New York DA Forces Staff to Forgo Second Amendment Rights

[HankB]

I realize you're joking, but am wondering if that wouldn't both hold up legally and be non-punishable by the employer. How can they force your work obligations / contracts on other members of your household?

Exactly.

I understand when some CO at a military base demanded that any guns owned by service members and their families be registered with the military even when they lived off base, extending the order to soldier's families was one of the things that caused a massive backlash - and the CO was schooled in the limits of his authority. 

[T.O.M.]

I realize you're joking, but am wondering if that wouldn't both hold up legally and be non-punishable by the employer. How can they force your work obligations / contracts on other members of your household?

Interesting thought I hadn't considered.  In my job, I am bound by the Code of Judicial Conduct, which prohibits me from publicly supporting a political candidate.  A while back, some judicial types got in trouble with the Disciplinary Counsel because of yard signs for candidates that the spouse put up.  Ruling was that the spouse still enjoys 1A freedoms that the judicial type forgoes for the job, so yard signs can stay so long as the property is owner by the spouse or jointly owned.  If it wasn't NYC, where a spouse probably can't get permission to own a handgun in the first place, this would be an interesting argument on the issue.

[RevDisk]

While I suspect employers can't legally order family members to do anything, I highly suspect they can legally fire you for the actions of family members. The smarter ones just don't give a reason for termination, or use a BS excuse.

[T.O.M.]

While I suspect employers can't legally order family members to do anything, I highly suspect they can legally fire you for the actions of family members. The smarter ones just don't give a reason for termination, or use a BS excuse.

QFT.  The smart ones just send you on your way.

[Perd Hapley]

Isn't it pretty common for prosecutors to carry sidearms, at least while on the job? Having your spouse's guns at home wouldn't be quite the same. 

[T.O.M.]

Isn't it pretty common for prosecutors to carry sidearms, at least while on the job? Having your spouse's guns at home wouldn't be quite the same. 

Truly depends on the rules of the office and the individual.  There are some offices that forbid carry by the assistants.  Some do so because of concerns for liability.  Some do so because of politics.  Some do so because they're just dumb.  And, in offices where it's permitted, it's always at the discretion of the individual.  At our office, it was at the choice of the individual, provided the individual could pass qualifying (which was never that difficult, and a fun day out of the office).  For me, it was never a question.  I carried because I knew I was pissing people off every day, and wanted to be able to protect myself if someone acted on that.  Some people live their lives with the thought that it won'rt happen to them.  I never thought that way, so I made my decision.  And, because of one incident back in 2001, I've never regretted that decision.

I tired to find it, but failed.  Years ago, there was an article that I read about a guy who was appointed as the prosecutor in one Ohio county.  Article made a point of talking about the guy's John Wayne cardboard figure in his office, and the gun he wore on his hip.

[Perd Hapley]

And, because of one incident back in 2001, I've never regretted that decision.

If you haven't shared that here, would you mind doing so?

[T.O.M.]

If you haven't shared that here, would you mind doing so?

I was an assistant prosecutor at the time, primary assignment was the child abuse team.  I had taken my son (then age one) to a check-up, and stopped for gas.  Truck pulled in next to me, up to the pump parallel to the one I was using.  Guy climbed out, and I recognized him right away as the grandfather of a mother I prosecuted in a child abuse case.  She went to prison, and in the parallel case, the kids were placed with foster family for adoption.    I'm next to my pump, my car was between us, my son was on the back seat passenger side (gas fill was on the passenger side of the car, too).  Car was a 1995 Chevy Beretta.  Anyways, he climbed out, reached in the bed of the truck, pulled out a pipe, and said in what I remember to be a frighteningly calm voice "you took my family from me, how about I take yours?"  I pulled my handgun.  Smith and Wesson 649 Bodyguard, Uncle Mike's grip.  Bianchi leather holster.  Ammo was the only kind I carried back then, Federal Hydra-shok, +P, 129 grain.  I didn't aim at him.  I had it in two hand, pointed down towards the trunk of my car.  But he saw it.  I remember him saying "ahh *expletive deleted*it" before turning, throwing the pipe back in the truck, and driving away fast.  I finished up and drove to the police station, talked to a detective friend and made an incident report, but filed no charges.  Why?  Wasn't worth stirring things up more for a misdemeanor charge since he didn't do more than make a threat, especially since he would have been handed my address in the discovery packet. 

