On Apr 27, 2008, at 6:42 PM, Guy Smith wrote: > The abstraction that an employee (who has entered into a > voluntary contract with the employer, and likely has agreed to > abide by > whatever arbitrary and capricious rules the company sets) might > potentially > be negligently harmed (by a third party on the route to/from the > place of > work) is stretching doctrine beyond reason.
A curious claim, since we encountered exactly such a real-life case here five years ago. Despite the fact that I agree with you that Marion Hammer's position is short-sighted and rent-seeking, that issue doesn't arise in this case because the property wasn't private, the intractable employer was the state of Arizona, and it was explicitly disobeying its own state law that forbade just such a ban. A young woman, an employee of the Arizona Department of Revenue, had been raped and otherwise abused as a teen by her father, who had gone to prison thanks to her testimony. Her father was due for parole, and he had sworn revenge on her. The woman lived in Apache Junction, quite far from her workplace in central Phoenix. Her employer (the state) refused to allow her to come to work armed, despite the fact that an Arizona state law required any government building that banned firearms to have facilities available for people to check their firearms at the entrance. They also refused to allow her to leave a gun in her car in the parking lot (not that she was that happy about being vulnerable for that distance), telling her it was a "firing offense." The state refused to back down and obey its own law. The father failed to get parole, postponing the crisis. And two years later, the state passed another law saying "this time we really mean the previous law," which has so far not yet been tested. More background on the case can be found at <http://www.havegunwillvote.com/index.php?sec=news&id=50> -- Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch http://libertyhavenranch.com _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
