.

I just don't believe that evaporates when you move to an office building, restaurant, or other setting.

As far as business environments, restaurants I have worked in with no weapons policies like the bigger chains all have robbery experience and fear robberies.

The restaurant owner in Roanoke allowed weapons and had a few handy for anybody who forgot theirs. Employees did not fear robberies, he was never robbed in many years, robbers feared him.

Yes I know, only one example, not statistically significant, not certified not to hurt a chipmunk if you swat it with the bound version of the study, etc, etc.

In some jobs, like the one I do now, I don't think ccw for me personally is a good idea. Simply because of the physical activity. I would be very happy if some of the supervisors carried or had access to defense tools, it is allowed by state law in a fairly anti-gun state.

Not to mention I think it would be grand if the company would get off my ____ when I am driving home or coming to work.

When anybody in the world can simply walk in to our workplace, and we have no weapons of any kind, no practical physical security, it makes no sense that the no weapons policy makes us safer. Especially when we are all vetted fairly well for our jobs.

If this is in fact being done simply to protect profits and workers get hurt, that sounds actionable to me. That's why i harp on safety, the employer insists that the policy creates a safe workplace. I don't believe it.

Sure workplaces are relatively safe. Why can't they be safer? Americans were relatively safe when states started ccw laws. Why? Could it be because we knew we could do better?

We have yet to see a person committed to a workplace shooting rampage or
murderous robbery who called it off due to the no weapons policy. Not saying it never happened, just have not seen it reported. Never even heard an internet rumor confirming that one.

I am glad that we agree that extending that restriction to one's car is a bit strained.

I keep coming back to safety because it is the reason given for such policies. It is also the reason I oppose them. You may never convince me that telling all of the ccw permit holders to leave their guns at home and providing telephones to call 911 after the shooting starts is safer.

As for voluntary, the courts see it the way you portray it. Seems strange though when one reads a decision :

In the ordinary situation we indulge the assumption that people will obey the law rather than violate it.

Seems odd that it is not withing judicial notice that people who obey the law also tend to go to work. Work itself is not voluntary for the great majority. But the courts see it that way.

Since employment and cooperative effort are necessary to our way of life it seems odd to say employment is entirely voluntary, as in no coercion involved. You need money to eat, and companies need employees to function.

The guvment needs taxes to function. They gotta come from somewhere. Maybe those Justices thought their salaries and pensions came from the tooth fairy.

In cases arguing reasonably foreseeable danger, the court ruled that a liquor store clerk was in no more danger at home than at work. Clearly contrary to anything I can find and certainly arguable.

On the matter of voluntary, could it be said that companies choose to operate in states that recognize an individual right to bear arms in self defense? I mean after all, the company can move to Jersey, or California, right?

Personally I think the above is as ridiculous as saying the employee has a choice. Not saying everyone sees it that way, just forwarding one possible perception.

My position is pretty simple, although we get into some interesting debates on the finer points. People who obey the law, submit to licensing and obtain permits should be allowed to keep their defense tools with them.

I do not believe that employers should be able to restrict this unless it interferes with the job AND they assume the responsibility of a special relationship where they acknowledge a kind of temporary custody of the employee where the employee is denied their customary means of defense.

In jobs that are hazardous by nature, my position is that employers who restrict their employees from effective defense should absolutely be liable for any harm resulting.

Take the convenience store. Saying that cameras protect convenience store clerks is highly debatable.

Why do 7/11 and Wawa have robbery procedures in writing if the danger of such is not reasonably foreseeable? Do they print and distribute those policies for the sheer unadulterated thrill of killing trees? I humbly submit that is not the case without any research or studies to back my position on that point.

I readily acknowledge that there is a percentage of situations in a robbery where introduces a weapon makes it worse. Yet you would be hard pressed to
argue that resisting with a firearm is not the statistically safest course of action for the victim.

