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Can I deny an off-duty cop a ride in my car if they are carrying a gun?

Posted 2 months, 2 weeks ago

The other day I had a passenger who was an off-duty cop and very clearly was carrying a gun. It didn't really bother me but it got me thinking, shouldn't I be able to deny someone access to my car if they have a gun? Is there a rule on this?

The Guru Take

Against the rules but not necessarily against the law

I am not sure whether if the rider being a police officer changes anything or not.  Let me answer it in the capacity I know.

Uber:

Uber prohibits both drivers and passengers to carry guns in their vehicles. Here's their statement:

Uber Firearms Prohibition Policy
Our goal is to ensure that everyone has a safe and reliable ride. That's why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app.*

Anyone who violates this policy may lose access to Uber.

* To the extent permitted by applicable law.
https://www.uber.com/legal/policies/firearms-prohibition-policy/en/

Taxi:

Taxi and Limousine Commission (TLC) prohibit drivers from carrying guns, but do not have a clear stance on passengers.  

Enforceable? Illegal?

In both cases of Uber and TLC, these rules very difficult to enforce.  Also, despite the fact they "prohibit" people from carrying guns, this does not make it illegal for users to carry them.  Therefore, in your case with the off-duty police officer, as long as he has the right to be carrying his weapon, the only recourse you have is the rule set forth by Uber. 

CEO of Unleashed, LLC - TaxiFareFinder
01/07/2017 10:40 p.m.
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    RPaulson  2 months ago

    If the dude is carrying a gun legally, I don't think you can tell the person to get out.  I don't think it's theoretically discrimination but I don't think this gives you the right to kick him out of the car.

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      CasPer  2 months ago

      and it is concealed!  You have to assume he is carrying it legally.

      plus...how do you know?  What if it was a banana or something.

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      TonyAlmeida  2 months ago

      Well, if the dude feels like he is in danger and is uncomfortable, he has the right to refuse service, I believe.

      I don't think this is like denying a service to a black customer or a blind person.

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    KimmieFitzgerald  1 month ago

    Actually the little asterisk  at the bottom says " to the extent permitted by applicable law." 

      Which means if it is permitted by law then the officer can carry as well as the driver if they are licensed to do so. 

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      CasPer  1 month ago

      Actually noticed that asterisks seem to be on a lot of those uber rules.  I think they are pushing it back down to the state law.  they dont' seem to take a hard stance and let the market decide.

      i think i last saw it for the underage riders and whether they can take one.   all local rules.

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    amysuber43085  2 months ago

    The question is, how many people are packing and we don't know it? Think about it, it's concealed. How would you know?

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    Kenyon  2 months ago

    I also wonder what the safety policy is for Uber/Rideshare drivers though too.  If there is anything in there to the nature of "a driver has the right to refuse service to anyone who they feel threatened by" then arguably this could qualify if a driver did not feel comfortable around guns right?

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    jbauer  2 months ago
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      RPaulson  2 months ago

      breitbart.  LOL.

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    kitkat22  2 months ago

    Wow, this is such a good question. I never thought about this from an Uber driver's perspective.

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    lilly  2 months ago

    This is fascinating. Has anyone hear ever turned down a cop for a ridedue to this reason? I am curious what would happen now!

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