I've maintained a weapon nearby ever since.

[Perd Hapley]

I was an assistant prosecutor at the time, primary assignment was the child abuse team.  I had taken my son (then age one) to a check-up, and stopped for gas.  Truck pulled in next to me, up to the pump parallel to the one I was using.  Guy climbed out, and I recognized him right away as the grandfather of a mother I prosecuted in a child abuse case.  She went to prison, and in the parallel case, the kids were placed with foster family for adoption.    I'm next to my pump, my car was between us, my son was on the back seat passenger side (gas fill was on the passenger side of the car, too).  Car was a 1995 Chevy Beretta.  Anyways, he climbed out, reached in the bed of the truck, pulled out a pipe, and said in what I remember to be a frighteningly calm voice "you took my family from me, how about I take yours?"  I pulled my handgun.  Smith and Wesson 649 Bodyguard, Uncle Mike's grip.  Bianchi leather holster.  Ammo was the only kind I carried back then, Federal Hydra-shok, +P, 129 grain.  I didn't aim at him.  I had it in two hand, pointed down towards the trunk of my car.  But he saw it.  I remember him saying "ahh *expletive deleted*it" before turning, throwing the pipe back in the truck, and driving away fast.  I finished up and drove to the police station, talked to a detective friend and made an incident report, but filed no charges.  Why?  Wasn't worth stirring things up more for a misdemeanor charge since he didn't do more than make a threat, especially since he would have been handed my address in the discovery packet. 

I've maintained a weapon nearby ever since.

Well played.

[Angel Eyes]

Update: looks like the D.A. has backed off:

http://video.foxnews.com/v/4521166310001/new-york-county-lifts-prosecutor-gun-ban/?intcmp=hpvid1#sp=show-clips

[Perd Hapley]

I was an assistant prosecutor at the time, primary assignment was the child abuse team.  I had taken my son (then age one) to a check-up, and stopped for gas.  Truck pulled in next to me, up to the pump parallel to the one I was using.  Guy climbed out, and I recognized him right away as the grandfather of a mother I prosecuted in a child abuse case.  She went to prison, and in the parallel case, the kids were placed with foster family for adoption.    I'm next to my pump, my car was between us, my son was on the back seat passenger side (gas fill was on the passenger side of the car, too).  Car was a 1995 Chevy Beretta.  Anyways, he climbed out, reached in the bed of the truck, pulled out a pipe, and said in what I remember to be a frighteningly calm voice "you took my family from me, how about I take yours?"  I pulled my handgun.  Smith and Wesson 649 Bodyguard, Uncle Mike's grip.  Bianchi leather holster.  Ammo was the only kind I carried back then, Federal Hydra-shok, +P, 129 grain.  I didn't aim at him.  I had it in two hand, pointed down towards the trunk of my car.  But he saw it.  I remember him saying "ahh *expletive deleted*it" before turning, throwing the pipe back in the truck, and driving away fast.  I finished up and drove to the police station, talked to a detective friend and made an incident report, but filed no charges.  Why?  Wasn't worth stirring things up more for a misdemeanor charge since he didn't do more than make a threat, especially since he would have been handed my address in the discovery packet. 

I've maintained a weapon nearby ever since.

I was wonderin'. The improvised weapon suggests it was a random meeting. Did you ever find out whether he had somehow followed you there, or if it was just a coincidence?

[T.O.M.]

I was wonderin'. The improvised weapon suggests it was a random meeting. Did you ever find out whether he had somehow followed you there, or if it was just a coincidence?

I agree.  That day, my wife got sick, so I was a last minute change to take my son to the doctor.  I believe coincidence out us at that gas station at the same time.