Can your employer fire you for carrying a gun at work? What about concaved carry? Do they need a written policy before they can discipline or terminate you for your firearm? Do we all potentially lose our 2A rights when we clock in? The Armed Attorneys break down the gun law that applies to carrying at work in at-will employment states and how it impacts the Second Amendment.
Join this channel to help support our 2A community:
Follow us on Twitter and Instagram: @ArmedAttorneys
Richard D. Hayes, II: @TXGunLaw
Emily Taylor: @2A_Attorney
Make sure to subscribe for more gun law, self-defense, and firearm news.
Gun law, self-defense FAQs, and the 2A simplified every Monday, Wednesday, and Friday at 4 PM CT.
Today we’re talking about whether your employer can restrict your right to effectively carry a firearm at work or in company vehicles … we have to start with some assumptions we’ve got a legal carrier somebody carrying under the authority of constitutional carry or maybe a license or permit they’re carrying a legal weapon they’re not a prohibited person all things being equal and whether they can carry that firearm into the premises of their work or in their company vehicle and what do we say you know when it comes to at will employment states emily yeah so and that’s our second assumption here right is and this is the assumption that’s going to apply to 90 plus percent of people who are watching this is that you’re in an employment at will state meaning you can be fired for anything at any time right so i mean i don’t like richard’s white shirt i do but if i didn’t i could fire him for that um and also that you’re not a union employee you don’t have a collective bargaining agreement basically you don’t have procedural rights of between you and being terminated which is again most of us so all of that assumption in place the courts have said yes your boss can infringe on the second amendment he can infringe on your right to carry and the consequence is if you don’t obey you can be fired and the reason for that is there really are just a couple classes we call them protected classes there are a couple classes people can fall into that stop them from being fired these are the reasons you can’t be fired they are your race your gender your national origin any disability your religion your genetic information and being over 40 years old being pregnant or any medical conditions that develop from pregnancy and also you can’t be fired in retaliation for asserting any anti-discrimination rights under state and federal law you can’t be fired for refusing to do something illegal or unethical and you can’t be fired for complaining about osha violations and there are a couple others but those are our biggies so i mean what’s not on that list richard yes unfortunately being somebody who exercises the second amendment somebody who keeps and bears arms somebody a lawful carrier they are not considered or part of a protected class … they’re not allowed to carry at work or in company vehicles that that would be considered a lawful termination under most states law now that kind of brings us to our attorney pro tip of the day of do you lose your right to self-defense just because your work has a no firearms policy emily yeah so let’s say that you’ve chosen to disregard that policy or maybe it wasn’t clear it was in the handbook you didn’t know but either way you’ve carried into your office place when you’re not supposed to maybe you’ve got a firearm in your company vehicle and you’re not supposed to have one in the company vehicle you can still defend yourself you know the castle doctrine in most states protects you in the vehicle in some states it protects you in your place of work you still get those castle doctrine benefits and you can still exercise self-defense however just because it’s not a crime to defend yourself and just because the law you know probably castle doctrine covers you in a lot of these situations it still doesn’t mean you can’t get fired it doesn’t trump the employment law it doesn’t trump your employer’s ability to discipline or fire you so i mean you can be cleared by the courts but you might still be walking out with a box of your stuff
General Information Only
The material presented is for general informational, educational, and entertainment purposes only and should not be construed to be formal legal advice or the formation of a lawyer-client relationship. You should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
All Rights Reserved
This material was produced in the United States of America. No part of this material may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews.