County job; carry while on the clock?

Discussion in 'Places Off-Limits' started by AzB, Dec 8, 2016.

  1. AzB

    AzB Well-Known Member

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    I know private industry can have a policy that prohibits lawful carry by employees, or anyone else in their buildings. And they can back it up with termination.

    But can a Georgia county prohibit it's employees? I've looked over all the laws and have seen nothing that would prohibit a county employee from legally carrying on the job as long as they did not work in a prohibited place, like the courthouse.

    Any opinions?

    Az
     
  2. DonT

    DonT Deplorable bitter clinger.

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    My understanding has always been that any employer, public or private, may prohibit their employees from having firearms in the workplace. There is no state law that prevents employers from having internal rules of conduct that includes such a "no guns on premises" rule.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    AzB, while this is not exactly a criminal prohibition, I suggest you read and digest O.C.G.A. § 16-11-173(c) and then review the local political subdivision's policies before making any decisions on your conduct with respect to transportation, carrying, or possession of firearms as a public employee or volunteer while on the clock.
     
    Last edited: Dec 8, 2016
  4. AzB

    AzB Well-Known Member

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    That''s exactly what I was looking for, thanks!

    Az
     
  5. UtiPossidetis

    UtiPossidetis American

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    Ok so that one says they MAY, but if the county has no provision does that mean by default they have not and so carry is not prohibited?

    (c) (1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government, or by unpaid volunteers of such local unit of government, in the course of their employment or volunteer functions with such local unit of government; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law.
     
  6. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    If a county or city in Georgia doesn't have a rule or policy against armed employees, but fired an employee for having a gun, legally, then that employer (the City or County) probably violated the employee's DUE PROCESS OF LAW constitutional rights. A government job creates a "property interest" held by the employee, and the State (or any lesser subdivision of govt) cannot take it away on a whim for a made-up reason. (That's the substantive due process right).

    Nor can the govt take your property interests without Notice to you and an Opportunity to be Heard. You have a right to a hearing on the govt plan to deprive you of your income. (That's called procedural due process).
     
  7. AzB

    AzB Well-Known Member

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    Upon further investigation, I've found the county doesn't do drug testing unless it's entirely random, if there is a suspicion of drug use or in the case of a position that requires a CDL. This is because they are a government agency and can't bypass that pesky amendment about illegal search and seizure.

    So how do they get away with ignoring the 2nd amendment?

    Az
     
  8. Phil1979

    Phil1979 Member Georgia Carry

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    State law allows political subdivisions to ban their employees from carrying on the job - as was pointed out before, it's not a crime (unless in a state specified off-limits location), but you can be fired.

    It's an infringement just like requiring us to have a license to carry is an infringement.


     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Because no court has ever held you have a right to carry at work, over the objection of your employer, and no court is likely to hold that there is such a right. The legislature has also granted this power to local governments to exercise over their employees, carving out a special exception to the state preemption doctrine.