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Law Educator, Esq.
Law Educator, Esq., Attorney
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North Carolina gun law lets business owners restrict the carrying

Resolved Question:

North Carolina gun law lets business owners restrict the carrying of concealed handguns, even though the gun owner has a valid NC Concealed Handgun Permit, on the business premises. But an employer says its employees also may not carry even when they (employees) are travelling on business (business for this employer). Can the employee ignore this carrying-while-travelling rule without fear of firing or other recrimination from the employer?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
I am afraid that as long as an employee is being paid by the employer or on the business of the employer, even traveling, the employer has a right to restrict the employee carrying a firearm due to the vicarious liability issues (meaning if something happens while the employee is doing the work of the employer, the employer could be found liable). Thus, if the employee violates the employer's rule regarding carrying of firearms, they could actually be terminated for good cause, even if they do have a permit to carry.

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Customer: replied 2 years ago.
If the employee is unable to defend himself or his life while travelling, isn't the employer liable for failing to protect the employee while travelling? The employee's 2nd-Amendment rights are being restricted by the employer.
Expert:  Law Educator, Esq. replied 2 years ago.
No, I am afraid that is not the case, since the employer is not the insurer of the safety of the employee while they are working. The problem with the employer here is the liability issue though. If you as an employee shoot someone with your gun, the employer may be sued along with you if you are working at the time of the shooting and this is why the employer has the right to restrict the employee, regardless of their permit or 2nd Amendment right. It is all about their liability for your actions.
Customer: replied 2 years ago.
What about when the employee is not actually working, say, after hours, while travelling? Can the employee travel with the gun and only carry it while not working? (This assumes the employee is abiding by applicable state and federal laws.)
Expert:  Law Educator, Esq. replied 2 years ago.
If the employee is on travel for the employer, the employer can dictate and even if you are not on the clock if you are traveling for their business. If you are traveling on your own then they cannot tell you what to do, but the fact you are on their bidding gives them the right to dictate to the employee I am afraid.
Customer: replied 2 years ago.
Okay. I am inclined to rate your service "excellent", but I would be much more satisfied if you could provide references to applicable law. Is that possible, or is that asking too much?
Expert:  Law Educator, Esq. replied 2 years ago.

The law is actually at will employment, which means the employer can set the rules for employment and they can hire and fire employees for no reason or any reason not based solely on age/race/sex/disability. As I am a strong believer in 2nd Amendment Rights, I do hate to tell anyone they cannot carry their weapon when they have a permit, but the risk is the right of the employer to terminate you for not following their rules and to set condition of any employee traveling for the employer.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92534
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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