Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Utah Supreme Court: Employees Cannot Be Fired for Self-defense

Friday, September 25, 2015

Utah Supreme Court: Employees Cannot Be Fired for Self-defense

Threats to Second Amendment liberties come in many forms. According to the so-called “state action” doctrine, only those acting on behalf of a public entity can actually violate constitutional rights. Nevertheless, many private actors can also interfere with the fundamental right of self-defense by establishing their own antigun policies and practices. Your NRA has therefore supported legislation to prevent gratuitous antigun discrimination in the private sector, including by doctors, employers, insurance companies, and businesses that offer public parking. After all, the right to keep and bear arms would not mean much if its exercise prevented law-abiding people from availing themselves of the necessities of modern life.

Last week, the Utah Supreme Court issued a strong endorsement of self-defense as public policy in a claim arising out of private action. In Ray v. Wal-Mart Stores, Inc., the court held that an employee’s right of self-defense trumps an employer’s right to fire an employee, including an employee who can usually be terminated without specific cause (an “at-will” employee.)

The case involved two incidents where a total of five Wal-Mart employees were fired after using force – in self-defense – against armed shoplifters.  In the first case, three employees at the Layton, Utah, store confronted a customer who hid a laptop computer in his pants. After employees escorted him to the store’s security office, the shoplifter drew a gun and grabbed one of the employees, pressing the gun to his back.  The other employees grabbed the man, seized his gun, and held him for the police.

In the second event, two employees at a West Valley City, Utah, store grabbed a shoplifter after she tried to run away.  She pulled a pocketknife and threatened to stab the employees unless they released her. Afraid of what would happen if they let go, they kept hold while a customer helped grab the knife.

In both instances, Wal-Mart fired the employees for violating company policy that employees disengage, withdraw, and contact police if a shoplifter has a weapon, threatens to use a weapon, or becomes violent. The employees sued, claiming their termination violated their fundamental rights.  The Utah Supreme Court ruled in their favor.

The court found the firings violated the exercise of a “legal right or privilege” and that the right to self-defense was so substantial and fundamental that there was “virtually no question as to [its] importance to the public good.”

The court referred to two provisions of the Utah Constitution in its ruling.  First was Article I, Section 1, which provides, “All men have the inherent and inalienable right to enjoy and defend their lives and liberties.” The court also referenced Article I, Section 6, which states: “The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed….”

Additionally, the court cited state laws and court decisions upholding the right of self-defense, including Utah’s “Stand Your Ground” law.

The court limited its ruling to situations where an employee reasonably believes that force is necessary to defend against an imminent threat of serious bodily harm and there is no opportunity to withdraw.  The case was returned to the trial court to determine if these two limitations applied.

While limited in scope, the court’s decision provides strong vindication for the ongoing importance of self-defense as public policy. The principle the court articulated is equally applicable to many other private forms of discrimination against those who exercise this right and will hopefully prove influential. As always, your NRA remains committed to protecting your rights against all infringements, whatever their source.

TRENDING NOW
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.