Weapons on Campuses--Some New Thoughts

divemedic

New member
they should recognize that they will legally shoulder a higher burdern of responsibility for the safety of visitors.

Except they do not, claiming "third party intervention."

then a company that bans tobacco products for a "smoke free environment" may fire an employee who's spouse keeps spare cigarettes in the car or the employee who smokes in his car when off the property.

It gets worse. There is a company in my area that fires people for smoking in their own homes, or anywhere else, for that matter. All of you private property advocates can explain to me how that can not be extended to a policy of firing gun owners, or even by requiring your employees to bring in an absentee ballot with a vote for a certain political candidate in order to keep your job.
 
Your right of self-defense is not negated by prohibitions against carrying a firearm on the property.

I think it is if I can't carry. If you are saying I can still defend myself with my bare hands against a BG with a firearm and thus my right to self defense is not negated I say that is non sequitur. The exception of course is Chuck Norris.:rolleyes:

While a business or property owner can prohibit legally carried firearms, they should recognize that they will legally shoulder a higher burdern of responsibility for the safety of visitors.

The problem is that the law does not recognize that principle. IIRC, unless the company has prior knowledge of a known threat (meaning a specific person) then they will withstand a lawsuit and still prohibit you from carry. That is immoral. They have the authority to disarm you but are not responsible for your safety and claim that you "waive" the right to SD by enjoying entry on their property. Again, IMO immoral.
 

JuanCarlos

New member
It gets worse. There is a company in my area that fires people for smoking in their own homes, or anywhere else, for that matter. All of you private property advocates can explain to me how that can not be extended to a policy of firing gun owners, or even by requiring your employees to bring in an absentee ballot with a vote for a certain political candidate in order to keep your job.

Well the last has been made explicitly illegal, no? As for firing gun owners, that's an enumerated Constitutional right, so I'd like to think that they'd have to show some way in which it affects their company to get away with that...well, that or act like they're firing for no reason at all, right-to-work and all.

The reason they can get away with firing smokers is because it has an actual monetary impact on their business, though their health insurance costs. I don't agree with the policy, but at the same time I can see how a reasonable person might. Well, a mostly reasonable person.
 

raimius

New member
BillCA said:
Your right of self-defense is not negated by prohibitions against carrying a firearm on the property. Arguing such is akin to claiming restraint of trade because you can't drive 100mph to work every day. You still have a right to self-defense and may defend yourself, even though it may be more difficult.

That's the type of argument I was referencing earlier. If you wound up in a legal/political argument, and this came up, you'd probably be sunk. In arguing for our rights, and RKBA is one, we should use the most airtight arguments we can muster.
Now, as a secondary argument, the suitability of firearms for SD is a quite compelling reason for RKBA, in my opinion.
 

BillCA

New member
Before some of you guys start thinking of me in conjuction with rope + tree :eek: let me remind you I was replying to Antipitas who asked:
So, to get back on track: By what grant of power or authority does Government or property owners divest any person of their preeminent right?

Your preeminent right is self-defense. Except within some very narrow circumstances, you always have that right.

Your right to self-defense is preeminent.
Not self-defense with a firearm.
Not self-defense with an edged weapon.
Not self-defense with chemical agents.

This distinction is important. While you retain the right to self-defense, it does not automatically equate to the right to always carry weapons. If you must defend yourself against a potentially lethal attack then the use of any tool(s) you can obtain is generally permissible. Historically, weapons are barred in courtrooms, voting places, jails & prisons, military reservations and secure government facilities. You still have your right to self-defense, simply with limited means.

divemedic said:
It gets worse. There is a company in my area that fires people for smoking in their own homes, or anywhere else, for that matter. All of you private property advocates can explain to me how that can not be extended to a policy of firing gun owners, or even by requiring your employees to bring in an absentee ballot with a vote for a certain political candidate in order to keep your job.
It is amazing some of the things some businesses required of their employees in the past and even today. Henry Ford once required his workers to live in his company Fordtown. Facial hair was prohibited, families were required to attend church weekly, no alcohol was allowed and certainly no firearms.

Today the 'evil sin' is smoking tobacco. Tomorrow it will be people who are not height/weight proprotionate (it's already started). After that, it will be people with a history of any recurring illness. However, forcing employees to vote for specific candidates has already been quashed. The right to possess firearms as a civil right should prevent employers from requiring people not own firearms.

Tennessee Gentleman said:
The problem is that the law does not recognize that principle [a higher burden where arms are forbidden]. IIRC, unless the company has prior knowledge of a known threat (meaning a specific person) then they will withstand a lawsuit and still prohibit you from carry. That is immoral. They have the authority to disarm you but are not responsible for your safety and claim that you "waive" the right to SD by enjoying entry on their property. Again, IMO immoral.

