Does employer's policy override CCW license?

I hate to say it, but on private property you are under their rules. Just as the owner of a home can choose to allow you in with your firearm, so too can an employer. After all, you are 'volunteering' to work there, and can seek other employment at any time. You are not under binding contract- you can quit without facing legal repurcussions. Choosing to work there implies a consent to their rules. That's how the law will see it.
 
Just as the owner of a home can choose to allow you in with your firearm, so too can an employer.

Not everywhere in the case of an employer. If you think about it in your home either. You can't stop the police from being armed in your home if they have a right to be there.
 
I hate to say it, but on private property you are under their rules.
Only to a point. Being a guest or an employee doesn't mean your host or employer has the right to do anything they desire to you. There are still limits. (At least at the current time in our culture. ;) )
 
Being a guest or an employee doesn't mean your host or employer has the right to do anything they desire to you. There are still limits.

True. But by the same tolken personal rights also have their limits where private ownership and contract terms are concerned. If the employment contract you sign clearly states that you will begin each work day with a smurf-song sing-along, well guess what---ridiculous as it might seem to you, if you sign it, you're singing as part of your terms of employment whether you like it or not. :D
 
Are you really saying that significantly impairing a person's ability to self-defend is comparable to making employees start the day with a sing-along?
 
Oklahoma law is being challenged in court, but their law says an employer can't keep you from storing your defense tool in your car. There is one other State with similar legislation and then we have Florida.

The notion that whatever the employer says goes is a false assumption and examples covering defense tools and other rights have been given.

Still, it's a song that people here keep singing. So a smurf song might be a welcome relief. I say I wouldn't sue or quit over the smurf song for that reason :D
 
best way to solve it

is by asking state legislature to pass laws allowing CHL status to override any business regulation.

As for restricting people's right based on what they might do, that is wrong.

--J
 
THen there's always the counter argument to those saying people should find other jobs. If employers in Oklahoma and Kentucky have a problem with the State preserving the rights of citizens to posess self defense tools, they can leave.

In fact if employers have a problem with defense tools in the hands of the people, they can move to the UK. That kind of collectivist thought is government backed there.

Here, we are in the process of rediscovering our RKBA. Most Americans live in States that are Shall Issue. Some of those states are challenging employers policies to prevent posession of defense tools.

When employers open a business they are bound to respect the laws protecting the rights of their employees. If they don't, they are free to pursue opportunities elsewhere.
 
When employers open a business they are bound to respect the laws protecting the rights of their employees. If they don't, they are free to pursue opportunities elsewhere.

...and this is exactly what is happening in America today. The government has imposed itself on American businesses to the degree that they find more freedom in other countries. You're not advocating this, are you P-Dog?
 
Are you really saying that significantly impairing a person's ability to self-defend is comparable to making employees start the day with a sing-along?

No John, not in any serious sense. The point is that if an employer writes up a contract for employment that clearly states what is/is not required under the terms of employment, you have the choice of signing or not signing your agreement to those terms. If you sign to those terms, then you are legally waiving whatever rights you previously had that contradict whatever those terms are covering as terms of your employment.

kmoffit also raises a very good point. The government has already become so involved in business practice, good--bad--or otherwise, that more involvement even for a good reason is seen more as an invasion. In light of the business owner's viewpoint (generally speaking) it could easily be seen as the government stepping in and taking away their ability to control and protect their own assets as they see fit. Think that's going to raise some flags?
 
You're not advocating this, are you P-Dog?

No I am holding this argument up to those who say that the employees can go elsewhere. We have companies in OK suing to keep citizens from possessing their legal defense tools in accordance with state law.

To answer all the people who are saying that employees can pull up roots and move to one of those states or find an employer like Cincinnati Motor Cars, I say the companies are free to pack sand as well.

Suggesting that companies leave is no solution, nor is suggesting that people who are licensed just quit their jobs, or that people are free not to work, etc.

The issue is rights of people and companies. The issue is safety. There is debate and discussion and that's good.

Telling people that if they are employees they can like or lump it makes as much sense as telling companies the same. It solves nothing.

