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Discussion Starter #1

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my question is, as per the statute: is a holstered firearm securely encased with velcro straps legal?
 

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As a strong Constitutional conservative, I believe it is the employer's right to make whatever rules they want about firearms on the job. If their policy sucks, their business will fail. As far as them firing him for the events that unfolded, that to me would be wrong. If their policy wasn't written correctly and didn't address the scenario that they themselves put their employee in by not providing him with a company vehicle while one was being repaired, then it would be a catch 22 and that is always wrong.

It was their error when they weren't clear about their policy, so their employee shouldn't be on the hook.
 

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The parking lot law was a good start for employees. Now they need a law to protect employees from being fired for defending themselves against company policy.
 

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Discussion Starter #5
I've seen those from Uncle Mike. I believe so.

my question is, as per the statute: is a holstered firearm securely encased with velcro straps legal?
 

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Do I agree he could be fired? Absolutely.
Do I believe it's "wrong"? Absolutely.
My company, similarly, prohibits firearms at work. I want to keep my job. I don't carry at work.
Could I "get away with it" and carry perhaps a small, single-stack 9? Absolutely.
Do I think this situation sucks 100%? Absolutely.
 

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Sorry for being the dummy here but what is the parking lot law?
Allows employees with a CWFL to keep a firearm in their locked vehicle on company property without being fired for it.

Click ---> here
 

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Sorry for being the dummy here but what is the parking lot law?
Please don't think of yourself as "the dummy" ... the whole point of this forum is for us all to learn... none of us know it all.

Never be shy about asking questions here... as you see joecarry was along right away with the answer -- that's how it works.
 

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Remember, FL is an at will state, you can be fired for any and no reason.
 

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Once again, this is much ado about nothing. The fact that anyone not covered by a binding employment contract can be terminated for absolutely no reason at all is a fact of life. It is inferred from Mr. Buckley's blog that Waste Pro took no action against Mr. Goss for being armed. Could they have fired him for being armed? Yes. Could they have fired him for the way he parted his hair? Yes. Did they? No. Did Goss need a firearm to protect himself in this instance? Possibly. But not necessarily.

The point is that in Florida you can be terminated for breaking any company rule or regulation. So, if you don't like the rules work somewhere else.
 

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I went back to 790.251 to refresh my memory on a few points of the "Parking Lot Law" and found something interesting.....

"4) PROHIBITED ACTS.—No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e):
(a) No public or private employer 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 employer may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm inside or locked to 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 employer 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 employer 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 public or private 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 or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes.
(d) No public or private 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 private 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 private motor vehicle.
(e) No public or private 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."

Interesting. Does this clause mean that Goss could not be fired since he exhibited his handgun for lawful defensive purposes? Could be a new twist to the "at will" employment law of Florida. A bit of a contradiction here if I interpret 790.251 correctly.

What are your thoughts on this, Patrick?

Beers y'all,
Ken
 

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But, Hodawg, this thread isn't about Parking Lot Law... it's about actually carrying the gun on you at work (not locked in your car) --- VERY different.
 

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But, Hodawg, this thread isn't about Parking Lot Law... it's about actually carrying the gun on you at work (not locked in your car) --- VERY different.
Well it may very well could have alot to do with the take your Gun to work law. Think about it for a second you drive your vehicle to work only to find out the company vehicle you use is in the shop now your asked to use your vehicle. You are intact allowed by law to bring your gun to work in your vehicle. Just saying.

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Well it may very well could have alot to do with the take your Gun to work law. Think about it for a second you drive your vehicle to work only to find out the company vehicle you use is in the shop now your asked to use your vehicle. You are intact allowed by law to bring your gun to work in your vehicle. Just saying.

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Completely agree I can bring my gun and keep it in my car... in fact the current wording of the parking lot law is quite strong and supportive of 2A including the "legislative intent" section at the front
 

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Completely agree I can bring my gun and keep it in my car... in fact the current wording of the parking lot law is quite strong and supportive of 2A including the "legislative intent" section at the front
True and what vehicle was he driving? His own personal vehicle.

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But, Hodawg, this thread isn't about Parking Lot Law... it's about actually carrying the gun on you at work (not locked in your car) --- VERY different.
You're absolutely correct, SIG. 790.251 does not directly apply to Mr. Goss's situation. What I was getting at in my post is that there is a state law that seems to preempt Florida's "at will" employment laws by gauranteeing an individual's 2nd Amendment rights. If that's the case, wouldn't the premise of the law contend that an employer has no right to restrict an employees right to self defense if the weapon is not exposed, "as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes." I'm just saying that this clause in 790.251 makes for an interesting precedent for future legislation which could prohibit an employer from applying the same restrictions to weapons on your person, not just in your vehicle.

Beers Hoss,
Ken
 

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You're absolutely correct, SIG. 790.251 does not directly apply to Mr. Goss's situation. What I was getting at in my post is that there is a state law that seems to preempt Florida's "at will" employment laws by gauranteeing an individual's 2nd Amendment rights. If that's the case, wouldn't the premise of the law contend that an employer has no right to restrict an employees right to self defense if the weapon is not exposed, "as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes." I'm just saying that this clause in 790.251 makes for an interesting precedent for future legislation which could prohibit an employer from applying the same restrictions to weapons on your person, not just in your vehicle.

Beers Hoss,
Ken
Ken I'm curious why wouldn't it apply to goes if he was driving his POV?
Scratch that I guess the point I missed was that the gun was on him?
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Allows employees with a CWFL to keep a firearm in their locked vehicle on company property without being fired for it.

Click ---> here
So if you don't have a license, then you can be fired? OK. But this is kinda crappy. After all, you don't need a license to carry a firearm in your car in FL. Sort of discriminatory against those without a CWFL.
 

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I went back to 790.251 to refresh my memory on a few points of the "Parking Lot Law" and found something interesting.....

"4) PROHIBITED ACTS.—No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e):
(a) No public or private employer 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 employer may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm inside or locked to 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 employer 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 employer 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 public or private 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 or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes.
(d) No public or private 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 private 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 private motor vehicle.
(e) No public or private 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."

Interesting. Does this clause mean that Goss could not be fired since he exhibited his handgun for lawful defensive purposes? Could be a new twist to the "at will" employment law of Florida. A bit of a contradiction here if I interpret 790.251 correctly.

What are your thoughts on this, Patrick?

Beers y'all,
Ken
Does 4(a) above mean that anyone who is legal to carry a gun can indeed, then, have it locked in a car (even if loaded and properly stored--securely encased, etc.) regardless of their license to carry concealed?
 
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