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Old February 26, 2013, 07:34 PM   #2
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,920
Quote:
Originally Posted by sognky
...My question is does a company have the right to create and enforce a policy that denies me the constitutional right of self defense? Do you think their policy would hold up in court?...
Absent a state law or state court decision prohibiting a private employer from doing so, the answer is "yes."

You should note a few of things:
  1. There is no constitutional right of self defense. The Second Amendment describes a right to keep and bear arms. The right to use force in self defense comes from the Common Law and is now generally statutory.

  2. In any case, in the case of a non-governmental employer the Constitution is irrelevant. The Constitution regulates the conduct of government, not private parties or private entities.

  3. Several States (including Oklahoma, Florida and Texas) do have statutes prohibiting a private employer from taking employment action against an employee for having a gun locked in his private car parked on the employer's premises. I don't know if Kentucky has such a law.

  4. In any case, the details would matter. There are various exceptions under the state laws I referenced above. And depending on the law, if there there is one in Kentucky, its protections might not extend to a company owned vehicle.
In any case, you need the help of a real lawyer -- not a bunch of anonymous denizens of cyberspace.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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