Let's say I live in state "M".
I have a Concealed Carry permit valid in state "M" that allows me to carry a concealed firearm in all locations except govt buildings, polling places, and any business with a "no firearms" sign posted.
Let's also say I work at company "X".
Company "X" has a "no firearms permitted" sign on their premesis.
Company "X" also has a policy that says any employee possesing a firearm (or other weapon) on company premesis will be fired.
The legal ramification in state "M" for possesing a firearm on premesis posted as "no firearms allowed" is a $100 fine.
Could company "X" legally fire me for posessing a firearm on their premesis? Or would I only be subject to a $100 fine?
My question is: Can the company override my permit to carry, and if I violate the company policy, can they fire me even if the law only gives me a $100 fine?
Does a company get to negate this law? It cannot negate other laws such as making murder legal etc.. I'm confused
2007-01-09 03:58:10 · 12 answers · asked by CJP 3 in Politics & Government ➔ Law & Ethics
fstopf4:
Not true, the fine is not a misdemeanor. It's the same as a traffic ticket. No joke. The training I took explained this very well.
2007-01-09 04:14:45 · update #1
State by State law may vary but normally companies can control the environment that thier staff and customers are in.
It would be the same as a company posting a no smoking sign.
I would say that they can fire you for being in breech of your employee agreement and the government can slap you with a $100 fine on top of that.
2007-01-09 04:03:44 · answer #1 · answered by Anonymous · 3⤊ 0⤋
The answer is really simple. The conceald permit is overrode by any business with a "no firearms" sign posted as you state the law lists as prohibited. You work for a business that has a sign therefore you can not legally carry. The ONLY penalty is $100 I doubt it they usually revoke the carry license and you will never carry legally again if not also prosecute you for the $100 misdemeanor. If found guilty and they press it as a firearms violation good luck ever passing a background for your next pistol purchase. Additionally you MAY still retain your carry license after all this but you won't be able to carry at the unemployment office which will be your new employer. Employers are legally bound to provide safe work environments and if they deem pistols as potentially dangerous they must by law be weapon free.
2007-01-09 12:11:08 · answer #2 · answered by fstopf4 4 · 1⤊ 0⤋
For the prohibition to apply to the public they should post a sign. You however are not the public, but an employee, to apply to you it needs to be in the handbook or other accepted means of communicating co. policy. The correct punishment is to get fired, since that is the co. policy- Gov. (law) only applys to government premises (& public property). This is how it should be as the government should not override private buisness in a free society. Because the converse then is also true- i.e. I once worked for a private co. which allowed me to carry, and I did. I did not need a permit as it was private. The co. is not overriding your permit to cary as the co. premises are private (not public property).
Okay, you want to test it, should a private buisness have the right to say customers can not wear red clothes while in thier store? What if it was a feed store and they had bulls around?
2007-01-09 12:19:59 · answer #3 · answered by CaveGoat 4 · 0⤊ 1⤋
Yes.
A private company can have and enforce any policies they want. Most companies say that you cannot have sex with other employees while at work or you will get fired. It is not against the law to have sex. Yet you can still get fired for it. The same goes for having a firearm.
2007-01-09 12:14:16 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The company policy is not a law, so yes they can fire and can fine you. You might be able to get away with it if you can provide circumstances, i.e. you work for the FBI and you need to carry a firearm. If that is the case I would disclose your concerns to the company as opposed to having them find out. Why would you need a firearm at work anyway?
2007-01-09 12:03:34 · answer #5 · answered by Pfo 7 · 2⤊ 0⤋
You can be fired and fined. Why would you want to carry your gun to work anyway? Unless you are an law enforcement officer, you have no right to carry a weapon onto private property, which has posted a sign stating no firearms on the premises. Just because you have a permit to carry, doesn't mean you can carry it everywhere. USE COMMON SENSE!
2007-01-13 10:00:01 · answer #6 · answered by ladyimpossible1 1 · 0⤊ 2⤋
The company has the right to fire you. There is nothing in state law about a shirt and tie either, but you can be fired for not wearing them if the company policy stipulates it. Why would you think carrying a gun would be any different?
2007-01-09 12:04:26 · answer #7 · answered by diogenese19348 6 · 1⤊ 1⤋
Yes, Carry and conceal does not give you permission to carry on private property, the owners have a right to allow or deny firearms on it's property
2007-01-09 12:03:46 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Your company does not have to restrict its policies to barring things that are illegal - they may bar clothing deemed inappropriate, such as political t-shirts, in order to keep a proper business environment, and not run afoul of free speech rights. So barring guns at peril of job loss is within their rights.
2007-01-09 12:09:45 · answer #9 · answered by oohhbother 7 · 1⤊ 0⤋
the co can fire you for not following policy ,, sad to say...work is where you need protection for crazy people with no carry permit...why get a permit if all u want to do is murder yopur co workers?
2007-01-09 12:42:46 · answer #10 · answered by Anonymous · 1⤊ 0⤋