Can store employees be fired for a justifiable homicide?

The irony here is stunning. Guns Down America calls their effort to get Subway to ban carry in its stores a “victory” back on July 7, 2020. Yet here we are in September 2021, and an armed robber walked into a Subway in Albuquerque, and was fatally shot by an employee.

That ban’s working very well indeed. I guess the armed robber wasn’t technically a “customer,” so maybe it is.

At any rate, Igor Volsky of Guns Down America says he’s not sure how the successful ban relates to this incident. I, and I’m guessing many of you, might venture it could relate to the idiotic fantasy of a “gun free zone” being a safer place.

Text of article below:


The Albuquerque Police Department on Thursday offering their advice to store owners who may be confronted with an armed robber.

“Getting a barrier between yourself, maybe having some sort of tool that’s available to you that you’ve practiced or trained with. Also, move. It is a whole lot harder to hit a moving target,” said Officer Hence Williams, with the Albuquerque Police Department.

In a one-week span, two suspected robbers were shot dead by store clerks who feared for their lives, the current investigations by the district attorney’s office showing the shootings appear to be justified.

“The individual was threatened with lethal force and they did what they needed to do to protect themselves,” Officer Hence said.

New Mexico is an open carry gun-law state.

The most recent incident on Tuesday happened at a Subway in South East Albuquerque.

“We launched a campaign that asked Subway to adopt a policy in all of their restaurants across the country, asking their customers to not bring firearms into their stores,” said Igor Volsky.

Volsky is with Guns Down America, in 2020 his group got Subway to change their policy regarding people bringing guns into their stores.

"I, myself, am actually not sure how the change that we fought for and got how that relates to this incident,” Volsky said.

We reached out to Subway to find out if the policy change applies to their employees.

We didn’t hear back from them, but regardless of whether an employee is justified in committing a homicide on store premises, our legal expert John Day said they can still be fired from their job.

“You could engage in justifiable homicide and the D.A. may not charge you, but your employer may decide what we’re not going to keep you around your liability," Day said.

The police department said if you’re a business owner and want advice on how to handle a robbery, you can set up an appointment for guidance.


Ehh, they can fire them, if they don’t allow employees to have guns. I stopped going because of the “celebs” they use, never saw a no gun sign around here.

Nice thing about my job is we are encouraged to conceal carry on the job. :grinning:


Same reason I stopped going, “celebs”. Like they don’t have enough money. :roll_eyes:


Thankfully, now that I work from home, “carrying” is not an issue any longer, though I don’t usually “carry”, a firearm is typically within arm’s reach.


I got fired for getting shot at twice working at a 7-11… No instigation on my side. As a business owner it would cost them lots of money insurance wise and in their best interest it would be what they should do just to protect their own arse.


WOW, you got fired for being a victim? That is sick. I cannot understand how that could help their insurance by firing you. It would seem whatever issues there were that created the unsafe conditions that caused you to be a victim would not change by firing you, unless you were the instigator, but I truly doubt that was the reason.


Not being able to carry at work is sometimes hard for me to understand since I can and I’m also surrounded by others who carry. Glad that your employer encourages it as well!


Makes no sense to me. Come over here, stand behind the counter and greet/serve our customers everyday. Be polite and attentive, create quality products. Handle the customers and our money, Pay very close attention to sanitation and food handling. Oh, and when the thug with the bandana over his face and the hoodie over his head walks in and points a gun in your face just smile and say “Welcome to Subway, what can I get started for you”. Don’t you dare even think about defending yourself, we have rules you know…


Were they afraid that you would dispatch one of those thugs right next to the slurpee machine?

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Maybe we could take a lesson from the Covid “mask required” signs and Chicago’s (or is it San Fransico’s? It’s getting harder to keep track of the weirdness) ) new $300 rule. Subway could out up a sign saying “We will pay you $300 not to rob us”. Then a person could walk in and say “I’ll take a foot long, on wheat, Double meat, Tuna…Oh, and stick 'em up. Where’s my $300?” This would cut robberies w-a-a-y down. Wouldn’t it?


Robberies, down.

Extortion, at an all-time high :man_shrugging:t4:

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The owner had to pay for the windows that got shot out and the door I took out to get in the backroom to call 9-1-1. After the second time it happened he told me that for whatever reason the cooperation felt as though I was causing a dangerous environment for other employees since I am getting shot at!


So did the shootings stop after you left? If so I’d would’ve liked to have known why someone was shooting at you.


I do not know! I told everybody I was moving to Florida and came back to Washington State.


True, but there would be no need for a gun or for anyone to get shot. Also, Subway would be able to avoid those pesky “business profits taxes”.

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But like Marijuana, it would be “legal”… :rofl:

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