Can I legally tell an employee who has a permit to carry a concealed weapon, that they cannot do so when working for me?

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Can I legally tell an employee who has a permit to carry a concealed weapon, that they cannot do so when working for me?

Employee is retired from law enforcement and has a legal permit to carry a concealed weapon. We go into clients’ homes on a daily basis and care for the clients’ animals. Employee has worked for me for a year. Can I now legally tell employee they cannot carry concealed weapon when working for me?

Asked on January 6, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should be able to do this, as long as you are not a government agency. The constitutional amendments, such as the 2nd amendment right to bear arms, apply against the government, not against private employers. A private employer may set the terms and conditions of its employment, so long as they are not specifically prohibited by law (such as the laws forbidding certain kinds of discrimination in employment). That means that you could make it a term or condition of employment that an employee not to be bring his weapon to work.  He can arm himself up to when he comes into work in the morning and rearm himself when he gets back out to his car.

To be 100% certain you can do this, check the carry laws in your state, to make sure that those laws have not specifically made it illegal to bar someone from carrying a gun at work. You should be able to call your local police or county sheriffy to get this information.


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