Legality of prohibiting the possession of firearms...

A

adephue

New member
I have been browsing the forums for some time now and have decided to register to ask a legal question. Here is my situation. I work for a private organization as the Safety Director and the organization has a no possession of firearms rule on thier property. Due to the nature of my position, I am provided housing that is on the property of the organization and I am required to live there to be on call. They have told me that I may not keep firearms in the housing they provide because thier organizational policies prohibit firearms. My opinion, is of course, that my right to keep and bear arms is being infringed. While I might not carry a firearm while at work, my opinion is that I should be able to keep the weapons in my household.

I am looking for someone who can clarify for me laws about this kind of situation. I live in PA if that helps. Can my employer legally bar me from keeping weapons in the housing that they provide for me? Any links to court cases or legal precedents would be extremely helpful along with any solid legal declarations or stutues that I could use.

Thanks!
 
First, welcome to TFL. :)

Second, here is the law according to my understanding. You can legally carry a firearm. There is no law which prevents you. However, you would be in violation of company policy, and so what you are risking is your job. If they tell you to leave and you refuse to comply, you may be up for a charge of trespass, but I am not familier with all the technicalities of that scenario.

So yes, your right to keep and bear arms is being infringed, but as your employers, they have the right to regulate what is allowed on their property.
While I might not carry a firearm while at work, my opinion is that I should be able to keep the weapons in my household.
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If you are gonna live on their land, you have to abide by their rules. Unless you believe that your right to bear arms trumps their property rights.
 
I do believe Twycross is correct. By accepting the position with the requirements set by your employer, you have agreed to abide by those rules. As for throwing you out, in most states that is easier said than done unless you have a contractual agreement outlining specifically how, and when you will vacate. Even with this agreement your refusal to leave your residence would be a civil matter in most states, you would not be subject to a criminal trespass charge. This would require the company to seek eviction through the civil court process.IMO
 
Yup my father was a super for a condo.
And they didnt allow guns on the property by employees.... it was a insurance thing.
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I am very skeptical of the idea that there is some mention of not allowing guns in their insurance policy.

A similar thing is when stores and other places claim that they can't allow patrons to be barefoot on their premises because of "insurance regulations." There aren't any such stipulations in commercial insurance policies. This is usually just a case of a proprietor wishing to discriminate and also wishing to not have to bear the blame for making that choice.


-azurefly
 
Welcome to TFL.

If you want to keep your job, then follow their rules, or risk losing your job. The legality of their demands is irrelevant, unless you have deep pockets and want to fight their rules. If you do have deep pockets, then just quit and live somewhere else.:confused:
 
There's something sickeningly amusing about an organization that forbids a "Security Director" not only from carrying a firearm, but also from keeping a firearm at home. They really must not value their security.
 
Thanks for the input guys. I guess I was hoping for some sort of watershed court decision setting a precedence for the 2nd Amendment transcending the rule of a private authority.

I can live with the rules for now. I won't be where I am for the rest of my life and my earnest desire to gather unto myself a cache of weapons and ammo is only in it's infant stages at this point. I am still trying to warm my wife up weapons (she grew up in an unprotected home) so keeping the guns off site is an ok thing for now.
 
Talk to a lawyer who knows housing law. It could be that you have rights as a tenant that trump the organization's rules.
 
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