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Thread: Municipal Employees

  1. #1
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    Municipal Employees

    Since city halls, fire stations, police stations and such are not prohibited places under Maine law and cities cannot makes rules or ordinances making such places off limits, can municipalities legally forbid employees from carrying firearms while working?
    Last edited by Flashlight; 01-28-2014 at 11:18 PM.

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    Moderator / Administrator Grapeshot's Avatar
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    Probably so as workplace rules/terms of employment are generally legal.

    I don't have the specific citation at hand though.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    The pre-emption statute in Maine has no exception for public employees. Therefore it stands to reason that any rule by any political subdivision of the state pertaining to firearms would be void. The only public agency that can regulate firearms through this statute is Law Enforcement Agencies may regulate the type and use of firearms authorized for use by its employees.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by boyscout399 View Post
    The pre-emption statute in Maine has no exception for public employees. Therefore it stands to reason that any rule by any political subdivision of the state pertaining to firearms would be void. The only public agency that can regulate firearms through this statute is Law Enforcement Agencies may regulate the type and use of firearms authorized for use by its employees.
    Maybe so, maybe not. Would seem that keeping a SD tool in a vehicle is fine, but genuinely question that the state and municipalities cannot put employment rules in place, including carrying or not while working.
    http://www.shrm.org/legalissues/stat...rsfacenew.aspx

    Has there been a test case yet of a public employee wrongfully terminated for carrying on the job?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
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    Quote Originally Posted by Grapeshot View Post
    Maybe so, maybe not. Would seem that keeping a SD tool in a vehicle is fine, but genuinely question that the state and municipalities cannot put employment rules in place, including carrying or not while working.
    http://www.shrm.org/legalissues/stat...rsfacenew.aspx

    Has there been a test case yet of a public employee wrongfully terminated for carrying on the job?
    I can find no state statute that would override the pre-emption statute in this matter. I could be wrong, but I don't think I am.

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