State Gun Legislation
As noted in an earlier post, the Georgia General Assembly recently enacted legislation relaxing regulations on where individuals can carry guns. Although the legislation is confusing, it could have an impact on workplace weapons policies in Georgia. As predicted after the recent U.S. Supreme Court ruling in Heller, it’s likely that an increasing number of state legislatures will consider legislation similar to that in Georgia and in other states.
Another thing that’s sure to happen is more litigation about what these state laws mean in light of Heller. A gun rights group in Georgia has filed suit claiming that the new Georgia law gives individuals the right to carry firearms in the Atlanta airport. If individuals can carry guns in airports, then they can surely bring them to work.
It’ll take a long time and two or three more Supreme Court decisions (in all likelihood) before we know, with a modicum of certainty, where individuals with permits can carry guns. In the meantime, employers should stay abreast of state legislation on this subject and obtain legal advice about what your workplace policies can say about guns in the workplace.
I did a recent post about the revival of Rodgers and Hammerstein’s South Pacific and the musical’s implications for employment law. Maybe it’s time for a revival of Irving Berlin’s Annie Get Your Gun. Just as South Pacific produced a number of memorable songs, so did Annie Get Your Gun, including “There’s No Business Like Show Business” and “You Can’t Get a Man with a Gun.” Given the Heller decision, passed and proposed state legislation, and the coming gun litigation, I’m sure I could draw some employment law lessons from Annie Get Your Gun.
Few people could shoot like Annie Oakley. Depending on what happens in the next several years, we may need to sharpen our own shooting skills or, at least, have a friend or co-worker like Annie nearby.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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Thought you would find this interesting: http://www.wesh.com/news/16812919/detail.html
Generally speaking you cannot legally carry a gun on Federal property, otherwise prohibiting carry is up to the state or the local jurisdiction. Many states have “preemption” mean that a local jurisdiction cannot pass local gun control ordinances.
This has nothing to do with Heller, but airports are not prohibited locations until you reach the security check point. I am surprised that you were unaware of this. If Airports were prohibited locations then how could you check your firearms as luggage?
I wonder why the Atlanta airport is fighting this lawsuit then. I’m not aware of a major airport in the country that doesn’t ban carrying concealed firearms in the airport–not just when you reach security check point. It’s true that hunters and other gun-bearing passengers check their firearms with their luggage. If they don’t check them but wonder around the airport with them, concealed or otherwise, they’ll probably have to catch a later flight, after their arraignment.
For the people on the pro-gun side of the argument, this is a very fundamental issue. They are asking us to voluntarily surrender one of our inalienable rights (for no real purpose in my opinion.)
Can a movie theater ban firearms? If so can it also say “whites only”? When is the line between the rights of the semi-public business and the rights of the customers?
If an employer wants to disarm his workforce that is very different from wanting to disarm his customers.
A movie theater can’t say “whites only.” It’s against the law. Movie theaters used to be able to do that. Movie theaters can say “no guns,” except in states that have enacted laws saying people with concealed weapons permits can bring their weapons into certain public places. Maybe one of these days, that’ll be the law everywhere.
Until the recent enactment of the state laws we’ve been talking about, there was no distinction between what an employer could do about guns with employees and what an employer could do about guns with customers. Usually, the law permitted an employer to ban guns on anyone’s person, customer or employee, by having a policy and posting a notice. This distinction has become a bit jumbled in light of these new laws. I’m sure the courts will sort it all out in the years to come.