Can a Municipality Prohibit Its Employees from Carrying at Work?

**gnbrotz** · March 21st, 2012, 05:53 PM

Originally Posted by ByblosHex

You're saying that they can't regulate ownership or possession as a term of employment? Since that would be in 'any manner'.

Yes. "Any manner" seems pretty inclusive to me. I'm not sure a court would necessarily agree, but I am unaware of any case law that is contrary to my assertion, so at worst, it seems "unsettled".

**ByblosHex** · March 21st, 2012, 05:55 PM

Originally Posted by gnbrotz

Yes. "Any manner" seems pretty inclusive to me. I'm not sure a court would necessarily agree, but I am unaware of any case law that is contrary to my assertion, so at worst, it seems "unsettled".

Maybe one of us should get a job with a local municipality and OC on the job.

**tl_3237** · March 21st, 2012, 06:34 PM

I focus more on the term 'regulate' which, to me, means the power to legislate rules having the force of law.

All 6120 case law that I can find always dealt with the powers of municipalities and like sub-state government entities to enact ordinances being constrained by the preemption.

As such an employment contract is a bilateral agreement and not a legislated rule (regulation).

**ByblosHex** · March 21st, 2012, 06:36 PM

Originally Posted by tl_3237

I focus more on the term 'regulate' which, to me, means the power to legislate rules having the force of law.

All 6120 case law that I can find always dealt with the powers of municipalities and like sub-state government entities to enact ordinances being constrained by the preemption.

As such an employment contract is a bilateral agreement and not a legislated rule (regulation).

That's what I thought as well.

**ungawa** · March 21st, 2012, 07:54 PM

Originally Posted by tl_3237

I focus more on the term 'regulate' which, to me, means the power to legislate rules having the force of law.

I don't know what 'regulate' means in leagaleze but I do know that most 'regulations' are not legislated.

**Greywolf** · March 22nd, 2012, 12:36 AM

Originally Posted by ungawa

I don't know what 'regulate' means in leagaleze but I do know that most 'regulations' are not legislated.

Not directly, but they are adopted pursuant to some enabling legislation, which means they have the force of law. Motor vehicle regulations are as good an example as any.

Terms of employment are not regulations, they are terms of a contractual relationship between two entities -- the employer and the employee. If the employee doesn't like the terms, he/she is at liberty to vote with his/her feet and quit.

Which is exactly what I did when I took an evening job at a barnes & Noble book store. They gave me the personnel manual on my first day of work and told me to take it home, read it, and sign it. I read it -- and it said no firearms allowed (for employees, they don't ban customers) on company property. And they had me working the closing shift, in a store that stayed open an hour later than anything else in the shopping center and was well-known to have a problem with muggings. On my second day I asked the manager if that meant I couldn't even keep a handgun in my locker to get me from the store to my car at 11:00 p,m. and she said that's what it meant -- NO gun. Period.

So on the third day I handed her my resignation, and that Friday was my last day.