So why no licensed carry for the stop and rob clerks? Could it be that the company cares more about profits than the lives of its employees? Do companies always get to endanger their employees for higher profits historically? Without government restrictions?

http://www.cops.usdoj.gov/files/ric/Publications/e0407972.txt
Over the last 30
years, there has been little change in the proportion of
convenience store robberies.
.......
Convenience store employees suffer from high rates of
workplace homicide, second only to taxicab drivers

I found some OSHA materials, they don't mention guns at all but do mention teaching employees to protect themselves.
http://www.osha.gov/Publications/osha3153.html
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf

It's when you get into company policies, Insurance and trade journals, "Security" consultant web pages that we start seeing the "no weapons" rant.

I concede that this is best for the employer $$wise in our current legal climate from a strict liability standard, but humbly submit that some of the courts need to come into the 21st century.

Still don't think the employers interests absolutely trump the basic rights of employees. This has not been the case in the history of labor laws. As mentioned before, things that were once accepted as being at the discretion of the employer are no longer.

In my mother's day women were told they could not wear pants and had to accept lower wages. Their acceptance was taken as voluntary. No more.

In the early '60s such policies were seen as a right of companies. Just as disarming law abiding citizens and turning them into unarmed victims is now. But I will continue to forward the position that victim disarmament should become a relic as well.

Many restrictions have been placed on employers for worker safety. So safety is relevant. Generally employers are not permitted to knowingly create unsafe environments for workers without incurring liability and/or significant penalties.

Any court who says being a clerk in a liquor store is no more dangerous than sitting at home either never worked in a liquor store or they were likely getting high with Supreme Court nominee Ginsburg at the time. But courts have ruled exactly that way. Time to set them right.

Also when we are talking about chl holders we are talking about a small percentage of the population. According to everything I can find and IME, these are pretty law abiding responsible folks in general. Restricting them out of hand, reflexively, and without providing reasonable alternative security just ain't right.

So Dave my position condensed is that employers wishes trumping an employees recognized and state licensed right to carry defense tools just ain't right.
 
So Dave my position condensed is that employers wishes trumping an employees recognized and state licensed right to carry defense tools just ain't right.

Why? Suggesting that a CCW should trump private property rights, you are essentially arguing for more government intrusion into the private lives of citizens.

I think that we all agree that a homeowner has a complete right to say whether someone will or will not carry in their home. They can do this because the nature of the property is private. A buisness, though different, is still private. As such they still retain the right to determine the conduct of those on their property.

You don't have to like it, but to argue against it is essentially arguing against liberty and choice.
 
Stage2 it's about time you got in here, welcome to the discussion.

As I just posted, if the employer is willing to acknowledge a special relationship when the employee is deprived of their customary tools of defense, or willing to accept the liability of reasonably foreseen danger, that's one thing.

Blindly telling us that no weapons no way no how, and by the way, you volunteered for this and don't bother claiming damages if you get hurt of killed because some judge said a liquor store clerk was in no more danger on the job than at home.....

Even on your own property with all the latitude a homeowner has, you don't get to gratuitously endanger guests or other persons having occasion to be on your property without being responsible.

I know it's the way it is, but don't really see any thing to tell me that the empolyer's property rights always trump the employees individual rights.

I believe you are a prosecutor, but still way ahead of most folks in legal matters. Is it entirely impossible that an employer knowing their employees are at a heightened risk of homicide would have a duty to take measures to keep them from harm?

I think that we all agree that a homeowner has a complete right to say whether someone will or will not carry in their home.
In general yes, but not an absolute. Consider the Bondsman's representative holding a bail chit with the homeowner's name and address on both sides......
 
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Why? Suggesting that a CCW should trump private property rights, you are essentially arguing for more government intrusion into the private lives of citizens.

I think that we all agree that a homeowner has a complete right to say whether someone will or will not carry in their home. They can do this because the nature of the property is private. A buisness, though different, is still private. As such they still retain the right to determine the conduct of those on their property.

You don't have to like it, but to argue against it is essentially arguing against liberty and choice.


It doesn't matter to me either way what other people do, I'm responsible for my actions not theirs. That said..........
There is no just thing as property rights. Carrying a concealed gun is not "conduct" anymore than carrying a set of car keys is conduct. If a business is open to the public, the owner loses a certain amount of freedom if he wants to stay in business. In the mean time I'll enjoy the fact that those signs mean nothing to me as a consumer in FL.
 
