Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question on County or Municipal Employee Carry Rights

    I am aware that in PA private employers may restrict the rights of employees to carry while working.

    However can public employers such as towns and counties pass the same restriction?

    " 6120. Limitation on the regulation of firearms and ammunition.

    (a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership,possession, transfer or transportation of firearms, ammunition or ammunition componentswhen carried or transported for purposes not prohibited by the laws of this Commonwealth."

    Would "in any manner" include employment policies? It seems that in an area where anyone may carry into a township building, that the town shouldn't be able to restrict employees from doing so. I searched but could not find any caselaw regarding this.

    Does anyone know of any case law regarding this matter?
    Last edited by Shooter Patriot; February 11th, 2019 at 04:55 PM.

  2. #2
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    Default Re: Question on County or Municipal Employee Carry Rights

    That is an interesting question, I look forward to hearing the answer(s).
    Sorry but I'm all out of pity right now, please try later.

  3. #3
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    Default Re: Question on County or Municipal Employee Carry Rights

    As an employer as a condition of employment, yes.

    I don't know of any case law, but that would easily pass all the way up to the PA Supreme Court.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot.

  4. #4
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    Default Re: Question on County or Municipal Employee Carry Rights

    I agree ^^^

    The government entity could not tell you that you could not own, possess, transfer, etc. any firearms as a general rule, but as a matter of being employed by that entity, they can say that you cannot carry on the property. That said, I don't know about having a firearm locked in your vehicle while parked where you work, especially if it is a public parking area (allowing the public to go into the building, etc. to conduct business with the gov't entity).
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  5. #5
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    Default Re: Question on County or Municipal Employee Carry Rights

    I still don’t follow how such a prohibition on the possession and carrying of firearms is not a regulation, as the law says, “of the lawful ownership, possession... or transportation of firearms... when carried or transported for purposes not prohibited by the laws of this Commonwealth.”

    I am a bit concerned that our accepting the logic that certain outright prohibitions by municipalities, of otherwise lawful conduct in this state, involving the possession and carrying of firearms somehow do not amount to regulation could open up a big Pandora’s box and swallow up the whole preemption statute. An argument related to this had been discussed a lot on this forum in the wake of a footnote in the court opinion for the Dillon vs City of Erie case. The footnote discussed the applicability of another state statute governing municipalities, parks, and the so-called property rights of municipalities.
    Last edited by Mosinshooter762; February 11th, 2019 at 09:27 PM.

  6. #6
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    Default Re: Question on County or Municipal Employee Carry Rights

    With Johnny Doc's brother on the Supreme court and all the other leftists that got elected because gun owners don't care enough to show up when it's time to vote it doesn't matter what the law says it only matters what the PA Supreme says it says. Remember the "registration is not registration" ruling?
    The Communist Manifesto is now the Constitution of the democrat party

  7. #7
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    Default Re: Question on County or Municipal Employee Carry Rights

    I share your lack of trust in the current Pennsylvania Supreme Court. This brings to mind what GunLawyer001 always points out about chosing gun rights battles wisely.

    With that said, there is over 40 years of Pennsylvania court precedent broadly construing this statute. Subsequent legislative amendments have implicitly incorporated such precedents. The legislature has also expanded the langauge to prevent municipalities from further encroachment into this area of the law. The one exception to this trend is the smack down of Act 192 for violating the single subject rule by the state Supreme Court. Though, the core of preemption remains intact.

    I agree that it is probably not a good time to challenge these type of restrictions. Hopefully, the future brings forth another opportunity to advance preemption precedent in the courts. What the OP writes about is an area ripe for challenge when the courts become friendlier again to such arguments.
    Last edited by Mosinshooter762; February 11th, 2019 at 09:59 PM.

  8. #8
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    Default Re: Question on County or Municipal Employee Carry Rights

    This should be bumped up after what happened in Virginia Beach. My understanding is that the killings occurred in a place where municipal employees were prohibited from carrying for defense. Though uncommon, it seems a mass shooting spree can happen anywhere, at anytime, for any reason. This is why it is important to defend the right of all to carry for such defense. This is what firearm preemption does in most cases. Municipal employees should not be excluded from such protection as was the case in Virginia Beach.

  9. #9
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    Default Re: Question on County or Municipal Employee Carry Rights

    As already stated, it would be a condition of your employment. If you don't like the condition of not being able to carry, then they will tell you to find a different job.

    Could you fight it? Good luck.

  10. #10
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    Default Re: Question on County or Municipal Employee Carry Rights

    If the employees, in mass, complain they fear for their safety due to the increasing shootings. The Municipal can relieve their fear by hiring an armed guard. Thereby no need for employees to carry at work.

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