FL resident question about carrying at work

This is a discussion on FL resident question about carrying at work within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi, I am new to the site, this is my first post. I am a bartender as well as a student in FL (24 yrs ...

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Thread: FL resident question about carrying at work

  1. #1
    New Member Array Smoak's Avatar
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    FL resident question about carrying at work

    Hi,
    I am new to the site, this is my first post. I am a bartender as well as a student in FL (24 yrs old). I have had my CCW license since I turned 21. I know the law says "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the
    premises, which portion of the establishment is primarily devoted to such purpose" is ILLEGAL. However, I am not drinking at the bar, I am working behind it. I leave 5 nights a week at any time between 3:00AM-4:00AM, and walk a few hundred feet to my car in a dark parking lot. Also, 2 businesses on the same street have been robbed at gun point in the last month.

    I would feel much safer with my pistol on me, concealed. Is there an exception to having a weapon at a bar if it is you're place of business??

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  3. #2
    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by Smoak View Post
    Hi,
    I am new to the site, this is my first post. I am a bartender as well as a student in FL (24 yrs old). I have had my CCW license since I turned 21. I know the law says "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the
    premises, which portion of the establishment is primarily devoted to such purpose" is ILLEGAL. However, I am not drinking at the bar, I am working behind it. I leave 5 nights a week at any time between 3:00AM-4:00AM, and walk a few hundred feet to my car in a dark parking lot. Also, 2 businesses on the same street have been robbed at gun point in the last month.

    I would feel much safer with my pistol on me, concealed. Is there an exception to having a weapon at a bar if it is you're place of business??
    As your employer FIRST! See what they think about the situation and if it would be acceptable. Regardless of whatever law there may or may not be, your employer does have the right to prohibit carry while you're at work.
    No free man shall ever be debarred the use of arms.
    -Thomas Jefferson

    Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.

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    FL gun laws are unique when it comes to bars/businesses.

    I cannot eat a burger in the bar portion of a restaurant while armed, even if I'm not having a drink.
    I can, however, have a burger and a beer while armed, as long as I am in the food part of the restaurant.

    In any case, I cannot be in just a plain old bar, while armed. That said, if you are actually an owner (or an employee with the owner's permission) of a business, you can be armed (either CC or OC)...although in a business other than a gun shop, I would assume the owner would prefer CC if he allowed you to be armed. OMO

    Good luck with talking to your employer.
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    New Member Array Smoak's Avatar
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    The owner would not be acceptable of me having a gun as they are very liberal people. However, the owner is never there at night, so as long as it is legal and it does not mention anything in the policy, I should be fine, right?

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    Member Array jeffsmith's Avatar
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    Carrying is Legal ONLY with the permission of the business owner,
    Especially in a Bar where, as you already know, Carrying is Not Legal per State Law,

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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by jeffsmith View Post
    Carrying is Legal ONLY with the permission of the business owner,
    Especially in a Bar where, as you already know, Carrying is Not Legal per State Law,
    Can someone point me to the statute that makes it legal with business owner's permission, please? I can't seem to find it in Florida statutes.

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    VIP Member Array cmdrdredd's Avatar
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    Ask him/her, explain your reasoning in a calm and professional manner. Don't raise your voice or yell. Simply tell the owner that you have had situations at night where you are not comfortable walking to your vehicle and you would feel better if allowed to have a small, discreet, and concealed firearm. Also explain to them that you are licensed for carry legally by the state and don't forget to thank them for the time and for hearing you out. That could go a long way right there. When you tell someone that you did not expect to make demands but wanted to state your case and explain the situation and allow them to take any and all authority regarding it.

    Good Luck!
    No free man shall ever be debarred the use of arms.
    -Thomas Jefferson

    Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.

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    Ex Member Array NavyLT's Avatar
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    So - are you talking about FL Statute 790.25? I don't see where 790.25 allows an employee with permission to carry concealed. It looks like to me that (n) only provides for the owner of that business.

    (n) A person possessing arms at his or her home or place of business;

    Am I missing something? If "his or her home or place of business" is interpreted to mean place of employment, then there is no requirement for permission specified.

    I am not saying you are incorrect, I just am not seeing it myself.

