Supreme Court Applies 2nd Amendment to State and Local Gov’ts — Employers?

In McDonald v. City of Chicago, the U.S. Supreme Court has ruled in a 5-4 decision that the Second Amendment’s right to bear arms applies to state and local governments just as it does to the federal government. This ruling is hardly surprising in light of the Court’s decision two years ago in District of Columbia v. Heller, in which the Court found that the District of Columbia’s absolute ban on the possession of handguns (similar to what Chicago’s ordinance did) violated the Second Amendment.

What seemed to bother the Court’s majority most was the absolute ban on handguns. Now we know that such a ban is unconstitutional whether applied by the federal, state, or local government. The Court made clear, however, that its ruling in both Heller and McDonald applies only to a personal right to keep and bear arms (possess a handgun) in the home for self-defense. In both cases, the Court says that any government can reasonably restrict the possession of handguns in sensitive places like schools, as long as there is no absolute ban on handguns in the home.

While these cases aren’t employment law cases, there seems to be a decent chance that the Court would allow employers to ban guns from the workplace. The workplace isn’t a home, and an employer’s use of the policy to lesson the chances of workplace violence represents a safety-sensitive issue, thus making workplaces like schools.

Instead of enacting legislation to prohibit guns in these sensitive places, state legislatures are busy enacting legislation that goes in the opposite direction. These laws place employer gun policies very much up in the air. Perhaps another Supreme Court decision will be necessary. In the meantime, employers should review their gun policies with legal counsel in an effort to determine their current validity.

1. 

   Mary Duran says:

   July 2, 2010 at 6:01 pm

   I really do miss your daily blogs. I always read them, gain great advise, gives me something to really think about at times, is educational and I also love the humor. Hope you have more time to continue on a daily basis in the near future.

   Mary Duran
2. 

   John Phillips says:

   July 3, 2010 at 10:56 am

   Mary,

   Thanks for your comment. You’re very kind, and I appreciate your encouragement.

   I do plan on returning to blogging on a daily basis. I’m just not sure when. With encouragement like yours, it will probably be sooner, rather than later.

   Thanks again.

   John