Question on Florida law

This is a discussion on Question on Florida law within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Ok basicly, I work for Publix, which is a big opponent of employees having guns, they were among the big businesses who succesfuly fought the ...

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Thread: Question on Florida law

  1. #1
    Member Array Yddnac's Avatar
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    Question on Florida law

    Ok basicly, I work for Publix, which is a big opponent of employees having guns, they were among the big businesses who succesfuly fought the employee-car-parking lot thing.

    So here's my question, the law allows a business to fire an employee for bringing a weapon to work OR having a weapon in a locked car on company property.

    But, my store is in a strip mall, and I believe the property is leased/rented(whatever you call it.) Since the parking lot is shared with 7 other businesses, does this mean the parking lot is not technicly Publix's? Would they have grounds to fire me if they found out i had a handgun locked in my car??? I can't find any case, law, or precedent on this, so I'm thinking it's never been brought up here yet.

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  3. #2
    Member Array osanmike's Avatar
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    I would think that if the parking lot is shared by the entire Mall, then Publixs would have no legal ground to fire you. It would be considered community property and only if the other stores had the same policy would you be in trouble. (Of course I'm no Lawyer, but I play one on TV ) .
    "No man's life, liberty, or property is safe while the Congress is in session."
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    VIP Member Array ELCruisr's Avatar
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    It might come down to the property owners rules. Has Publix issued this policy to you in writing or in an official meeting concerning the location you work at? I also believe Publix owns some of the strip malls they are in. I know they just built one near me so this may effect things as well. You might want to swing by Mr. Gutmachers website. He has a Legal FAQ area where you can pose questions like this and he might answer them as concerns Florida law.

    http://www.floridafirearmslaw.com/faqs.shtml

    BTW his book is an excellent resource to have if you carry in FL.
    If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good. ~ Thomas J. Watson, Jr.

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    Member Array xsquidgator's Avatar
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    Tough one. My employer (a hospital which on its own is a no-carry zone) also has signs up saying "no weapons on XXXX property"

    I live 20 miles away from work, so when I go shooting after work, it's just not feasible for me to go 20 miles one way home to collect my stuff and then 15 miles in another direction to practice. I've been leaving my unloaded weapons locked in the trunk of my car, in the parking garage. I believe that demonstrates my benign intent even though my employer would probably have a problem with it. I just keep a low profile is all and try hard not to make it become an issue.

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    Hey Florida Guys...

    wait a minute...
    Didn't Jeb just sign a law which would allow employees the ability to keep a weapon in the car on company property? I believe it takes effect on Oct 01...
    It would prohibit a company from imposing any restrictions on weapons in cars ON company property! (Doesn't include schools.)
    I'm not sure of the exact date and title, but I'm relatively sure it's already on the books!

    ret
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    Member Array Yddnac's Avatar
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    Retsupt, that law was pushed hard by the NRA, who wrote it, but the big corporations fought it very fiercely here in Tallahassee. My company, publix, was among the big businesses.

    The bill never got past a single committee and has been one of the most handed around bills in Florida ever, in the end it was thrown out. 'the NRA was not happy.

    I hate it because I work until late at night, I have to go home to a bad area of the city and I'm not supposed to have any protection. I understand no guns AT work, but not even locked safely in my car? It's annoying. What's worse is it seems that as a "condition of employment" employers can demand to search your vehicle.

    Florida is certainly not the gunshine state yet :)

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    Yddnac...

    thanks for the correct info...
    Sorry to hear about your employer...nothing like being 'between a rock and a hard place'.

    Stay safe...stay alert, anyway!

    ret
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    Member Array yellowv's Avatar
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    Personally if you feel you need to I would keep the gun locked in my car and keep my mouth shut about it. Publix would have no right to search your vehicle for any reason, so if you don't let them know you have it in there they will be none the wiser. If it came down to a situation where you had to defend your life in the parking lot you might get fired but you will be alive. You can get another job.

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    Member Array vanilla_gorilla's Avatar
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    Think about it for a moment...Florida as a "work at-will" state. Even if you keep your weapon in you car, off of Publix property, if it is discoovered and they hear about it, they can fire you. They can fire you simply because they don't feel like having you wandering around their store anymore, if they want.

    Which Publix? N Monroe? Lake Ella?
    I'll take a .45 and a large side of JHPs, please.

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    Member Array Mighty HD's Avatar
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    It might be a good idea to keep your mouth shut about which publix you're working at as well.


    When I worked there, I carried IWB----who cares if they fire me..it's a dead end job anyways.

    When one door closes, another one will always open.
    Mighty HD

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    Member Array profshadow's Avatar
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    I've got your back....I carry in Publix all the time when I'm shopping there......

    Oh wait.
    People can come into the store with a gun but employees can't? Sounds like where I work at (a university)

    You know where the targets are when you know where people can't carry weapons....
    Armed & Dangerous...and Inconspicuous...

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    Distinguished Member Array sniper58's Avatar
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    YellowV said it best. Besides, Publix is the anchor tenant (not necessarily the property owner). Nonetheless, keep your mouth shut and live. No job is worth policy and Publix won't step up and provide for your family after you're gone!
    Tim
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    Member Array CharlieMike's Avatar
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    i agree with the posts that suggest you carry in your car and keep quiet about it.

    one problem with that is that it can't do you much good while locked in your car.

    is this issue big enough for you to consider quitting? maybe find a new job and on the way out, let them know you quit because of their crappy politics and policies.

    let them know that plenty of customers carry in pubix every day.

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    Member Array Baldy60's Avatar
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    I have carried for over 40yrs. I allways felt I didn't need some pencil neck, politican, or a plastic card to tell me about my rights. I was going to portect my family at all cost, and we could settle everything else later. If I go to jail oh well, as long as they are alive. Some things a man just don't tell his best friend.
    You might be a Redneck if: You've ever pruned your trees with a shotgun.

  16. #15
    Member Array xsquidgator's Avatar
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    I agree about "discretion being the better part of valor" here, in this case keep it in your car or the trunk locked up and mum's the word. I carry a bunch of my non-firearm and firearms shooting crap in the trunk anyway and I think the paper targets, gun cleaning supplies, glasses and earmuffs indicates I'm not keeping an extra in there to go shoot up somebody's house.

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