From Deseret News archives:
Justices uphold guns ruling
Fired workers who violated the ban had sued AOL
The high court's ruling underscored the strength of Utah's long-standing, at-will employment law — which means workers can be fired or quit at any time.
The decision was prompted by a wrongful termination lawsuit filed by three America Online employees, Luke Hansen, Paul Carlson and Jason Melling, who were sacked in 2000 after they transferred guns among their cars in the company's leased parking lot at its Ogden call center.
AOL had a policy, which the employees knew about, that prohibited firearms in the company building and parking lot.
The lawsuit spawned numerous debates about such issues as private property rights vs. the constitutionally protected right to keep and bear arms, and what rights employers and workers have under Utah law.
"There remains an evolving discussion about the role of firearms in our society. While certain areas of that debate are more developed than others, the mature at-will employment law in the state of Utah rejects the idea that, in the face of a freely entered-into agreement to the contrary, an employee has the right to carry a firearm on his employer's premises," the court wrote.
The three AOL employees were off work and planned to go target shooting at a local firing range. A company security camera recorded them moving guns from two of the cars to the third man's car, which also had a gun inside. Four days later, the men were fired.
Although these were at-will employees, AOL said the men were fired because they had violated its "Workplace Violence Prevention Policy."
The men filed suit, arguing AOL's actions constituted wrongful termination because possessing guns was protected by public policy, namely the constitutional right to keep and bear arms.
They also argued the at-will employment rule has an exception that permits individuals to sue for wrongful termination in certain instances, such as a worker who gets fired after refusing a request from a boss to do something illegal.
A trial court decided in favor of AOL, and the men appealed the decision.
The unanimous Supreme Court ruling, written by Justice Ronald Nehring, noted that the Utah Legislature heatedly debated such issues in 2004 in its discussion over a chapter in the "uniform firearms laws" that eliminated a policy favored by the University of Utah, which had banned weapons on campus.
"This debate amply captures the tension between two familiar antagonists: the right to regulate one's own private property and the right to keep and bear arms," the Supreme Court opinion said.
