Can an employer prohibit you from carrying weapons at work even if it is otherwise legal to do so?

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Can an employer prohibit you from carrying weapons at work even if it is otherwise legal to do so?

I am a peace officer. I also work at another job at a hotel where the employer does not allow employees to carry guns to work, however they allow guests to as long as it’s concealed. There are a couple days where I need to conceal carry at work. I got told today I would be terminated if I carried my service weapon on my person to work even if I have my badge with me. Is this legal? Do they have the right to terminate me, even if as a peace officer I am legally allow to carry.

Asked on January 18, 2016 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your employer has the right to set whatever conditions of employment they would prefer.  This could include requiring you to carry or not to carry a gun.  This could include requiring you to wear a badge or not wear a badge.  The reason they they don't want you to carry a gun (most likely) is that they don't want to be responsible if you accidentally shoot someone.  As their specific agent/employee, they can be held liable for your actions.  They are not necessarily liable for a guest's actions. 
As an employee, you can choose to accept those conditions or reject those conditions of employment.  If you can accept those terms, then you can and should stay working there.  If you do not like those conditions of employment, then you need to find a different job. 


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