School Firearm Violence, Essay Example

Scenario II – Second Amendment

In most states, employees have the right to keep a firearm in their locked vehicle on company property. Employees are permitted to keep firearms in their locked cars while parked on business property in the state where Generic Hospital is located. Employees are not permitted to hold firearms on any company property, including their vehicle, according to the employee handbook (Quiros et al., 2021).

If an employee sues their employer, the business may respond that it is their responsibility to maintain a safe workplace and that forbidding weapons on corporate property is a reasonable safety measure. On the other hand, the employee may argue that their Second Amendment rights to bear arms are being violated. Ultimately, the employer’s policy may prevail (Quiros et al., 2021). l, and the employee may have to comply or face disciplinary action, up to and including termination.

In the case of Swindol v. Aurora Flight Sciences Corp., the court affirmed an employment policy that forbade employees from keeping firearms in their parked automobiles while on company property, ruling that the restriction did not contravene the Second Amendment (Price & Khubchandani, 2019).

Scenario IV – Jurisdiction

The best option for filing a lawsuit in this scenario is to file in the Georgia Federal District Court, as SSR’s corporate headquarters are located in Savannah, Georgia, and it is likely that the company’s policies and procedures, as well as any relevant evidence, would be located there (Quiros et al., 2021).

Which court has jurisdiction over a matter is determined by a number of variables, including the parties’ and the action’s respective locations as well as the location of the evidence (Quiros et al., 2021). The occurrence in this instance took place in Alabama. However, because SSR’s corporate headquarters are in Georgia, the Georgia Federal District Court is the proper venue (Quiros et al., 2021).

Burger King Corp. v. Rudzewicz is an illustration of a case involving jurisdiction. In that case, the Supreme Court determined that a defendant must have “minimum contacts” with a state in order to establish personal jurisdiction over them and that the plaintiff’s physical location is not a sufficient basis for such jurisdiction (Quiros et al., 2021).

References

Price, J. H., & Khubchandani, J. (2019). School firearm violence prevention practices and policies: Functional or folly? Violence and Gender, 6(3), 154-167. https://www.liebertpub.com/doi/abs/10.1089/vio.2018.0044

Quiros, P. A., Scott, L. S., & Brumsey, J. F. (2021). Mercer Law Review Vol. 053 Issue 01-010 pg. 0109-Business Associations. https://mercer.openrepository.com/bitstream/handle/10898/8619/11_53MercerLRev109(2001-2002).pdf?sequence=1 Top of Form