Open Carry in FMN City offices

Guys,

We've got a problem in Farmington. The City manager has made it know (eve though there is no written policy) that CoF employees will be terminated if they are carrying a concealed weapon on their person while at work.

The manager of the City of Farmington Utilities billing and payment office seems has also stated that she intends to block all access to any individual with a firearm (open or concealed) and has no regard for the fact that state preemption laws do not allow for her to make up laws regarding firearms within a municipal office.

So the next time you need to pay your bill, wear it out in the open and be prepared to explain to this twit the way it works....

The office of the city manager in Farmington just emailed me a copy of their policy about this. It is dated September 5, 2000, and is titled AR-00-3, "An Administration Regulation Establishing A Workplace Violence Policy and Procedure."

I have asked that office if there is a policy or regulation prohibiting citizens who are not employees from having their legally-carried firearms on city property. I hope to hear back on that tomorrow.

The question is whether a workplace policy restricting employees of a government entity can withstand the prohibition (through preemption) on cities having their own gun control regulations.

Tom Gresham said:

The office of the city manager in Farmington just emailed me a copy of their policy about this. It is dated September 5, 2000, and is titled AR-00-3, "An Administration Regulation Establishing A Workplace Violence Policy and Procedure."

I have asked that office if there is a policy or regulation prohibiting citizens who are not employees from having their legally-carried firearms on city property. I hope to hear back on that tomorrow.

The question is whether a workplace policy restricting employees of a government entity can withstand the prohibition (through preemption) on cities having their own gun control regulations.

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This is interesting on several counts.

First of all- regarding your question- the answer is no, they cannot do that. That is the entire point of state preemption- nothing can override state law. If they say they can, they're liars. A workplace policy is one thing, a ban on private citizens is another.

Second- I can't find anything matching "Administrative rules." A search of the NM Administrative code under the strings "AR-00-3", and variations of the title you gave yields nothing. There is no 00 section. It seems someone may need to be called on their shenanigans in trying to use something old/outdated, unless Farmington has its own rules.

Please copy and paste the text here so we can all see it. If you would be so kind as to forward me that email so I can have all the info I would be happy to take a look and consider walking into the attorney general's office here in Santa Fe and asking for an explanation.

AH.74

Check your email.

Tom Gresham said:

AH.74

Check your email.

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Received, thanks.

From the looks of it, it seems that the city of Farmington has indeed come up with its own set of administrative rules. WRT banning employees from having weapons, I think as an employment policy there is little to argue with. And that would seem to be all it really is- a policy that they are calling a rule.

Now again- as far as banning private citizens that is a different matter that they cannot do. Please let us know if you hear back from them.

AH.74 said:

Received, thanks.

From the looks of it, it seems that the city of Farmington has indeed come up with its own set of administrative rules. WRT banning employees from having weapons, I think as an employment policy there is little to argue with. And that would seem to be all it really is- a policy that they are calling a rule.

Now again- as far as banning private citizens that is a different matter that they cannot do. Please let us know if you hear back from them.

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I swapped several emails with the city attorney. I think your take is correct. They have an employment policy that workers can't have guns at work. They can't, and don't try to, prevent citizens from carrying on city property.

Whether this employment policy is valid (and legal) is a matter that might be reviewed by folks who have challenged gun laws at the highest levels. You just never know.