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    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by NavyLT View Post
    So - are you talking about FL Statute 790.25? I don't see where 790.25 allows an employee with permission to carry concealed. It looks like to me that (n) only provides for the owner of that business.

    (n) A person possessing arms at his or her home or place of business;

    Am I missing something? If "his or her home or place of business" is interpreted to mean place of employment, then there is no requirement for permission specified.

    I am not saying you are incorrect, I just am not seeing it myself.
    All rights granted to you by the state stop once you enter private property. You still have the right to carry concealed if it is otherwise legal for you to do so there, but it's up to the owner. If they say no, please do not bring it and you do the opposite then you are committing armed trespass.

    You are allowed to walk around in your home with a firearm with or without a CCW, and at your place of business again with or without a permit. So if you run a sales business of some type and handle money often, you may have a gun on your person without a permit. However, if the owner of the business says no way, then you may not.
    No free man shall ever be debarred the use of arms.
    -Thomas Jefferson

    Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.

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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by cmdrdredd View Post
    You are allowed to walk around in your home with a firearm with or without a CCW, and at your place of business again with or without a permit. So if you run a sales business of some type and handle money often, you may have a gun on your person without a permit. However, if the owner of the business says no way, then you may not.
    I am curious about the without a permit part as well, then, because Florida statute 790.25 also contains this:
    (2) USES NOT AUTHORIZED.--

    (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.
    So, maybe I am dense, but I don't see where that statute would allow an employee to carry a concealed firearm without a license in a bar with the bar owner's permission. I can sort of see it with a license.

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    VIP Member Array HKinNY's Avatar
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    Quote Originally Posted by Smoak View Post
    The owner would not be acceptable of me having a gun as they are very liberal people. However, the owner is never there at night, so as long as it is legal and it does not mention anything in the policy, I should be fine, right?
    You can only assume that the boss would tell you no without sitting down and asking. Would you go against your bosses wishes if he told you no firearms allowed? How long have you worked there? Do you call in sick often or are you a model employee?

    Where the other business robbed during working hours or after closing?

    Are you responsible to take the nightly receipts to the bank? Or Are you worried about your personal safety?

    Have you hung out with your boss after hours in his home?

    To DC Florida members:: Would leaving the firearm locked up in an employee locker room be allowed under the law?

    You could ask Jack what not to do. J/K

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    Distinguished Member Array Rugergirl's Avatar
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    If the employer doesn't allow you to carry while working, perhaps arrangements can be made to keep it in a safe in the building, still allowing you to have it when you are leaving and walking to your vehicle?
    It would be a comprimise but better than nothing.
    Disclaimer: The posts made by this member are only the members opinion, not a reflection on anyone else, nor the group, and should not be cause for anyone to get their undergarments wedged in an uncomfortable position.

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    Ex Member Array NavyLT's Avatar
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    This lawyer's take on the employee carrying concealed is basically that the law is ambiguous, state prosecutors say that the law does not extend to employees only to owners, and that there has been no court ruling on it. So, I guess the answer would be concealed is concealed, but if someone official makes a stink about it, it's a roll of the dice if you are only an employee and not the owner.

    Can a Person in Jacksonville, Florida Legally Carry a Concealed Gun at His/Her Place of Business? :: Jacksonville Criminal Lawyer Blog

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    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by NavyLT View Post
    I am curious about the without a permit part as well, then, because Florida statute 790.25 also contains this:


    So, maybe I am dense, but I don't see where that statute would allow an employee to carry a concealed firearm without a license in a bar with the bar owner's permission. I can sort of see it with a license.
    OPEN carry

    Not concealed. I am allowed as a business owner to have a holster with a firearm in plain view while in my own business if I choose to do so.
    No free man shall ever be debarred the use of arms.
    -Thomas Jefferson

    Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.

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    Senior Member Array rolyat63's Avatar
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    Quote Originally Posted by Rugergirl View Post
    If the employer doesn't allow you to carry while working, perhaps arrangements can be made to keep it in a safe in the building, still allowing you to have it when you are leaving and walking to your vehicle?
    It would be a comprimise but better than nothing.
    This could be especially true if you punch a clock or log your time. This is that gray area. Although you are off the clock they owner/employer has some (and so does the employee) liability/responsibilitiy to provide for the employees safety while on company property. If they do not provide parking I'd use that as one of my arguments with the employer/owner.
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