Friday, December 2, 2016

EMPLOYERS – WAIT, WAIT DON'T DO IT!

Qualifying for a Tennessee carry permit requires mandatory training and being tested on the firing range. In spite of the sustainable personal investment in time and expense, many Tennesseans have gone through the process becoming responsible gun owners. One of the things they learn during training is that firing a deadly weapon exposes them to civil and criminal prosecution regardless of the reason for doing so. The only justification for aiming a weapon at another human is that you believe you or someone else is at risk of being killed or suffering grave bodily harm. Their judgment as to that circumstance will be questioned. They will surely have to defend their decision in court. Responsible gun owners have a lot to lose and thus take their responsibility seriously. Based on experience, we have much to fear from criminals with guns and almost nothing to fear from the licensed individual. In fact, those licensed for conceal carry provide an additional level of security—security that could one day save your life or the life of someone close to you.

In spite of the potential benefit the licensed individual provides, fear of guns in anyone’s hand has led some businesses to adopt a no guns on the premises policy. However, a company’s right to bar guns has limits as Steve Collins humorously explains below:

“Hey, Harlan, I heard Louise has got a shiny Colt Detective 38 Special locked up in her trunk.  She's always pushing the rules.  There are no guns allowed on company property.  I've had it with Louise.  This is it.  I'm firing her."
Wait, wait don't do it.  In 2014 Tennessee passed Tennessee Code Annotated 39 17 1313, commonly referred to as the "guns in trunks law."
Since Louise has a proper Tennessee carry permit and since her Colt Detective 38 Special is locked up in her trunk, she is protected by the law.  The law allows Louise to transport and store her gun in her vehicle.  That law applies to the company parking lot.   All Louise has to do is be on the property legally, be parked legally, and her have her gun and ammunition 'kept from ordinary observation'.  A gun locked in the trunk is 'kept from ordinary observation'.
Also if Harlan does fire Louise she can bring a lawsuit against the company charging that her statutory right to have her gun locked in her trunk has been violated and she can in turn seek and receive damages from the employer including her attorney fees and litigation costs and she can get an injunction prohibiting her employer from violating that law and taking an adverse employment action against her.  These remedies for Louise are provided for in Tennessee Code Annotated 50-1-312. The result is that an employer of any size is now prohibited from discharging or taking an adverse employment action against its employee in Tennessee 'solely' for being in compliance with 'guns in trunks'.
Be aware and wait, wait don't do it.  Tennessee Code Annotated 50-1-312. Became effective July 1, 2015.

For more WAIT, WAIT DON'T DO IT advice to employers check other Steve Collins post at http"//spicefirm.com/news.html.

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For signed copies of books by Tom Collins, go to the TomCollinsAuthor.com. Unsigned print and ebook editions are available from Amazon, Barnes & Noble, and other online bookstores. For an audio edition of The Claret Murders go to http://amzn.com/B00IV5ZJEI. Ebook editions are also available through Apple iTunes’ iBooks Store and Smashwords.com.
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