Raising that point is what I am advocating there.

In light of the business owner's viewpoint (generally speaking) it could easily be seen as the government stepping in and taking away their ability to control and protect their own assets as they see fit.

That is exactly what it is, and that has happened time and time again - like the issues of equal pay, non discrimination, safety standards, wage and hour standards, regulations on child labor. The employer-employee relationship is in some aspects adversarial by nature.

Government intervention is a fact of business in these here parts. Without it we could very well still have company detectives shooting up the shanty towns we would be living in.

I can't be the only one who gets the history channel.

The point is that if an employer writes up a contract for employment that clearly states what is/is not required under the terms of employment, you have the choice of signing or not signing your agreement to those terms. If you sign to those terms, then you are legally waiving whatever rights you previously had that contradict whatever those terms are covering as terms of your employment.

Only if the terms are enforceable under the prevailing laws. The non-compete clause is a prime example. Every code monkey job I had in the D.C. Metro Area came with a non-compete clause which was not worth the paper it was written on.

In Oklahoma and Kentucky the same is true if you sign a policy saying you won't keep a gun in your car. That's why some company having little cow shaped goat smelling kittens over this is in court in OK. Because that policy and and contract signed agreeing to it is not worth the paper it is printed on in OK.

I don't argue that if the policy is legal and you sign it you are bound to abide by it. Which is why I follow the policy at my workplace. No weapons, any tools I have are approved by my supervisor. I am advocating more laws like the ones in OK and KY, soon to be FL.

The whole deal with the weapons in cars is that people could go to the car, retrieve a gun and come back in blasting. Yes they sure could. But if they are going to do that are they going to give up even if they don't have their gun in their car? What stops them from going home and getting one and coming back? Nothing.

No weapons at work? Fine, what are you doing to protect me? Telling me that being unarmed in the face of attack is for my own safety? Tell me to dial 911?

Should the law let you be that stupid? They do in most places. Sad, and needs to be changed.
 
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Yet many employers have been forced into recognizing rights of employees over the years despite their wishes. Do labor laws, EEOC regulations exist because employers wish for them?
So you want to advocate MORE interference in the marketplace, MORE government control over what the employer can do, MORE government control in provate matters? Perhaps that is where we differ.
The idea that permit holders as a group are dangerous is unsupported through analysis of available data.
True, just as is the idea that safety will be improved by allowing CHL holders to carry at work against their employer's wishes is also unsupported.
We talk about accidents. Guns were carried everyday by all kinds of people for a long time before anti-self defense laws became popular.
Yes, and accidental deaths from firearms were quite prevalent. However, that is not my position. Mine is simple--your rights to carry a gun do not trump my rights to run a business the way I want.
Neither do employers everywhere have unlimited power to curtail RKBA of employees.
Nobody has said they do. You keep making arguments that nobody has mentioned.
There you have it my main man.
So what? By your own admission,IIRC, there have only been 209 workplace deaths associated with firearm attack in the last decade. That is pretty darned safe, given the millions of workers out there each day.
We should be able to hold up some data of gun accidents in the workplace from past and present situations where guns are allowed in the workplace.
The two that are pretty obvious are the military and LE, and data from LE certainly indicates that AD/NDs are quite a problem. I don't have the full data, but apocrophyl discussions would seem to indicate them to be a problem for the military also.

Some of those states are challenging employers policies to prevent posession of defense tools.
Are any of the states challenging policies that prohibit actual carry while on company time? I tend to support the ability to carry to work and leave the firearm in the vehicle, but I would also suggest tha is significantly different than carrying in the workplace environment.
 
So you want to advocate MORE interference in the marketplace, MORE government control over what the employer can do, MORE government control in provate matters? Perhaps that is where we differ.

Yes. I advocate Government having MORE control over the power of Businesses to interfere in private matters, such as the very private decision to be responsible for one's own safety. How that interferes with the market place is beyond me.

Making workplaces safe for criminals interferes with the market place. Show me where allowing CCW at work has interefered with the marketplace.

