Floridians Retain Right to Keep Firearms in Cars
After a three-year fight, the
Orlando Sentinel reports, gun rights advocates in Florida won the right to keep firearms in their cars at work.
According to a story in the
Orlando Sentinel, you can take your gun to work, but there are restrictions.
"Florida's Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008" isn't completely cut-and-dried. So don't put your pistol in your lunchpail until you know the rules.
First, not just anyone can bring a gun to
work.
Only those with a concealed weapon permit from the state of Florida are protected by the law. The NRA had pushed for this change for years, arguing that many law-abiding gun owners were left unprotected on their way to and from work because
their
employers prohibited firearms on their property.
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The
Florida Chamber of Commerce and
the Florida Retail Federation fought hard against the bill. They argued it would trample businesses' private property rights by taking away their ability to set policies
for their employees.
But a federal judge upheld the law, which applies to full- and part-time employees, independent contractors, volunteers, interns and other similar positions. Employers aren't allowed to search workers' vehicles looking for guns
or even ask employees if they have one, according to the story in the
Sentinel.
What was labeled the "guns-at-work" law really should be called the "guns-in-the-parking-lot" law, gun-rights advocates say.
"It conjured up images
of people having guns in their office or in their plant. It was deliberately misleading," NRA lobbyist Marion Hammer said.
The law doesn't allow gun-owners to carry semi-automatics weapon into offices or supermarkets where they work. Rather, it only
allows them to leave it locked up in their car outside. In effect, it prevents most employers from telling their workers to leave their weapons at home.
There are exceptions. The law doesn't apply to schools, prisons, nuclear power plants, defense
plants or businesses that have combustible or explosive materials.
The exemptions built into the law became controversial after the law was passed. Some employers, including Disney and Universal Studios, twisted themselves into odd shapes to get an
exemption.
Disney claims an exemption because it has a permit for explosives namely, fireworks used in its extensive pyrotechnic displays. Universal Orlando houses a work-study program staffed by Orange County Public Schools, so it also prohibits
firearms on its property.
A Disney security guard defied the ban and sued after he was fired. Eventually, the case was dismissed.
State law also allows people to carry a gun in their vehicle even without a concealed-weapon permit, as long as
it is secured and "not readily accessible for immediate use."
So,
businesses can't kick you out for having a firearm on their property, as long as it's locked up and not being brandished.