If my employer’s policy states that it’s a violation to carry any kind of weapon and I have a legal permit, what are my rights?

UPDATED: Apr 4, 2011

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If my employer’s policy states that it’s a violation to carry any kind of weapon and I have a legal permit, what are my rights?

I had a brief exchange with my manager. In short, I asked if it was legal for my employer to have such a policy and he said: “In synopsis, on “is it legal”: absolutely and there are decades of legal precedence behind that.” He stated: “[..]state laws do provide private and public places the ability to restrict carrying weapons on the premises. For example, schools and liquor stores typically prohibit carrying weapons on the premises;” It seems to me the analogy is very weak (we focus on computers). Not convinced, I don’t give up freedom of speech at the door, why do it with right to defense?

Asked on April 4, 2011 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

While this may seem wrong to you, it is legal.  The reason is that most employment relationships are what is known as "at will".  This means that basically your employer can hire/ fire you for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit; including the carrying of otherwise legal firearms.  In turn you can work for your employer or not, your choice.  The exceptions to this would be if there is a stated company policy to the contrary (clearly not), there is a union/employment agreement that governs, or this situation has arisen due to some type of workplace discrimination (that is for reasons of reasons of race, religion, age, disability, sex, national origin, etc).

Note:  In this day and age it is simply prudent for an employer to prohibit firearms in the workplace (for liability purposes alone).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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