Floridians: Federal judge upholds guns-at-work law: MERGED

This is a discussion on Floridians: Federal judge upholds guns-at-work law: MERGED within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Federal judge upholds guns-at-work law -- OrlandoSentinel.com OrlandoSentinel.com Federal judge upholds guns-at-work law Aaron Deslatte Sentinel Staff Writer 8:35 AM EDT, July 29, 2008 A ...

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Thread: Floridians: Federal judge upholds guns-at-work law: MERGED

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    Member Array CharlieMike's Avatar
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    Floridians: Federal judge upholds guns-at-work law: MERGED

    Federal judge upholds guns-at-work law -- OrlandoSentinel.com


    OrlandoSentinel.com
    Federal judge upholds guns-at-work law

    Aaron Deslatte

    Sentinel Staff Writer

    8:35 AM EDT, July 29, 2008

    A federal judge has dealt a major defeat to Florida's business lobby by upholding the main thrust of a new law allowing employees with concealed weapons permits to take their guns to work.

    The so called "guns-at-work" law was the product of a three-year constitutional clash that pitted the powerful National Rifle Association against equally influential business groups over two basic constitutional concepts: the right of private property and the right to bear arms.

    Lawmakers last spring split the difference and passed a watered-down bill that only allowed employees with concealed-weapons permits to store their weapons in the glove-compartment of their vehicles. But companies like Walt Disney have claimed they are exempt from the law.

    Late last month, Disney World Vice President of Public Affairs Shannon McAleavey advised other company executives in a memo that, with a few exceptions, "this law does not apply to Walt Disney World Co. owned and leased properties" because of language in the law that creates an exception for companies whose primary business is to manufacture, use, store or transport explosives regulated under federal law.

    U.S. District Judge Robert Hinkle said at a public hearing last month that the law was poorly drafted and "stupid," but he announced in his 39-page order late Monday that Floridians with concealed weapons permits had the right to take their guns to work and leave them locked in their vehicles.

    However, he ruled the new law was unconstitutional "to the extent it compels some businesses but not others--with no rational basis for the distinction--to allow a customer to secure a gun in a vehicle."

    Hinkle granted the Florida Chamber of Commerce's request for a preliminary injunction barring enforcement of that part of the law.

    Chamber legislative counsel Adam Babington said the ruling potentially "causes more confusion than it solves" because it would seemingly prevent someone who carries a concealed weapon in the car from stopping at any business other than where they work.

    "This essentiallly says you can take your gun to work and you can drive on the public streets, but you're not entitled to take your gun anywhere else," Babington said.

    NRA lobbyist Marion Hammer said Tuesday morning they were also still reviewing the order.

    Sen. Durell Peaden, a Crestview Republican who helped draft the law, said he mildly surprised by the ruling but expects business groups to appeal the decision.

    "This is just the beginning of the process," he said.

    Copyright © 2008, Orlando Sentinel

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    Member Array Emahevul's Avatar
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    Federal Judge Upholds Guns At Work in Florida


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    Still kind of confusing... what a quagmire!
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    Member Array Emahevul's Avatar
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    Indeed it is. The law really needs to be re-written and clarified.

    Only my opinion, but I am happy about what side the judge came down on.

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    Amazing how stupidly this was drafted, when many in the legislature are also lawyers.

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    Member Array denverbear's Avatar
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    so does the gentlemen who got let go from Disney World get his job back????
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    It seems that the legislators tried to write in some exceptions for some "special friends," and the judge isn't having it...equal protection of the laws and so forth?
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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    What's the difference between an employee and a visitor to Disney world. Both are humans. I could see if Disney wanted no guns at all but to bar only employees from having guns in their cars is just plain wrong and stupid. As I said before, if my employer can protect me on my way to and from work then I might consider not carrying to work.
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    This is just the usual garbage we can expect from lawyers .

    Safe and sane shooting everyone,

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    JACKSONVILLE, Fla.—Employees with concealed weapons permits can keep guns locked in their cars at work in Florida, but businesses are allowed to prohibit customers from bringing firearms on their property, a federal judge has ruled.


    So based on this ruling

    I can take legally my Handgun to the ONE (SINGLE) Place I may work
    But CANNOT take it to the thousands of businesses I may be a patron of if they say no guns for customers?

    Theoretically this actually ends conceal carry in FL if businesses enforce the ruling

    I don't know how FL Gun owners can call this a "Victory"

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    Member Array NKMG19's Avatar
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    Quote Originally Posted by jeffsmith View Post
    So based on this ruling

    I can take legally my Handgun to the ONE (SINGLE) Place I may work
    But CANNOT take it to the thousands of businesses I may be a patron of if they say no guns for customers?

    Theoretically this actually ends conceal carry in FL if businesses enforce the ruling

    I don't know how FL Gun owners can call this a "Victory"
    This bill does not override the existing gun laws we have. This just covers employees who want to have their guns in the parking lot of of their job and not be fired for it. The employer can fire you for anything they want but just not for having your gun in your car.
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    Read the second part of today's ruling

    the judge today said employees cannot be limited to bringing firearmes
    but Customers can be limited !!!

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    Chamber legislative counsel Adam Babington said the ruling potentially "causes more confusion than it solves" because it would seemingly prevent someone who carries a concealed weapon in the car from stopping at any business other than where they work.

    "This essentiallly says you can take your gun to work and you can drive on the public streets, but you're not entitled to take your gun anywhere else," Babington said.
    As I read this, this seems to be Adam Babington's interpretation. I would have to read the judge's ruling directly to see if that's what he said.
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    I'm so glad I live in New Mexico where we have extended dominion. My vehicle is considered an extension of my home. Anything I can legally keep in my house, I may keep in my car, regardless of what big business thinks.
    "First gallant South Carolina nobly made the stand."
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    Member Array jeffsmith's Avatar
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    yeah I am trying to locate the ruling verbatim too
    but don't just trust the Orlando Sentinel version posted here

    I have been looking, and several news organizations report
    that the judge ruled in Favor of Workers but against Customers bringing guns

    I repeat if this is true it is not Good

    According to Judge Hinkle, "First, the state may compel a business to allow a gun to be secured in a vehicle in the parking lot. Second, the statute is valid to the extent it compels a Florida business to allow a worker — if he or she has a permit to carry a concealed weapon—to secure a gun in a vehicle in a parking lot. Third, the statute is unconstitutional to the extent it compels some businesses but not others — with no rational basis for the distinction—to allow a customer to secure a gun in a vehicle. Fourth, the plaintiffs have met the prerequisites to entry of a preliminary injunction barring enforcement of the unconstitutional portions of the statute."

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