True, just as is the idea that safety will be improved by allowing CHL holders to carry at work against their employer's wishes is also unsupported.

Nyet Tovarich, The stories I googled up and posted links to all support CHL in the workplace with real life events.

Once again you reply with nothing but rhetoric.

I did not make up the account of the guy that got killed because his CHL was invalid. I did not make up the other stories of CHL holders saving lives and stopping crimes. That is real, they are factual events and they do support CCW in the workplace.

Yes, and accidental deaths from firearms were quite prevalent. However, that is not my position. Mine is simple--your rights to carry a gun do not trump my rights to run a business the way I want.

RTFT (read the fine thread :D) - that was a point you raised against CCW in the workplace. I have shown that choking deaths from ingested objects are more prevalent than accidental firearm deaths.

Given that more ADs/NDs occur than intentional discharges at BGs, to claim that carrying guns at work would make the place safer is not in evidence.

BTW that argument if true would be a darn good reason not to carry anywhere, and we know that's not a good idea.

There is no right to run a business any way you want.

Nobody has said they do. You keep making arguments that nobody has mentioned.

Perhaps we are bantying semantics. When an employer tells me I can't have any defensive tools on me or in my vehicle that means I have no RKBA on their time or to and from work on my time. To me that means unlimited, and quite a few have chimed in and supported that employers do have that right.

If you mean they don't have complete control of my ability to armed at any time I concede that. But unarmed to and from and at is unlimited power to curtail to me.

So what? By your own admission,IIRC, there have only been 209 workplace deaths associated with firearm attack in the last decade. That is pretty darned safe, given the millions of workers out there each day.

That's just deaths from multiple victim shootings. You also have victims of other types of homicide, and we know that non-gun homicides are prevalent relative to gun homicides from the published FBI crime statistics. You also have non-fatal assualts, robbery, carjacking, rape and other crimes against property which statistically would decline in the presence of armed citizens, as they have been proven to in other studies.(John Lott, University of Chicago 1999, "More Guns, Less Crime".

So you cannot refute that evidence exists that legal handguns in the workplace stop violence, and that disarming chl holders encourages violence, but so few are getting killed that the employer's wishes are more important?

I disagree. If allowing CHL holders to carry at work makes it safer, and safety is the goal then it should be allowed. If employers could do whatever they wished they would. They can't and they don't get to. They have rules just like everybody else.

I argue that employers may not capriciously place their employees in danger. The justification for safety makes no sense. More people die from choking that firearm accidents.

The justification of violence prevention is beyond ignorant. People disposed to commit violence are not deterred by gun bans. Only the law abiding victims pay attention to the rules.

The two that are pretty obvious are the military and LE, and data from LE certainly indicates that AD/NDs are quite a problem. I don't have the full data, but apocrophyl discussions would seem to indicate them to be a problem for the military also.

The LE and Military are not licensed citizens carrying concealed weapons to work. They hunt things and look for trouble. So the comparison suffers on it's face. But by all means get the full data and lay it out. Or some data, any kind of supporting evidence. Something.

There are administrative types in some PDs' that carry in an office setting and are not patrol officers. Perhaps this subsection would be good for comparison. Since they have to carry the comparison would still be strained but perhaps providing insight none the less.

Are any of the states challenging policies that prohibit actual carry while on company time? I tend to support the ability to carry to work and leave the firearm in the vehicle, but I would also suggest tha is significantly different than carrying in the workplace environment.

Laws are on the books for the parking lot issue. One of these is in court being challenged. In Florida a business open to the public cannot discriminate against CHL holders but I think they may retain control of their employees. They cannot however ban guns at their business if they are open to the public.

Of course other legislation from both sides is pending, dying in committee, being feverishly worked on etc.
 
The point is that if an employer writes up a contract for employment that clearly states what is/is not required under the terms of employment, you have the choice of signing or not signing your agreement to those terms. If you sign to those terms, then you are legally waiving whatever rights you previously had that contradict whatever those terms are covering as terms of your employment.
It's not quite that simple. You keep pretending that this is purely an issue at hiring. It's NOT.

