There is a notable cycle in this country. Whenever there is a sensational shooting, soon after people rush to the gunshops and buy more weapons. There is a logic to it, that being they are concerned there will be a crackdown on gun purchases, so they tend to stock up.
There is another notable item that is pervasive in the news. That is where different states are allowing employees to bring weapons to the workplace. Among other aspects of the news laws, there is the belief that with a weapon in tow too and from work an employee can defend himself against an unforeseeable attack.
Main recently passed such a law with the legal admonition that the employee must leave his weapon in his vehicle. He cannot bring it to the job, keep it in his desk, or wave it around the water cooler. He cannot practice target shooting in his cubicle. All good to know.
Of course, I wonder what happens when there is a beef on the job, some level of workplace violence or continued incidents of bullying or just an argument that gets out of hand. Words turn to violence and one of the two contestants is upset enough to go get his gun. So far, as far as I know, the new law hasn’t enabled anyone from utilizing the convenience of the short walk from his office to his car in order to render his unique form of frontier justice. But what if…?
In an article in the Maine Public Broadcasting Network, written by Tom Porter, Attorney Meg LaPage is interviewed and addresses a variety of issues concerning this new law. Here is part of what she says…”
Meg LePage: Right there are two different statutes that were passed, and basically the statutes forbid employers from prohibiting employees from bringing guns to work, as long as they remain in the employee’s vehicle and the vehicle’s locked, and as long as the employee has a permit to carry a concealed weapon.
Tom Porter: If anything happens and the gun in that car is used in a crime that leads to an injury or a death, is the employer immune from prosecution?
Meg LePage: The statute does provide some immunity if there is an event involving a gun that was brought in compliance with the statute. That immunity, though, wouldn’t apply–arguably at least–if somebody who bought the gun did not have a permit, or left it in a vehicle that wasn’t locked, or that was visible. It also wouldn’t exempt the employer from workers’ compensation.
Tom Porter: So there’s no real mechanism to enforce this law, and if the employee does not follow it, does not conceal a weapon or have a permit or lock it in the car, it could be the employer who finds himself liable.
Meg LePage: It could. That’s right.
Tom Porter: So that’s presumably a concern to employers?
Meg LePage: Yes, and that puts in the employer in the position of trying to decide whether they’re going to require employees to register their guns, if they’re going to carry one in their vehicle, and show proof that they have a concealed weapons permit, because if they don’t do that, and there is an incident, they may not be able to take advantage of the immunity.”
Some time ago when Texas passed its version of this law, I wrote an article with a tad of smart-alecking about how the dangers of an employee being assaulted between the Starbuck’s drive-in line and the freeway on the way to the office were pretty minimal. Naturally, I received my share of responses, with commentators citing how they were indeed confronted with a potentially life threatening situation,or that they knew of someone who was threatened, or they knew someone who knew of someone…and so on down the line.
So passions are hot over this kind of thing. As one who more or less agrees that the Second Amendment accords gun ownership rights to individuals, I don’t have a beef with the law, in general. I am concerned that heated arguments with easy access to weapons could lead to escalation and someone getting shot. Maybe. Maybe not. I would also be concerned that employers face some extravagant liability with weapons onsite or out in the parking lot, registered or not. Perhaps one of the newer background checks will entail checking for a weapons permit. Hard to say. But we shall see.