Blindly telling us that no weapons no way no how, and by the way, you volunteered for this and don't bother claiming damages if you get hurt of killed because some judge said a liquor store clerk was in no more danger on the job than at home.....

Even on your own property with all the latitude a homeowner has, you don't get to gratuitously endanger guests or other persons having occasion to be on your property without being responsible.

I know it's the way it is, but don't really see any thing to tell me that the empolyer's property rights always trump the employees individual rights.

I believe you are a prosecutor, but still way ahead of most folks in legal matters. Is it entirely impossible that an employer knowing their employees are at a heightened risk of homicide would have a duty to take measures to keep them from harm?

Here's the problem with your argument. You are assuming that businesses are insurers of peoples safety. They aren't. The law does not (and should not) require people to protect others, absent a special agreement or relationship.

So, while a business may be liable for someone who suffers injuries at the hands of a 3rd party because of their negligence, if there is no negligence (and there almost never is with random work place shootings) then it is almost 100% of the time because the employer had no duty to protect the employees.

The thing to remember in all this is that a court will NEVER rule that a business was negligent in its duty (if there was one) to protect its employees by not allowing people to carry on the premises. To suggest otherwise would be to say that employers have a duty to see that their employees are armed.


There is no just thing as property rights. Carrying a concealed gun is not "conduct" anymore than carrying a set of car keys is conduct. If a business is open to the public, the owner loses a certain amount of freedom if he wants to stay in business. In the mean time I'll enjoy the fact that those signs mean nothing to me as a consumer in FL.

Well, thousands of years of law and precedent disagree with you. Whether you consider carrying to be conduct or not is irrelevant. Whether a business is open to the public is irrelevant as well. If you as a customer are carrying in a business, they reserve the right to tell you to leave. Businesses that are not open to the public have even more leeway over who they allow onto their property.
 
Well, thousands of years of law and precedent disagree with you. Whether you consider carrying to be conduct or not is irrelevant. Whether a business is open to the public is irrelevant as well. If you as a customer are carrying in a business, they reserve the right to tell you to leave. Businesses that are not open to the public have even more leeway over who they allow onto their property.


Really can you cite "thousands of years" of case law in the U.S. governing concealed carry? If you can I'll buy you a gun of your choice and stop carrying my gun forever.
They can ask me to leave for any reason they like. They don't like yellow socks they can ask me to leave. You just proved my point though that businesses open to the public give up a certain amount of freedom.
 
You are assuming that businesses are insurers of peoples safety. They aren't. The law does not (and should not) require people to protect others, absent a special agreement or relationship.

So, while a business may be liable for someone who suffers injuries at the hands of a 3rd party because of their negligence, if there is no negligence (and there almost never is with random work place shootings) then it is almost 100% of the time because the employer had no duty to protect the employees.

I understand the special relationship does not exist because the employment relationship is deemed voluntary. Also don't think there is anyway a random shooting could be called reasonably foreseeable.

That having been said, have to wonder why people explaining the no weapons policies, particularly the parking lot bans, seem to rely on the "hothead" employee scenario. If it is deemed enough of a risk to have policy to prevent it, is an event so referenced reasonably foreseeable?


If it is so remote as to preclude liability, why do company policies fixate on these arguments for workplace safety?

What I can glean is that there is no duty on the part of the employer to protect employees or customers in general.

In the ordinary situation an employer has no duty to provide police protection for employees. . . . In spite of police protection afforded by the state it is a fact of life that citizens are sometimes assaulted, beaten, robbed, raped or murdered at home, at work or on the streets. This is a problem which confronts all citizens equally and for which there is often no civil remedy

A duty only arises if the danger is reasonably foreseeable, and that seems to be a very tough standard to meet.

What is the definition of reasonably foreseeable? Is it like probable cause?

The case I was reading about referenced an earlier case where the court found "reasonably foreseeable" danger
with Lillie v. Thompson, 332 U.S. 459 (1947) (employment conditions requiring employee to work alone in isolated section of dangerous area and to admit anyone who knocked into building lacking windows and outside light foreseeably enhanced risk of criminal attack).

But they went on to day that a decedent who worked in a liquor store was in no more danger at work then at home or on the street.