My situation is a perfect example. I had already been working for the company for many years when they changed their policy. Prior to that they were a VERY gun friendly company. In the not too distant past there was actually a gun range ON THE FACILITY for use by the company gun club. I could go to another company, but given that my company didn't have the policy when I hired on, it's certainly possible that the new company would change their policy after I hired on THERE. Then there's the wasted experience I've invested in a rather unusual type of work, the hassle and penalty of possibly having to relocate, the issue of dealing with changing health plans, etc. This is an action that will potentially affect virtually every aspect of my life and will have long-lasting repercussions.

What if all the employers (or all the desirable employers in terms of benefits & pay) in my field in my general area have similar policies? Given the type of work I do and the experience I have and would try to market, that's not at all an unlikely possibility.

How far can a company go before you will admit they've gone too far?

No firearms inside the building?
No firearms locked in the vehicle in the gated private parking garage?
No firearms locked in the vehicle outside in the public parking lot?
No firearms at home? (You laugh, but some employers have policies that extend into the home. The example that comes to mind is the more extreme smoking policies.)

I don't think anyone's arguing that an employer has the right to set policy to govern his employees, what IS at question is how far-reaching that policy should be allowed to be, and what protection an existing employee should have against the enaction of draconian policies.
By your own admission,IIRC, there have only been 209 workplace deaths associated with firearm attack in the last decade. That is pretty darned safe, given the millions of workers out there each day.
It's pretty darned safe if you're not one of the 209. Why should I have to trade away some of my safety (even if the odds are relatively good) to keep my job?

How good do the odds have to be before my employer can arbitrarily force me to leave or take the bet?
 
As well, the 209 deaths in the time period referred to multiple victim shootings. While violent crime is decreasing these crimes are on the increase.

Also increasing are workplaces that are safe environments for criminals and murderers. Coincidence?

Most workplace shootings involve robbery. The multiple victim shootings have more media value as it pertains to keeping watching during the commercial break.

Homicides are more rare than assault, robbery, carjacking, rape and other crimes against property all of which are proven to be reduced in the face of armed citizens.
 
I think that stating that a property owner's rights being absolute, and using your home as an example is a flawed argument.

1 You have the right to put a sign in your yard that says "No Italians allowed." You do not have the right to place the same sign on your business.

2 You have to allow fire inspections and building inspectors into your business, but not in your home.

3 You have to follow certain restrictions in your business like handicap parking, but not in your home.

4 In addition, many businesses are owned and operated by corporations. Corporations do not have the same inalienable rights as people do. A corporation, for example, does not have a second amendment right to bear arms. I do. Why? Inalienable rights are endowed by your creator, whoever you believe that may be.

Once you open your business to the public, you owe a debt to that same public to provide certain things. Among those things is a reasonably safe environment. A business owner's property rights do not trump my right to defend myself from criminal attack. Don't like it? Don't open your business to the public.
 
This thread nas been an eye opener for me and my flawed assumptions. I had previously assumed that people who would own defense tools would be pro self defense.
 
1 You have the right to put a sign in your yard that says "No Italians allowed." You do not have the right to place the same sign on your business.

2 You have to allow fire inspections and building inspectors into your business, but not in your home.

3 You have to follow certain restrictions in your business like handicap parking, but not in your home.

4 In addition, many businesses are owned and operated by corporations. Corporations do not have the same inalienable rights as people do. A corporation, for example, does not have a second amendment right to bear arms. I do. Why? Inalienable rights are endowed by your creator, whoever you believe that may be.

All of the above are true. But the question was can an EMPLOYER, not a business override your right to keep and bear arms. Sadly, they can. By choosing to work there, you are choosing to follow their rules. If you don't like it, get another job. I am strictly talking about carrying a weapon into work. If it is out in the parking lot (Locked up, naturally. You never know who you work with.), the issue is much more gray. Personally, I'd say that your car is an extension of your home, personal property- subject to the old "castle" defense. But, a judge might not see it that way. Be safe, and check local / state laws.
 
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