Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

ALERT: INFORMATION SHEET ON “Guns-at-Work” RULING!

Wednesday, July 30, 2008

National Rifle Association & Unified Sportsmen of Florida

INFORMATION SHEET


Federal Judge Hands Huge Defeat to
Florida Business Lobby on "Guns-at-Work" law



The Florida Chamber of Commerce and The Florida Retail Federation argued for three years that business owners had an absolute right to control their employees.  That's why they kept calling it the "take-your-guns-to-work" legislation. 

They claimed they could search employee vehicles and ban firearms from those vehicles in the employer's parking lot.  They claimed businesses didn't care if customers had guns in cars, they only cared about their right to control employees.  When the legislature passed the law protecting the rights of workers, The Florida Chamber of Commerce and the Florida Retail Federation filed a lawsuit in federal court asking the Court to throw out the law.

They argued that the law requiring businesses to allow guns in vehicles in their parking lots constituted an unconstitutional "taking" of their property.  In court, the federal judge ruled against them – THEY LOST.

They argued that OSHA regulations require them to provide a safe work environment for their workers, which required them to bans guns in parking lots to comply with OSHA requirements.  In court, the federal judge ruled against them – THEY LOST.

They argued that, as employers, they had an absolute  right to control the conduct of their employees and could ban guns from employee vehicles in company parking lots while employees were at work.  In court, the federal judge ruled against them – THEY LOST.

Those are the three points argued by the Chamber and the Retail Federation.  THEY LOST ON ALL THREE POINTS.

At the hearing and in his ruling, the judge complained about language drafted by the legislature saying that it doesn't give businesses clear guidance on whether the laws allows business owners to ban customers from having guns in their cars in parking lots.  Rather that clear up the confusion according to the intent of the legislature, he ruled that businesses can prohibit customers from keeping guns in their in the parking lot.

CURRENT STATUS:

The judge upheld the new NRA-supported law. 

If a business has a gun ban policy, employees who possess a valid Concealed Weapons License are exempt from the gun ban policy and cannot be fired for exercising their gun rights.

If a business has a gun ban policy and no employee has a valid CW license, then that business can also ban customers from having guns locked in their vehicles in the parking lot while they shop or conduct business.

A business may not search vehicles to see if a person has a  firearm; may not ask if a person has a firearm in the vehicle; may not ask if a person has a CW license.

PRACTICAL EFFECT:

Before the law passed, employees had no protection from anti-gun employers.  They had no recourse.  They had to give up their firearm and self-defense rights or be fired.  They now have protection. WORKERS WON – BUSINESS LOBBY LOST

Due to the judge's ruling based on inartful language, business owners can post signs notifying customers that they are prohibited from having firearms locked in their vehicles while in the parking lots.  CUSTOMERS DON'T HAVE TO PATRONIZE A BUSINESS THAT DOESN'T RESPECT THEIR RIGHT TO KEEP A GUN IN THEIR CAR – THEY CAN SPEND THEIR MONEY ELSEWHERE – CUSTOMERS WIN – BUSINESS LOSES

Spokespersons for the Florida Chamber and the Florida Retail Federation are claiming victory, praising the judge for ruling that businesses can keep customers from having firearms in their vehicles in parking lots.  It remains to be seen if business owners will agree that they won anything.  They probably wish the Florida Chamber and the Florida Retail Federation would just shut up and quit alienating customers.

Our position is: Big Business lost.  The People won. 

Prepared by The National Rifle Association of America & Unified Sportsmen of Florida


July 30, 2008

TRENDING NOW
California: Draft "Assault Weapon" Regulation Language Now Available

Thursday, May 18, 2017

California: Draft "Assault Weapon" Regulation Language Now Available

Today, May 18, a draft copy of the "Assault Weapon" regulations has been made available

Federal Lawsuit Challenging California’s Ban on Standard Capacity Magazines Filed

Thursday, May 18, 2017

Federal Lawsuit Challenging California’s Ban on Standard Capacity Magazines Filed

Today, May 18, the National Rifle Association Institute for Legislative Action (NRA-ILA) announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s ban on the possession ...

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

News  

Friday, May 19, 2017

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

We have yet to reach Memorial Day, but the fun police have already set their sights on at least one cherished summer childhood activity. In an article for Pupsugar.com, titled, “Why Kids Should Never Play ...

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Bloomberg's Everytown Creates "Authors Council" to Push Anti-Gun Propaganda

News  

Friday, May 19, 2017

Bloomberg's Everytown Creates "Authors Council" to Push Anti-Gun Propaganda

As if the country’s media weren’t already sufficiently co-opted by anti-gun advocates, this week, Michael Bloomberg’s Everytown for Gun Safety announced an effort to pervert an additional facet of American entertainment. The billionaire bank-rolled interest group has ...

New York: Outrageous Insurance Bill Headlines Long List of Anti-Gun Bills

Monday, March 13, 2017

New York: Outrageous Insurance Bill Headlines Long List of Anti-Gun Bills

The yearly onslaught of anti-gun legislation in the Empire State is concrete proof that anti-gun politicians will never be satisfied until guns are completely banned.  Even though Albany lawmakers passed arguably the nation’s harshest gun ...

Nevada: Anti-Gun Bills Fail to Pass Second Chamber Policy Committee Deadline

Friday, May 19, 2017

Nevada: Anti-Gun Bills Fail to Pass Second Chamber Policy Committee Deadline

Today, May 19, was the second chamber policy committee deadline.  Two anti-gun bills, Senate Bill 115 and Senate Bill 387, both failed to pass out of the Assembly Judiciary Committee and are now dead for the 2017 legislative ...

Illinois: Last Chance to Save your Local Gun Dealer!

Tuesday, May 2, 2017

Illinois: Last Chance to Save your Local Gun Dealer!

The Illinois House of Representatives may consider Senate Bill 1657, legislation that could put your local gun dealer out of business, at any time! It is imperative that you contact your state Representative IMMEDIATELY and ...

California: Department of Justice Submits Assault Weapon Regulations to Office of Administrative Law

Monday, May 15, 2017

California: Department of Justice Submits Assault Weapon Regulations to Office of Administrative Law

Today, May 15, the California Department of Justice (DOJ) submitted draft regulations on "Assault Weapons" to the Office of Administrative Law (OAL).  

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.