I don't agree with the lack of a special relationship when the citizen's normal means of defense is a legal handgun and the relationship deprives them of that, but accept that it's the way things are.

What I am really curious about is the standard for "reasonably foreseeable danger that creates an extraordinary risk" and so on and so forth.
 
You said...

There is no just thing as property rights.

I responded with...

Well, thousands of years of law and precedent disagree with you.

And then you write..

Really can you cite "thousands of years" of case law in the U.S. governing concealed carry?

Stop me if you're starting to see a pattern, or in this case, lack thereof.
 
Stop me if you're starting to see a pattern, or in this case, lack thereof.


Just a pattern of you thinking U.S. case law goes back several thousand years and that a business owner controls me because I need his goods or services. It's doesn't and I don't.
As long as I'm legal within the law, I couldn't care less what a business owner thinks. If I ever need to use it, I'm old enough and responsible enough to take accountability and responsibility for my actions. I've been carrying for 20 years and never had anyone say anything. I guess either most could care less or don't notice; take your pick.



Edit: Going back to the original topic. Since in most states they don't need a reason to fire you and the courts side with the employer on guns. I don't agree, but they didn't ask me.
 
If it is so remote as to preclude liability, why do company policies fixate on these arguments for workplace safety?

Because its easily explained and sounds better than "we don't like guns".


What I can glean is that there is no duty on the part of the employer to protect employees or customers in general.

More or less thats true. Depending on the circumstances, a business may have a duty to inspect for dangers, but if we are talking about "protecting" or guaranteeing safety, then no there is no duty.

What I am really curious about is the standard for "reasonably foreseeable danger that creates an extraordinary risk" and so on and so forth.

"Reasonableness" is the touchstone of negligence. When a court asks is something reasonably forseeable, they are asking are there conditions present that would leave a reasonable person to conclude that such an event (in this case an attack) would occur.

For example, if a department store is in a bad part of town, and muggings in parking lots are common, then its reasonably forseeable that a mugging could occur in the parking lot. As a result, the department probably has a duty to take appropriate action such as hiring a security guard, making sure the parking lot is well lit. If the store takes these measures then they most likely won't be liable for any muggings.

And that right there is the distinction. If businesses were liable for the safety of people then someone who was mugged would always be able to recover. However because businesses only have a duty to not be negligent (i.e. take reasonable precautions to forseeable problems) their liability ends once these precautions are taken.
 
Just a pattern of you thinking U.S. case law goes back several thousand years and that a business owner controls me because I need his goods or services. It's doesn't and I don't.

Don. Stop and take a deep breath.

Better? Ok then. You made the claim that there is no such thing as property rights. Thats hogwash. Property rights go as far back as property ownership does. Because you carry a gun doesn't change this.

As far as what a business owner can do, yes he does control you to an extent when you are on his property. What the law says is irrelevant within the context of this discussion. We are talking about whether the rights of a business overrides the rights of a ccw holder.

Why people get so huffy over something that isn't even applicable is beyond me
 
Better? Ok then. You made the claim that there is no such thing as property rights. Thats hogwash. Property rights go as far back as property ownership does. Because you carry a gun doesn't change this.

You have the freedom, can you show me these property rights written out? They are freedoms you enjoy with the ownership of property.
As far as what a business owner can do, yes he does control you to an extent when you are on his property. What the law says is irrelevant within the context of this discussion. We are talking about whether the rights of a business overrides the rights of a ccw holder.

And as I said in FL he can ask you to leave for any reason he chooses. His sign has no force of law associated with it.

Why people get so huffy over something that isn't even applicable is beyond me

At the point I jumped in the discussion was veering towards consumers. I said my piece and you decided that as a business owner you were right and all you say is supreme beyond questioning. That is what I will never understand and the reason for starting my own business. As long as what a person brings in is legal I could care less what they have in their pockets, under their coat or in their shoe.

As I stated but you decided not to include was that the employer/employee relationship is different and even though I don't agree with it, the courts do at this point. I've seen too many employers do the bare minimum even though not adequate for their employees while expecting their employees to do the maximum. I decided I was better off working by myself for myself.
 
You have the freedom, can you show me these property rights written out? They are freedoms you enjoy with the ownership of property.

