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
Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

What the Second Amendment community has long known has become increasingly difficult for gun grabbers to deny: no handgun is safe from the prohibitionist agenda.

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

News  

Monday, February 23, 2026

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

Anti-gun activists think they have figured out a way around the Second Amendment, democratic accountability, and the federal Protection of Lawful Commerce in Arms Act (PLCAA) to impose a limitless raft of gun control on ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

News  

Monday, February 23, 2026

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

Canada’s gun owners have no reason to trust the federal government, and whatever misplaced faith remains took a huge hit when details of a cybersecurity breach at the Canadian Firearms Program became public.

Minnesota: Gun Control Bills Stall in Committee

Wednesday, February 25, 2026

Minnesota: Gun Control Bills Stall in Committee

Following committee votes on Tuesday, February 24th, and Wednesday, February 25th, many of the most egregious gun controls bills in the legislature have stalled and may not receive further action this session.

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Monday, February 23, 2026

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Today, HB 4154 is scheduled for third reading and a vote on House Bill 4145, the Ballot Measure 114 override bill. This is the last opportunity for Second Amendment advocates to oppose this bill in the ...

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Wednesday, February 18, 2026

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief in Hall v. Sig Sauer, urging a Pennsylvania federal court to reconsider an order requiring Sig Sauer to disclose its customers’ names and ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

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.