Saturday, April 19, 2008

Firing Employee for Lawfully Carrying a Gun When on Company Business.

Eugene Volokh has the scoop:

The plaintiff pleads in count one that his termination from Concentra for carrying a lawfully concealed firearm to work in the absence of a clearly established company policy to the contrary violates the fundamental right to possess firearms for self-defense enshrined in article I, § 15, of the constitution of Connecticut. [“Every citizen has a right to bear arms in defense of himself and the state.”]

Ergo, the plaintiff has alleged that his termination violated an explicit constitutional provision, which safeguards an individual's limited right to bear arms in self-defense. Furthermore, while our Supreme Court has not fully elucidated the contours of the right guaranteed by this constitutional provision, it has recognized “that the constitution protects each citizen's right to possess a weapon of reasonably sufficient firepower to be effective for self defense.” Indeed, the court has explained that this limited right “would be illusory ... if it could be abrogated entirely on the basis of a mere rational reason for restricting legislation,” citing Lakewood v. Pillow, 180 Colo. 20, 23, 501 P.2d 744 (1972) (statute prohibiting possession of firearm in vehicle or place of business for self-defense invalid); In re Brickey, 8 Idaho 597, 599, 70 P. 609 (1902) (statute prohibiting carrying of deadly weapon in any form in cities or towns invalid). Accordingly, the plaintiff has explicitly referenced a right that is articulated in a specific provision of the constitution of Connecticut, and which has been judicially recognized by our courts as embodying a public policy that is not easily abrogated.

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