Private Property and Concealed Carry

by Jon K. Walser
jon.walser@usa.net

There was an incident in the news recently, where AOL fired three employees in Utah, because they had firearms in their cars, contrary to AOL policy. I also remember some discussions about businesses that post their buildings, prohibiting firearm carry. The tenor of the discussion has been that businesses have the right to prohibit the carrying of firearms on their property but that it is pretty stupid to do so. While I am a strong supporter of private property rights, I am not so sanguine that this is one of them. 

There are two questions that I wish to explore:

1. Does my employer have the right to restrict my right to keep and bear arms as a condition of my employment? and 

2. Does any business have to right to restrict concealed carry on their premises, as an exercise of their private property rights?

I don't have any definitive answers, and I am certainly not in a position to speak to legal issues, but I have asked myself some other questions that seem pertinent to the discussion. 

How much tolerance would be given to an employer, who's employee handbook that contained any of the following restriction:

Jewelry and clothing that makes a religious or political statement or pertains to a religious or political identity are not allowed on the premises.

OK, as a condition of employment, Jews, Mormons, Sikhs, Protestants, Catholics, Amish, Moslems and Hindus must violate personal religious convictions to continue to work there. Would Republicans be prevented from wearing a blue suit and a red tie, or Democrats be prohibited Birkenstocks? Many arguments could be made by the business about removing divisive symbols and influences and such, but would we, as a society tolerate it? Should we?

A convenience store, that was fearful that someone could conceal a weapon in a Sikh turban, or under the robes of an observant Moslem woman would not be allowed to prohibit such wear.

Most would support an employer's right to limit personal speech in the workplace in order to get the job done, but would be less supportive of an employer that (as a matter of policy) allows Republican, but prohibits Democratic speech. Nor would we tolerate a store that proclaimed a ban on political buttons. Would we consider it within an employer's rights to prohibit an employee from having a Bible, or 'Atlas Shrugged' in their car? 

Some would argue that an employer or business owner should be able to restrict guns because of safety issues, but the evidence does not support that position. Employee and customer safety is a responsibility of the businesses in question, but we do not accept the illusion of safety in the workplace as better than the real thing. A fire extinguisher that hangs in the grocery store could frighten someone by reminding them of the real possibility of a fire, but we don't remove it! In fact, we (as a society) require it, regardless of some foolish, or emotionally unstable person's fears. Why do we accept less in regards to firearms?