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Rights, rights, and rights (Guns at the workplace)
Freedom Sight ^ | December 11, 2004 | Jed S. Baer

Posted on 12/16/2004 6:17:56 AM PST by Luis Gonzalez

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To: dirtboy
Corporations only have those "rights" (actually privileges) granted by law. They are not people. They have privileges that people do not have. The states can set whatever regulations they desire for *corporations* operating in their jurisdiction. Privately owned, non corporate, businesses are another thing entirely. They, or more properly their owners, do have true rights.
81 posted on 12/16/2004 8:43:32 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: PaRebel
he Constitution does not "give" anyone any rights. It, at best, enumerates certain rights we are endowed with, that is, unalienable rights, as in "endowed by our Creator with certain unalienable rights...".

Almost, it declares that the government is not to violate those rights. Interactions between the rights of different individuals are matters for the governments, including the legislative and judicial branches, to sort out. But again, corporations, which are creations of governments, have no rights, only privileges, some of which parallel the rights of individuals. Corporations are granted those privileges by governments.

82 posted on 12/16/2004 8:53:14 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: dirtboy
You are no better than liberals who tell a man what he can't do with his own property. And property is a fundamental right.

The problem in this situation is that the employer is effectively prohibiting you from not being armed on their property, but also while going to and from their property. Your argument would hold more water is the employer who wanted to ban arms in vehicles would be required to provide storage for those arms, presumably somewhere near the property entrance.

My employer change the wording of their "no guns" policy so that it implicitly allows for storage of guns in the private vehicles of employees. They did this by banning carry and storage in buildings and carry on ones person on company property. Unfortunately I don't work on their propery any longer, but rather on US Government property, Army property no less. The Army is particularly anal about guns on their property, even by those of soldiers, let alone a low life contractor type. Violation of their rules is not only a firing offense, it's a federal criminal one. :(

83 posted on 12/16/2004 9:15:10 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: jimthewiz
You are ignoring the fact that in order to determine that there is a firearm in the vehicle requires a search,

Ah ... so if you can keep a weapon concealed and the company doesn't know about it, it should be OK, even though their policy says otherwise. I guess if I trespass on someone's land and they don't catch me, that's OK too.

84 posted on 12/17/2004 4:33:51 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: jonestown
Sorry, but no one in the USA has the 'right' to infringe on my RKBA's, -- locked in my private vehicle at work, -- as a condition of employment.

In the states in question, no one is stopping you from driving down the highway with a gun in your car. But you are not forced to work at a given company, nor are you forced to shop at a certain store. If you don't like the rules at a private institution, don't work there or don't shop there.

You are free to take you business elsewhere if you disagree with our system of individual rights. Mexico is popular I've heard.

Mexico has very little respect for private property rights. You'd fit right in there.

It's also a poverty-stricken craphole - for the exact same reason.

85 posted on 12/17/2004 4:36:22 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: El Gato
They, or more properly their owners, do have true rights.

Let's say the business in question is a sole proprietorship to remove that argument from the equation.

86 posted on 12/17/2004 4:37:27 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: Luis Gonzalez
You have no right to enter my property uninvited at all

For the love of God, that's not what I was saying at all. Are you always this combative? Do you read what people post before you freak?

What I wrote was...Of course, that's if your property in question is a business, etc.

Maybe it's me, but I don't recall EVER being invited to Wal Mart, the grocery store, or any public business at all. Yet, you say That remains true whether the property in question is my residence, the grounds around my residence, an empty lot I own, a business that I own and operate, or a business that I run for others..

You operate a business by invite only, you're doomed.

You don't want to protect yourself, fine..don't. That is your decision. I choose otherwise and I really could care less what YOU think.

87 posted on 12/17/2004 4:54:56 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: jimthewiz
I have not been able to find anywhere in the Constitution or it's amendments that specifies property rights

Try that passage about government not being able to take property without due process or compensation. Limiting what a property owner can do with his property is construed by many conservatives as a form of taking - such as government telling a property owner that they cannot limit the terms for use of their property.

88 posted on 12/17/2004 4:55:06 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: Puppage
You operate a business by invite only, you're doomed.

Businesses have many rules regarding patronage. Malls don't allow distribution of leaflets, for example - a 1st Amendment activity on public property.

If a business posts a sign that they don't allow guns on the premises, don't patronize them. I would be prone to not patronize them myself and tell them why. But in the end it's their decision.

89 posted on 12/17/2004 5:04:37 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: dirtboy
Businesses have many rules regarding patronage

True, but I was comemnting on louie's "...come into my business uninvited...." statement. Let's stick to the facts.

If a business posts a sign that they don't allow guns on the premises, don't patronize them

And, I don't. However, those businesses are few & far between in CT.

90 posted on 12/17/2004 5:10:12 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: Luis Gonzalez

Where does the employers rights end? Can he demand that you submit to cavity searches, strip searches, Sexual intercourse?????
I would think that your parked car would be private property and that he could not require you give you give up your rights. If they brought in a drug sniffing dog and it alerted authorities to a particular car. Would the authority to search without consent be due to law enforcement activities or the employer's property rights?
I find it hard to believe that liberal judges are willing to support the rights of terrorists to kill us but you don't support the right to self defense.


91 posted on 12/17/2004 5:21:27 AM PST by BOBWADE
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To: dirtboy

There was a state supreme court decision a couple years back that basically said that the plaintiff had the right to free speech but not the right to be a police officer. They upheld his discharge on the basis that he violated policy by expressing political views on the job.


92 posted on 12/17/2004 5:24:12 AM PST by BOBWADE
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To: BOBWADE
There was a state supreme court decision a couple years back that basically said that the plaintiff had the right to free speech but not the right to be a police officer. They upheld his discharge on the basis that he violated policy by expressing political views on the job.

