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Old 08-28-2008   #1 (permalink)
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Can an employer suspend your constitutional rights at work?

Can an employer suspend your constitutional rights as soon as you drive onto company property?

I have a friend that just told me his employer posted a message to all employee's the "new" company policy is,
"No guns allowed on company property, period"

"Violation of this policy will lead to instant termination"


He drives a company pick up truck and he was also told that the new policy includes company owned vehicles.

It this legal?
Has this ever been court tested in Indiana?

Seems to me this could be/should be unconstitutional?


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Old 08-28-2008   #2 (permalink)
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The Constitution only limits what governments can do. Private people and companies can do whatever they like, aside from discriminate based on age, race or sex.
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the enshrinement of constitutional rights necessarily takes certain policy choices off the table.
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Old 08-28-2008   #3 (permalink)
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yes they can.
that being said I give a bonus "to pay for the permit" to my employees who want a carry permit. I'm different though.
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Old 08-28-2008   #4 (permalink)
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If its a company vehicle, then the company can do what they want. If it was his car, that is when it gets a little grey. You could argue both ways...
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"The constitution of most of our States assert that all power is inherent in the people; that it is their right and duty to be at all times armed."
-- Thomas Jefferson

"Firearms stand next in importance to the Constitution itself. They are the American people's teeth and keyston under Independence." --George Washington
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Old 08-28-2008   #5 (permalink)
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This is a very sticky subject.

On one hand I feel that we should be able to carry anywhere we choose.

On the other, I am not willing to violate someones/companies rights to make rules and policies regarding their own property.

That being said, the company I work for has a no guns policy, they also know I don't give a rats ass about it and I carry anyway, but then again I make them a good bit of money.
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Old 08-28-2008   #6 (permalink)
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If its a company vehicle, then the company can do what they want. If it was his car, that is when it gets a little grey. You could argue both ways...
Agreed. I think that there is at least a wrongful termination argument to be made if it is in your car. You could argue that it isn't really on their property, as it is securely in your own private property. One of the appeals courts just ruled that you can't be charged with public intoxication if you are in a car. They said you aren't in public, you are in a car, and that is private. Seems like you could extend that logic to say that you are in your own private space when the tires are on public space, you would still be in your own private space when they are on someone else's space.
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Old 08-28-2008   #7 (permalink)
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As stated above if you agree to work for someone you have to abide by their rules. You have the option of quitting. My employer tells me how long my hair can be, that I can't have facial hair, what type clothes I can wear while on the job. They can fire me if I say something against company policy or that is disrespectful of my superiors. So it isn't just guns. They make the rules I have to live by while at work.
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Old 08-28-2008   #8 (permalink)
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Quote:
Originally Posted by Episcopus View Post
The Constitution only limits what governments can do. Private people and companies can do whatever they like, aside from discriminate based on age, race or sex.
So, an individuals second amendment rights can be restricted or rendered null and void, when on or in an employers property?

Hmmm?
Doesn't seem right, that you have to leave your rights, at the company gate.


Just never had ran into this issue.
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Old 08-28-2008   #9 (permalink)
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It's simply not a 2nd Amendment issue if it involves no government action. It is part of a private arrangement. An Indiana employer can fire you for any reason except for race, religion, etc.
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Old 08-28-2008   #10 (permalink)
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My company has a no weapons policy also, but the ongoing joke at work is that I carry and noone cares. The other day a manager was joking about going after an employee so he asked a coworker for a knife. The "victim" said something else and he said "that's it, (dblagent) give me a gun!" I propped my leg up on a stool and started lifting my pant leg and everyone about fell over. Noone actually looked, I said I don't actually have one, and they said, oh, we just assumed you did.

I did not know that they were that easy, they just say they do not want to know. Allllrighty then.
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