Bob, you are right as rain on this one. They will likely eat it on the inquiry regarding weapons in your car and if they attempt to search your car. The statue is one we refer to as “self enforcing”. The statute awards attorneys fees and costs to the prevailing party. I can see a declaratory action pretty quickly abolishing their company policy and awarding nominal damages to the plaintiff along with their fees and cost.
You need several things in a lawsuit. You need a duty, a breach of the duty, damages, causation which is the relationship between the breach of the duty and the occurrence of the damages. The extremes would be if someone got carjacked and killed on the way home because they didn’t have their pistol, the damages would be enormous. If the damages were “you asked me if I had a gun in the car and the statue says you can’t“ the damages would be more nominal.
That’s what I referred to above regarding the statue being “self enforcing”. The legislature puts a provision in allowing the prevailing party to get attorneys fees and that would encourage a better attorney to take the case even if the damages were smaller.
As far as searching people coming in the building, they could probably get by with a metal detector like they have at emergency rooms because the statue doesn’t protect folks as they enter the building.
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