I don't believe that is true. It certainly isn't true for businesses that do not have a "walk-in trade" - such as corporate offices. After several incidents of workplace violence, legal arguments brought up the prohibition of "weapons" in the workplace, including even small jack-knives in some cases and the subsequent lack of security in the offices, regardless of known threats.

The result was that businesses not "open to the public" can be held liable for workplace injuries if unauthorized persons can easily gain access to the buildings. This forced many businesses to spend thousands of dollars on access control. To wit:
- Installing card-key locks on all exterior doors
- Fencing and/or gating outdoor break/lunch areas and adding card-key access
- Issuing cards with photographs and/or colored badges.
- Requiring constant display of access card/badges
- Securing elevator and stairwell access on every floor.
- Prohibiting employees from "piggybacking" inside on another employee's card.
- Maintaining security in shipping/receiving dock areas.
- Prohibiting of propping doors open in non-secured areas, such as trash disposal.

I once had an employer who's employee handbook was written from some kind of lawyer-ese boilerplate and then modified for the company. One of the more poorly written rules was about weapons. It read "Employees are forbidden to possess drugs, firearms and other weapons in any facility during working hours." I asked specifically how that would work in a tele-commuting situation or if it applied to an employee staying in a hotel during a business trip. That started some fun discussions with the V.P. of HR claiming it applied regardless of location and several of us telling her to pound sand.

Certain businesses are "high risk". Liquor stores, check-cashing, 7-11 or convenience stores, certain restaurants, etc. Yet these businesses will prohibit cashier employees from being armed on the basis of corporate liability, danger to coworkers and the public for accidents and other claims. Yet, those same companies are NOT required to disclose to potential employees the number of violent crimes that have occurred nor how many times they've been robbed. That, to me, is patently wrong.

This is verbose, I'll get back on topic with campus firearms in the next post.
 

BillCA

New member
One comment I have not seen WRT guns on campus pertains partially to dorm life and the attitudes of some college-age students.

Presuming a college student who can legally possess a handgun and who has his CCW, I think most would understand that it would be all too easy to have their CCW revoked for being drunk or engaging in stupid horseplay.

But not so those "other" students, especially many of those who enjoy attempting to belittle others or perhaps have little respect for others.

An example was a classmate in college. Dan was about 24 y/o, only about 5'7" and walked with a limp. During a dorm party that spilled into his room, some jock dork pawed through Dan's desk and found a box. When Dan arrived this 6'2" donkey had pinned Dan's medals to his crotch and was shouting "Whooee! I'm a war heeero! Kiss my medals girls!" The medals were a purple heart and a silver star. Dan demanded them back and was asked how many babies he killed to get the medals.[1] ... one can imagine a similar scene where a handgun is found instead of service medals. :eek:

I know most campuses prohibit alcohol in dorms and frat houses, yet it seems the policing of these rules is very lax. Somehow the presence of an empty shell casing can trigger a warrantless search of several dorm rooms, yet the presence of multiple Jose Cuervo shot glasses or t-shirts does not. I guess this is because administrators consider getting sloppy drunk part of the "college experience".

[1]Dan did get his medals back. He was challeged to take them, so he broke both the jock's collarbones. On his way out he stepped on the jerk's crotch for good measure. Dan's silver star came from being a Vietnam POW for two years as part of the USMC's Force Recon.
 

divemedic

New member
Actually, employees are fired for legal activities, political beliefs, and for how they vote all the time. Here are a few examples:

http://www.workrights.org/issue_lifestyle/ldlegaltimes.pdf

We are far past any notion that only the wealthy can vote, and political candidates of all parties agree that Americans should be able to participate in politics without regard to their economic status.
Employer coercion through politically based terminations threatens this civic ideal. Individuals may have the First Amendment right to express political support or opposition, but if such activities cost them their jobs, then employers will have undermined these political rights and hampered the workings of democracy.


A Buzzards Bay man has sued The Scotts Co. , the lawn care giant, for firing him after a drug test showed nicotine in his urine, indicating that he had violated a company policy forbidding employees to smoke on or off the job.

As it happens I have fired workers for smoking cigarettes and I certainly will not hire anyone who smokes, not just on the job but at all. In the same manner I certainly will not hire anyone who voted for Obama.

I worked for a Mormon-owned CPA firm... I was fired from my job after admitting that I had voted NO on prop 102...The former employee has contacted several attorneys, but no one will take the case because Arizona is a right-to-work and hire-at-will state.
 
Top