Parker v. LEAF RIVER CELLULOSE, LLC, Dist. Court, SD Mississippi 2014 – Google Scholar.
The judge here took the section of the law that is intended to shield employers from civil actions if an employee uses their gun and turned the entire statute on its head.
(1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.
…
(5) A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.
The court reasoned that the employer’s violation of (1) by firing someone for lawfully having a gun in their car is an “occurrence” under (5). Therefore, an employer can not be held liable for breaking the law.
Clearly an absurd result, but given the pervasive defiance of any law or right allowing for the possession and use of arms by so many lower courts, it’s not surprising that another Judge has chosen to bent over backwards to rule against a gun owner.
Lets analyze that last sentence the same way Judge Starrett construed the law in this case…
Clearly an absurd result, but given the pervasive defiance of any law or right allowing for the possession and use of arms by so many lower courts, it’s not surprising that another Judge has chosen to bent over backwards to rule against a gun owner.
Using the court’s logic in this case, that statement would be read strictly to mean:
An absurd result has been reached by the defiance of laws and rights that allow lower courts to possess and use arms;
Therefore it’s not surprising that another court’s Judge has diligently interpreted the statute and constitution to necessarily rule against another court that owns a gun.
Given the common and ordinary meaning of the words and phrases contained in the interpreted sentence, no other construction could be considered!
Sometimes I’m convinced that law school beats reason and common sense out of lawyers.