Don't get me wrong, I thing businesses that ban concealed carry by customers or employees are stupid. But it's their property, and people are free to shop somewhere else or work somewhere else.

93 posted on 12/17/2004 5:28:07 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: dirtboy; everyone
, dirtboy wrote:

Limiting what a property owner can do with his property is construed by many conservatives as a form of taking - such as government telling a property owner that they cannot limit the terms for use of their property





Efforts by employers at limiting what a gun owning employee can do with his private property is construed by many conservatives as an infringement.
- Much the same as government telling a property owner that they must limit the use of their property.

The authoritarians here are insisting that parking lot property rights are more important than employee gun owning rights.
Not so. Our rights to self defense, to keep & bear arms, are paramount.
We must have arms to defend ALL of our rights to life, liberty and property.
94 posted on 12/17/2004 5:29:00 AM PST by jonestown ( JONESTOWN, TX http://www.tsha.utexas.edu)
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To: jonestown
Not so. Our rights to self defense, to keep & bear arms, are paramount. We must have arms to defend ALL of our rights to life, liberty and property.

I don't recall language in the Bill of Rights that says certain amendments and the rights enumerated by such are superior to others. Perhaps you can point that out to me.

95 posted on 12/17/2004 6:06:06 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: jonestown

The particularly nasty thing about parking lot prohibitions is that they effectively prohibit subject employees from exercising their RKBA rights far beyond the parking lots in question. Two very substantial reasons for concealed carry in a vehicle are defense against car jackings and being prepared to deal with a burglar or home invader if, God forbid, you run into one on returning home from work. A few years ago, near where I live, a couple was murdered by a burglar they ran into on returning home. This fundamental personal safety reason is why an employee can be justified in violating such an asinine rule, just as he or she could reasonably violate a rule prohibiting use of the bathroom when he or she had stomach flu.

Thus, there is a powerful conflict between the employer's property right to prohibit guns on its parking lots and the employees' rights to their own personal safety. Equally important, the argument that allowing legally carried guns in employees' vehicles increases the danger of a mass workplace shooting, is bogus. In fact, as shown by the work of John Lott, the best way to prevent such shootings is to allow employees to exercise their RKBA rights to keep guns in their vehicles.

In other words, it is objectively, scientifically provable that an employer reduces its risk of workplace shootings by at least allowing employees to keep guns in their vehicles. It's not only a fundamental freedom issue, it's also a vitally serious safety issue.

Governments customarily regulate employers' workplace safety practices by, for example, fire codes and OSHA regulations. Requiring employers to respect employees' RKBA rights is far less intrusive than most present, generally accepted regulation and decisively promotes public safety and workplace safety. Those on this thread arguing for the sanctity of employer gun prohibitions are probably great supporters of far more intrusive governmental workplace regulation than merely protecting employees' rights to carry in their vehicles. Hence, a statutory requirement that employers respect employees' rights to carry in their vehicles is entirely reasonable.


96 posted on 12/17/2004 6:13:04 AM PST by libstripper
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To: dirtboy
Not so. Our rights to self defense, to keep & bear arms, are paramount. We must have arms to defend ALL of our rights to life, liberty and property.
jones







dirtboy wrote:
I don't recall language in the Bill of Rights that says certain amendments and the rights enumerated by such are superior to others. Perhaps you can point that out to me.







Common sense leads me to that conclusion. - Apparently, nothing can lead you to it.
97 posted on 12/17/2004 6:18:45 AM PST by jonestown ( JONESTOWN, TX http://www.tsha.utexas.edu)
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To: jonestown
Common sense leads me to that conclusion. - Apparently, nothing can lead you to it.

Ah - so first it is enumerated in the Constitution, but now it boils down to common sense. Do you know why so many countries are poverty-stricken crapholes? Because there are no real property rights. Think twice before you disparage property rights over other rights.

98 posted on 12/17/2004 6:21:27 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: libstripper
The particularly nasty thing about parking lot prohibitions is that they effectively prohibit subject employees from exercising their RKBA rights far beyond the parking lots in question.

Then work for someone else. No one is forcing you to work for a given employer.

99 posted on 12/17/2004 6:22:06 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: BOBWADE

He can demand anything within the law, and you can refuse to accept his workplace rules and work elsewhere.

If the employer sets unreasonable requirements, then he will not be able to secure sufficient employees to run his business, and he will be forced to either change his workplace rules, or close down.

Look at it this way.

The employer gets to set rules regarding access to his property by others, as you do with your private property; property rights are the basis of all our rights.

You have, as the employer has, a right to defend yourself, not a Constitutional right as other have argued here, but a right to self defense nevertheless, and your right to self defense is inviolate as is the employer's.

You feel that the best way to defend yourself is by carrying a loaded weapon in your car, or perhaps even on your person, and that's YOUR right.

The employer feels that the best way to defend himself is by not allowing guns anywhere on his property, and that HIS right.

Thus far it seems that your individual right to self-determination of self defense cancel one another out, so what then sets the standard?

The right to self determination in one's own property.

Theoretically, all employees are informed of every existing work place rule prior to their accepting a job; accepting a job implies that you accept the rules of the workplace right along with the wages and benefits.

Legally, the employer has further rights to change old workplace rules, or to implement new ones, as long as he makes a reasonable attempt to inform all employees of the changes.

The fact that the gun is IN your car does not make it OK to violate the property owner's rule, because the car is ON his property which violates his right to determine what he feels is his best option for self-defense.

The fact that you believe that he is wrong in that aspect doesn't really matter, because his right to self-determination as it relates to his own property trumps your opinion of his decision.


100 posted on 12/17/2004 6:26:08 AM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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