azagthoth

I'm reading House Bill 503 and section 2e looks to me to be saying that employers can not fire employees who lawfully carry a conceal weapon as long as the weapon is never displayed except in the course of self defense. Most other sections specifically mention guns locked in cars whereas 2e does not and just states "exercising his or her constitutional right to keep and bear arms". This doesn't sound right to me based on all the other information I've seen on this bill. Is this right? What am I missing?

Here's section 2 from the bill

(2) prohibited acts.--no public or private entity may violate the
Constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e):
(a) no public or private entity may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area.
(b) no public or private entity may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm inside a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, no public or private entity may take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes. A search of a private motor vehicle in the parking lot of a public or private entity to ascertain the presence of a firearm within the vehicle may only be conducted by on-duty law enforcement personnel based upon due process and must comply with constitutional protections.
(c) no employer shall condition employment upon either:
1. The fact that an employee or prospective employee holds or does not hold a license issued pursuant to s. 790.06; or
2. Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside a motor vehicle when such firearm is kept for lawful purposes.
(d) no employer shall prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the employer's place of business because the customer's, employee's, or invitee's motor vehicle contains a legal firearm, being carried for lawful purposes, that is out of sight within the customer's, employee's, or invitee's motor vehicle.
(e) no employer may terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee, for exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes. This subsection applies to all public-sector employers, including those already prohibited from regulating firearms under the provisions of s. 790.33.

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Rob

Cthulhu

I mentioned that part (or a similar) bit a while ago, noting that this portion of the bill does not specify PARKING LOT, but the more general PROPERTY instead.

Loophole test case time?

Would love to hear Gutmacher's take on it.

-JT

David in FL

I agree. I'm sure he'll eventually post something on his website. May take awhile for him to wade through it all too though.....

Here's the site for anyone interested.


ORLANDO CRIMINAL DEFENSE ATTORNEY | AGGRAVATED BATTERY DEFENSE LAWYER JON H. GUTMACHER, Esq.

azagthoth

The link to the law I posted is from his bog. I posted a comment there asking the same question. We'll see if he responds.

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Rob

Tally XD

I too noticed this "loophole" a few weeks ago when the new version of this Bill came out. I also discussed it at leangth with a coworker and in the end it seems to make sense that the bill is written strongly around leaving the gun in the car. The other parts about unlawful display and such are connected to this main bill.

After all, once the gun leaves your car, it then truly IS on the company's property where they still have the right to not allow guns.

azagthoth

Since others were curious about this as well, here's the answer Jon Gutmacher posted on his blog:

Orlando Criminal Lawyer: House Bill 503 -- Guns in Parked Vehicles Passes!

"I've read some of the comments to this -- and must warn you that the law only applies to guns in parked vehicles. It does not apply to carry or use outside the vehicle unless it happens in an act of self defense. That is very clear in the legislative preamble. If you "carry" against the policy of your employer -- this Act does not protect you -- unless you had to retrieve the firearm for an actual self defense situation."

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Rob