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:
- 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.
- 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.
- 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.
- 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.