Sure. Go to a legal search engine, type in "property rights" and then spend as long as you like reading the case law. Why you seem to think this does not exist is beyond me.

And as I said in FL he can ask you to leave for any reason he chooses. His sign has no force of law associated with it.

The point is that he doesn't need the force of law to exclude you for carrying. As a consumer he can boot you. As an employer he can fire you. You're free to take your business somewhere else, or find a job somewhere else, or simply not carry at that particular place. However you don't get to tell him what to do in his joint.


I said my piece and you decided that as a business owner you were right and all you say is supreme beyond questioning. That is what I will never understand and the reason for starting my own business. As long as what a person brings in is legal I could care less what they have in their pockets, under their coat or in their shoe.

So because Don thinks this way, every other private business should operate the same? You might not have concerns, but others certianly might. The whole point of a private business is that they get to operate how they wish.

As I stated but you decided not to include was that the employer/employee relationship is different and even though I don't agree with it, the courts do at this point. I've seen too many employers do the bare minimum even though not adequate for their employees while expecting their employees to do the maximum. I decided I was better off working by myself for myself.

Thats fine that you decided to start your own business, but thats neither here nor there. Neither are your beliefs on input vs output. All of that is just extraneous stuff that has no bearing on the issue of RIGHTS.

The employer/employee relationship is also a moot argument. Employment is a contract in which the employee agrees to the terms of the employer. If not allowing guns on the property is a deal breaker, the employee can go elsewhere. Likewise, if a company decides to change policy, the employee can go elsewhere.

As I'm sure you well know, people who want to make their own rules have the option of starting their own business. Short of that, they are going to have to work within the confines of the business. To argue otherwise is to tell me that companies shouldn't be able to set their own policies.

As a business owner I'm sure you wouldn't like the idea of someone telling you how to run your business.
 
"Reasonableness" is the touchstone of negligence. When a court asks is something reasonably forseeable, they are asking are there conditions present that would leave a reasonable person to conclude that such an event (in this case an attack) would occur.

For example, if a department store is in a bad part of town, and muggings in parking lots are common, then its reasonably forseeable that a mugging could occur in the parking lot. As a result, the department probably has a duty to take appropriate action such as hiring a security guard, making sure the parking lot is well lit. If the store takes these measures then they most likely won't be liable for any muggings.

And that right there is the distinction. If businesses were liable for the safety of people then someone who was mugged would always be able to recover. However because businesses only have a duty to not be negligent (i.e. take reasonable precautions to forseeable problems) their liability ends once these precautions are taken.

This is where it gets terribly confusing to me.

Generally I don't think businesses should have a duty to protect employees or customers from criminal attack. The way the intent of common law has been explained to me over the years that duty rests with the individual to defend themselves.

Now in the case of convenience stores, when the stores themselves have robbery procedures, tape on the door to help guage the height of the offender, cameras to capture the act - they can't say a robbery was not a reasonably foreseeable act.

Given the mortality rate of cashiers compared to the rest of the workforce (nine of ten cashiers who die on the job are murdered), given that the probabliity of being injured by submitting to robbery is higher than being injured when resisting with a firearm, it seems death or injury from robbery is reasonably foreseeable if we know there is a likely danger of robbery and we knowingly deprive the employee of the choice for effective defense and train them to submit when such is known to increase danger for the employee

Now if an employee willingly decides to be unarmed and submit that is one thing. If they employer is mandating that approach to preclude liability to an injured robber then they have made the right to life for the clerk subordinate to the right to life of the offender.

That seems to go against common sense. If the situation exists because of some strained view of judicial notice it needs to be challenged.

One could argue that cameras and procedures are measures that satisfy the duty of the employer. Still robbery rates are relatively stable for convenience stores for the last thirty years. The measures don't seem to mitigate the danger.
We can watch taped robberies and acts of violence 24/7 thanks to cable TV and Youtube.

As you pointed out, enforcing a policy to have everybody armed makes no sense on it's face. Since the individual has the duty of self defense presumably they have the right to choose a legal method that suits the individuals belief system.

