Does working for the government give workers a free pass to carry a gun?

[spin]

Wednesday, 10 November 2010 15:48

Chances are, the identity of your garbage truck driver doesn’t always cross your mind. You probably give him a friendly smile if you happen to meet over the remnants of last night’s macaroni, but the odds on knowing his life story — or even his name — are pretty slim. He’s the guy who packs off your trash and carts your recycling away. But you may not know that, depending on where you live, he may also be packing heat.

***snip***

“If you have a concealed weapon permit, you can carry a concealed weapon with you to work for the town,” he said, voicing his considerable displeasure with the situation. “You can’t go down to Blue Ridge Paper and punch in with a pistol. It’s just a safety issue. It needs to stop. It needs to end.”

Matthews said he doesn’t know how many employees carry concealed weapons on the job, noting sagely that it would be hard to know as they are, in fact, concealed. But, he said, it’s never yet been a problem.

***snip***

If they’re looking for a standard in Western North Carolina, however, they’ll be a long time searching. A Smoky Mountain News check of other local governments found their policies range from long-held prohibitions to non-stances.


***snip***

What the law says

NCGS 14-409.40(e) A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.
http://www.smokymountainnews.com/index.php/news/item/2466-does-working-for-the-government-give-workers-a-free-pass-to-carry-a-gun?

[slackmaster]

1. Only if they wear some kind of uniform that doesn't include white shoes

[chibajoe]

2. Must be a slow news day if that's all they can come up with.

I mean, seriously, who cares?

[spin]

3. I would think that local governments have much more to worry about ...

than if a employee with a concealed carry license takes his firearm to work on his garbage truck.

I can't ever remember this being a problem before.

[one-eyed fat man]

4. Kentucky Revised Statutes

relevant portions quoted below:

527.020 Carrying concealed deadly weapon.

(2) Peace officers and certified court security officers, when necessary for their protection in the discharge of their official duties; United States mail carriers when actually engaged in their duties; and agents and messengers of express companies, when necessary for their protection in the discharge of their official duties, may carry concealed weapons on or about their person.

3) Policemen directly employed by state, county, city, or urban-county governments may carry concealed deadly weapons on or about their person at all times within the Commonwealth of Kentucky, when expressly authorized to do so by the government employing the officer.

(5) (a) The following persons, if they hold a license to carry a concealed deadly weapon pursuant to KRS 237.110, may carry a firearm or other concealed deadly weapon on or about their persons at all times and at all locations within the Commonwealth of Kentucky, without any limitation other than as provided in this subsection:
1. A Commonwealth's attorney or assistant Commonwealth's attorney;
2. A county attorney or assistant county attorney;
3. A justice or judge of the Court of Justice; and
4. A retired or senior status justice or judge of the Court of Justice.

[Euromutt]

5. Man, there's some lame analogies being drawn in that article

“I think that’s a difficult question,” said Cottrol. “But if you follow what is the course in other areas — for example, if you are an employee and you’re driving a company vehicle and you get into an accident, obviously the company might be sued.”

Could that line of reasoning also apply to local governments in cases of firearm harm or misuse, even if the person isn’t given the weapon by the government or told they should use it? According to Cottrol, the answer is maybe.

“The person is not necessarily carrying as part of his particular duties,” said Cottrol. “But nonetheless, the employee was in a particular place with the permission to be armed.”

As Cottrol rightly notes, the difference is that in the first scenario, you're driving a company vehicle as part of your job, whereas in the second you're carrying a privately owned firearm for personal protection.

Let's say you listen to music on your privately owned mp3 player while on the job, and you have a number of mp3s on there you acquired without paying for (e.g. from a friend who ripped them from a CD he owns, but you don't). Can the RIAA hold your employer liable on the basis that the regulations don't explicitly forbid you from using a privately owned mp3 player, and don't explicitly prohibit you from keeping "pirated" music on it while working? Well, okay, knowing the RIAA, it's by no means impossible they'd try, but I think we can all agree it would be ridiculous of them.

And, conversely, if you get assaulted while performing your job, but not in connection with your job, is your employer liable for placing you in a situation in which you might be assaulted? And, more importantly, is your employer liable for damages that would have been preventable had you had a firearm with which to defend yourself?

[PavePusher]

6. The most troubling aspect of this...

is the fear, by the government agents, our public servents, of those they serve and employ.

What are they doing so wrong, that they should so fear the people? Hmmm......

[Euromutt]

7. That headline is really, REALLY incorrect, by the way

Because the article's not about government workers getting a "free pass" to carry a concealed firearm, it's about government workers who have gone to the trouble and expense of getting a CCW permit being allowed (or at least, not prohibited) from carrying on the job.