Employment Question Castle Doctrine

[bob2055]

A provision in the Castle Doctrine legislation states the following:

Nothing in this section shall be construed to [permit]:

(1) Permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise permitted by 34 Pa.C.S. (relating to game).

(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.

I am an employee of a Commonwealth agency. Current policy states no weapons or firearms allowed on the property or on one's person.

My question pertains to number 2. If this Castle Doctrine legislation were to become law could I then carry a firearm at work? Or have firearms stored in the trunk of my car in the employee parking lot? Would provision number 2 strike down the current policy?

[bob2055]

WOW, it's been 3 hours and 94 views and no one has posted their opinion on this matter. I must have stumped everyone on this one. I guess I will need to consult with the legal department of my agency for this one. In my humble opinion, I don't see how they can continue this policy if this legislation becomes law. After all the legislation doesn't mention anything concerning employees of an agency of the Commonwealth of Pennsylvania. It only states: "Nothing in this section shall be construed to [permit]:

(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title."

I believe the intent is to prevent Parks Department and other departments to regulate firearm possession and/or carrying of firearms by patrons of parks and so forth. However, it doesn't state that specifically. In my opinion the letter of the law supersedes the intent.

[Curmudgeon]

Do you have a contract? If not, isn't PA an "at will" state? Meaning they can end your employment for any reason? Or no reason?

Citizens have rights that are protected from infringement from their governments. Employees do not enjoy the same protections from their employers, that would be a civil issue, not a criminal issue.

IANAL, but I think you are looking in the wrong place for relief.

Just my .02.

[bob2055]

Do you have a contract? If not, isn't PA an "at will" state? Meaning they can end your employment for any reason? Or no reason?

Citizens have rights that are protected from infringement from their governments. Employees do not enjoy the same protections from their employers, that would be a civil issue, not a criminal issue.

IANAL, but I think you are looking in the wrong place for relief.

Just my .02.

Absolutely have a union contract. Cannot be terminated except for certain enumerated offenses listed in the contract. Things like theft, falsifying documents, ect. I'm not looking for relief. I'm looking for clarification. You are correct PA is an "at-will" employment state.

[Curmudgeon]

Absolutely have a union contract. Cannot be terminated except for certain enumerated offenses listed in the contract. Things like theft, falsifying documents, ect. I'm not looking for relief. I'm looking for clarification.

What I meant by "relief" was relief from the restrictions against carry/possession as an employee. But I'm really guessing at this, and I'm still thinking this could be an interesting discussion.

[pyld]

WOW, it's been 3 hours and 94 views and no one has posted their opinion on this matter.

I think we have one, maybe two people on PAFOA who can legitimately claim a license to practice law in the Commonwealth and a reasonable amount of expertise in firearms law.

Myself? I'd ask one of them your question before taking any action as a result of your reading of the law. It's also perhaps why others have not chimed in.

[Kodiak]

My question pertains to number 2. If this Castle Doctrine legislation were to become law could I then carry a firearm at work? Or have firearms stored in the trunk of my car in the employee parking lot? Would provision number 2 strike down the current policy?

FWIW I enjoy my cushy desk job....and we have armed guards here....so im not going to buck the system and try to carry at work.

[bob2055]

Let me say this. I didn't mean, the day this legislation goes into effect I was going to go work armed and stir up a bunch of shit. I was just looking for your opinions on what you think it means, that's all.

[crlovel]

IANAL, but I would guess no, Castle Doctrine does not (nor should it) trump the policy of employers or private property rights.

[ryan92084]

IANAL, but I would guess no, Castle Doctrine does not (nor should it) trump the policy of employers or private property rights.

i believe he is asking precisely because it isn't private property but a "commonwealth agency". I imagine it'd be up to the judges preference of following the spirit vs letter of the law.