Where I get twisted is in circumstances where the danger is known, the employee is licensed to carry, how do we not incur any liability if we deprive the individual of their customary means of protection?

If we accept the right of the property owner to make the decision for the employee, how come that right does not entail responsibility?

Then we have the situations where the employee is not on the business owner's property. Still, because the employee is acting under the direction of the company the company presumes the right to dictate the means of protection, if any, of the person acting on their behalf.

Again we seem to have authority and power without responsibility or accountability..

Because its easily explained and sounds better than "we don't like guns".

Finally, an honest answer. I tend to agree with that position.

I also agree that some restrictions on business are truly ridiculous. Some are clearly not. Overtime, time off, boundaries between personal and work time are all things I believe you can find employment law on.

Virtually every workplace has mandated notices of things the employer can not do simply because they want to, even when a compelling case for profitability could be made. Overtime being one these.

From my perspective, self defense is an inherent right and the 2nd upholds and enforces that right.

For many years our laws in most places reflected that ordinary people had no right to carry weapons, especially concealed weapons for their own defense.

Now we seem to be recognizing the right of the individual to possession of defense tools to the point of passing laws requiring the issuance of permits after meeting objective criteria.

At the same time businesses are working to curtail that right. While I do respect property rights I can't honestly say that trumps the right to life.

It then follows that if right of self defense is derived from the inalienable right to life then the right of self defense is an inherent right to be guarded jealously, especially lacking any duty of the state or employer to defend the individual.

The right to life is why we have the right to self defense. If a company proclaims a right to interfere with a person's means of defense why do they not assume liability?

I understand that they don't generally in our current legal climate, just don't understand why. Especially in the known hazardous trades.

The voluntary relationship is not an absolute immunity from any duty. It seems that in some places this is being re-examined in regards to individual self defense.
 
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Where I get twisted is in circumstances where the danger is known, the employee is licensed to carry, how do we not incur any liability if we deprive the individual of their customary means of protection?

If we accept the right of the property owner to make the decision for the employee, how come that right does not entail responsibility?

Again, because a business is not an insurer of its employees safety. When looking at whether an employer is negligent you dont do this on an employee by employee basis, you look at it from the big picture. Namely, was the business negligent in regards to its employees, not Bob or Sue or Ralph individually. Thus, not allowing a licensed employee to carry will never breach a duty that the employer has.

Add to this the fact that after a crime occurs, you will never be able to actually prove that having a gun would have stopped the crime. You would merely be speculating and that wont fly.

I understand you want it, but if the courts were to rule this way that would mean that businesses would have a duty to make people carry. There is never going to be a court that will rule this way and rightfully so.

Then we have the situations where the employee is not on the business owner's property. Still, because the employee is acting under the direction of the company the company presumes the right to dictate the means of protection, if any, of the person acting on their behalf.

Again we seem to have authority and power without responsibility or accountability..

If someone is in the course and scope of employment, then they probably won't be able to carry. I suppose if they weren't using a company car, stopped off to pick up their carry piece (which would be a no no since they are deviating from what they are getting paid for) carried while they were out and then returned it back hom before they returned to the building that would be ok.

Then again depending on the terms of employment, it might not. The principle behind this is the same as not allowing people to drink on their lunch hour. They are off the clock and off the premises, but they are still bound to the employees rules. In your example, the empoyee is still on the clock and acting as an extension of the business. As such, they have an obligation to act in a way that the employer requires and this could mean not being armed.

Of course speaking practically for a moment I don't think very many employers go into detail about whether someone can carry when off the property. They simply say no weapons on the premises. So theres an argument there for allowing people to carry while doing business in public. Of course the ultimate question is whether you want to bother with all of this since its just far easier to find a job that doesn't have these restrictions.
 
From everything I can find Stage2, your analysis is right on the money regarding the current state of affairs.

It will be interesting to read the results of the Conoco vs Oklahoma case. In Oklahoma it is illegal for the employer to prohibit employees from having guns in their cars, but the law is being challenged in court and thus is not enforced. I believe the same law exists in Kentucky and is being promoted in the Florida legislature.

