"Concealed Carry" Legislation and Workplace Violence: A Nightmare in Employers' Liability?

By Martin, Donnie E. | Defense Counsel Journal, January 1998 | Go to article overview

"Concealed Carry" Legislation and Workplace Violence: A Nightmare in Employers' Liability?


Martin, Donnie E., Defense Counsel Journal


Suits claiming negligent hiring and retention are burgeoning, and the threat is increased when employees can carry guns

MOST EVERYONE has heard the news reports of the vindictive former employee who returns to work and kills the boss and a coworker, or the divorced spouse who stalks his former wife to her work place and suddenly opens fire. This is workplace violence at the extremes. Workplace violence accounted for 1,262 of the 6,210 work place fatalities recorded in 1995.(1)

The threat of workplace violence affects employers, employees and consumers. Some employers have established written policies on violence, assembled threat-assessment teams, implemented pre-employment screening practices, or utilized a variety of other procedures to protect the workplace and to limit their liability exposure.(2) In addition, companies have begun to provide specific services in an attempt to alleviate the dangers and costs associated with workplace violence. For example, some companies offer consulting services that present tips on defusing threats of violence.(3) There are insurance policies covering both victims of work place violence and their employers.(4) The hazards of workplace violence affect all employers and the recent wave of carry reform laws may make the risks even more intimidating.

In response to a demand to improve public safety, a majority of the states in the United States now issue licenses or permits that allow individuals to carry concealed deadly weapons.(5) Some states require the licensee to show a legitimate need to carry a concealed weapon, but most require only a lawful purpose, such as self-defense. The influence of "concealed carry" laws on an employer's liability for workplace violence is (or should be) a major concern for every business.

"CONCEALED CARRY" LEGISLATION

A. An Overview

Forty-three states and the District of Columbia now have legislation that legalizes the concealed possession of handguns or other deadly weapons. Thirteen states, as well as the District of Columbia, allow an individual to obtain a permit or license to carry a concealed on a showing of some specific need. Efforts to further relax gun control laws have failed in at least two of these "may issue" jurisdictions. A proposal which would have made it easier to carry concealed weapons and change the state to a "shall issue" jurisdiction, was turned down in Minnesota.(6) Similar carry reform legislation stalled in Delaware, along with the promise of a veto from the governor.(7)

Kentucky recently became one of 29 "shall issue" states, so called because their legislation typically obligates the issuance of a permit within a certain number of days if the applicant is not disqualified under the enumerated eligibility terms of the statute. Only seven states continue complete prohibitions against individuals from carrying concealed deadly weapons.

Many supporters of "concealed carry" laws expect the laws to be effective in reducing the crime rate, because "lawfully armed citizens will use guns to thwart criminal attack."(8) Research by the National Institute of Justice indicates that criminals are less likely to attack a potential victim if the attacker believes the victim has or might have a concealed weapon.(9)

Opponents argue that "concealed carry" laws "will lead to tragic increases in homicide" rates, an assertion supported by a study at the University of Maryland indicating that firearm homicides increased after the liberalization of concealed carry laws in four of the urban areas studied.(10)

Most of the available research regarding the effects of concealed carry legislation reach conflicting conclusions. Advocates and opponents alike appear able to support nearly any plausible argument.

B. Kentucky

Kentucky's new statute, KRS [sections] 237.110 et seq., became effective October 1, 1996. The new statute establishes detailed guidelines whereby qualified individuals may obtain a near unrestricted right to carry a concealed firearm or other deadly weapon "on or about his person" in any part of the state. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

"Concealed Carry" Legislation and Workplace Violence: A Nightmare in Employers' Liability?
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.