Need to read up on those again, but seem to remember that one of them makes it a felony for the employer to fire an employee for having a gun in their car. (may be the proposed law in FL, really need to check that again)

When looking at whether an employer is negligent you dont do this on an employee by employee basis, you look at it from the big picture. Namely, was the business negligent in regards to its employees, not Bob or Sue or Ralph individually. Thus, not allowing a licensed employee to carry will never breach a duty that the employer has.

This is right where I hit the brick wall. Individually, as Dave Armstrong correctly pointed out, Bob or Sue may indeed be better off unarmed facing an armed robber. The big picture as portrayed here -

Reference: 26 GARY KLECK, TARGETING GUNS 167-174 (1997). This common sense conclusion is based upon Kleck’s
analysis of the most extensive, representative, and detailed data base available relevant to victim defensive
action. This data base is compiled from the National Crime Victimization Study, between 1979 and
1985 and includes over 180,000 robberies, assaults and burglaries. His analysis is consistent with
the findings of other researchers who examined smaller data bases. Phillip Cook found that burglaries
where the victims resisted with firearms were less likely to be completed. See Phillip Cook, The
Technology of Personal Violence in 14 CRIME AND JUSTICE 57 (Michael Tonry ed., 1991).
Southwick found that robbery victims using firearms were less likely to lose cash or other valuables.
Lawrence Southwick Jr., Self-defense with guns: the consequences (1996) (Revised version of a paper
presented to the annual meetings of the Western Economic Association, San Diego, 1995 on file with the
author). Kleck and DeLorne show that those who resist robberies using a firearm are less likely to lose
property or to be injured than are victims who do not resist or who use another means to resist. Gary
Kleck and Miriam DeLorne, Victim Resistance and Offender Weapon Effects in Robbery, 9 JOURN.
QUAN. CRIMIN. 55-82. (1996)

If accurate that would seem to indicate an arguable breach if all licensed employees were denied, then any of them were subsequently injured or killed. Now we are of course speculating after the fact, but using established statistics to do so. IF that study holds up to peer review, etc.


BUT!!!

As the trial court noted, "[t]he [defendants] did not create or allow to exist an environment which placed [the decedent] at risk any more than if [he] had been at home or on the street." Compare id. at 885-87 (employment conditions, which involved working at night in store in lighted area of main thoroughfare regularly patrolled by police, did not "greatly and unreasonably" enhance risk of attack

The above references a liquor store clerk, and seems to be an error on the part of the jurists. Nobody in their right mind would believe that being a clerk in a liquor store at night was no more risky than being at home.

I don't think mandating carry is wise either. But If I take my fiber pills believe I may live long enough to see licensed carry recognized as an employee right in at least one state.

Of interest to me was the Wisconsin case where a pizza delivery person was not charged for violating the concealed carry law. He did not have a permit but because he had been robbed he "had a reasonable fear" that allowed him to carry anyway. Can't be sure, but his employer was in the right to dismiss him for violating policy and would not have been liable if he had followed policy and been injured or killed.

Pizza delivery people usually drive their own cars (not always) but can still be fired for weapons they never bring into the store but keep in the car and carry when off premises. Reasonable? But it is perfectly legal.

Also interesting is the Maryland law. In an anti-gun state there are provisions to carry at work concealed without permits. Similar laws were in Virginia. Odd that the legislatures seem impelled to explicitly make exceptions for businesses and businesses seem to be driven to be gun free at any cost.

Of course this is all through the clear lens of a layman looking into the strange and wonderful world of juris prudence.

We are talking about the system that absolves the business interests when their unarmed employees are gunned down in predictable incidents of robbery, but rewards millions to some ____ (insert your favorite pejorative here) who spills coffee in her lap and sues because the coffee was hot - as advertised and as is the custom when serving coffee.

To be clear, I think mandating cc is about as brilliant(NOT) as banning it. Would be grand if we could find the balance.

"I know there's a balance because I see it when I swing past" - John Mellencamp.
 
I don't think mandating carry is wise either. But If I take my fiber pills believe I may live long enough to see licensed carry recognized as an employee right in at least one state.

Wont happen. The constitution is a restraint on government. A private entity can violate the hell out of your rights and generally there is no recourse.

Just like you have zero freedom of speech on this board, you have no second amendment rights on private property.
 
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