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31st May 2008, 5:56am
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#1 | | ☠{LºVè •I§•Mu®dË®}☠
Join Date: May 2008 Location: Dirty South
Posts: 34
| "Take Your Gun to Work" law. yeahh go U .S. F-EN A USA
May 6 2008
On April 15, 2008, Florida Governor Charlie Crist signed into law Florida
Statute §790.251 over the objections of several business associations and
companies. While the bill is formally titled "The Preservation and
Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of
2008," pundits have dubbed the legislation the "Take Your Gun to Work" law.
The new law, already the subject of a federal lawsuit, could potentially
alter the workplace for any company with Florida facilities and operations.
The substance of the new law prohibits a business or employer from
precluding employees (including independent contractors) , customers and
other invitees from bringing concealed firearms onto business property, such
as a parking lot, providing the bearer has a valid permit for the weapon and
the firearm is stored out of sight. Additionally, the law prohibits
employers and business operators from making inquiries regarding the
presence of a firearm in a motor vehicle on the business property or
searching the vehicle to ascertain the presence of a firearm. Employers are
also prohibited from conditioning an offer of employment on the fact that an
applicant does or does not have a permit to carry a firearm, and may not
require an employee to refrain from lawfully keeping a firearm in their
personal vehicle. Most notably, the law prohibits an employer from
terminating or "otherwise discriminating" against an employee or customer
for possessing a firearm so long as the firearm is not exhibited on company
property for "any unlawful purpose." The law applies exclusively to firearms
and ammunition and not to other types of weapons such as knives or
explosives.
Certain types of businesses such as schools, nuclear power plants, national
defense contractors and properties where explosives or combustible materials
are located are exempt from the law. Remarkably, businesses such as day care
centers, hospitals, nursing homes, restaurants and shopping malls are not
exempt. Employers or business operators who violate the new law are subject
to suit by the state's attorney general or by private individuals.
Employers with facilities in Florida should be aware that under the
provisions of the new law they can no longer enforce policies that prohibit
employees with valid permits from bringing firearms into facility parking
lots. Moreover, as the law is written, employers cannot discipline an
employee with a valid permit for carrying a concealed weapon into the actual
business facility. Employers may still have a policy that prohibits an
employee from carrying a firearm into its facility, but employers will no
longer be able to discipline the employee if she or he violates that policy.
The law does provide some measure of protection for employers and business
operators by immunizing them from civil liability for any incident that
arises directly from their compliance with the law. However, the statute
does not provide immunity to individual managers, supervisors or directors,
and it does not address immunity for an employer who had warning of an
employee's propensity for violence. Moreover, the new law creates a
significant problem for employers who are trying to comply with the federal
Occupational Safety and Health Act (OSHA). OSHA requires an employer to
eliminate hazards from the workplace that create risk of death or physical
harm. Employers who do not comply with OSHA face stiff consequences from the
federal government. The new Florida statute puts employers in an
uncomfortable situation of trying to comply with both a state and federal
law that are in sharp contrast to each other.
On April 21, 2008 a group of Florida-based business associations and the
state's chamber of commerce filed a lawsuit in federal court seeking to have
F.S. §790.521 declared unconstitutional. Until the matter is resolved in the
courts, however, employers with facilities in Florida should revisit their
handbooks and workplace violence procedures to assess compliance with the
new law.
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31st May 2008, 8:37am
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#2 | | Decaying Moderator
Join Date: Mar 2005 Location: SPARTA!
Posts: 6,248
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A cheers for your input there rahter than just a copy and paste job (Y) |
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31st May 2008, 8:33pm
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#3 | | ☠{LºVè •I§•Mu®dË®}☠
Join Date: May 2008 Location: Dirty South
Posts: 34
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A don't hate hahahhaha lammmeeee and for yours lol
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31st May 2008, 9:28pm
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#4 | | Random Abstract
Join Date: Apr 2007 Location: US
Posts: 103
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A There is also a law here that makes it legal to discharge a firearm if you feel that you or your property are in eminent danger. http://www.alternet.org/story/59584
Undoubtedly again this election season, we will probably see candidates pandering to the gun lobby. Obama drew fire initially by suggesting at a San Francisco fundraiser that people in poor rural areas cling to religion and guns in their bitterness with their impoverished state. I'm sure that we will see commercials from McCain touting his hunting skills.
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2nd June 2008, 5:33am
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#5 | | riot of fish
Join Date: Jun 2008
Posts: 5
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A I don't know about you folks, but i rather like the idea that i can take a gun to work. You never know when you might have to gun down some incompetent co-workers and idiotic supervisors. I may just pick up my things and move to Florida! It's not far, after all. |
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2nd June 2008, 9:06am
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#6 | | Sith Triumvirate Moderator
Join Date: Jan 2005 Location: RFS Ravager
Posts: 16,202
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A Quote:
Originally Posted by detours I don't know about you folks, but i rather like the idea that i can take a gun to work. You never know when you might have to gun down some incompetent co-workers and idiotic supervisors. I may just pick up my things and move to Florida! It's not far, after all. | In a related note, I heard a story recently (no news source unfortunately) about a guy that walked into a bar with an unlicensed gun and started shooting. One of the bar's patrons was an NRA member with a concealed weapons permit, and managed to shoot the guy before he actually killed anyone. |
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2nd June 2008, 9:10am
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#7 | | Strong protect the weak Admin
Join Date: Apr 2001 Location: Glasgow
Posts: 28,199
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A Quote:
Originally Posted by detours I don't know about you folks, but i rather like the idea that i can take a gun to work. You never know when you might have to gun down some incompetent co-workers and idiotic supervisors. I may just pick up my things and move to Florida! It's not far, after all. | When I used to work at other companies there were many days I felt like this  .
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2nd June 2008, 9:12pm
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#8 | | ☠{LºVè •I§•Mu®dË®}☠
Join Date: May 2008 Location: Dirty South
Posts: 34
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A i think everyone has felt like this...mmmmm the thought... vicious 
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2nd June 2008, 9:16pm
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#9 | | rebel hiss
Join Date: Apr 2003 Location: SEXY PARTY!
Posts: 8,820
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A I'd arm every bus driver in Glasgow. |
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3rd June 2008, 12:22pm
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#10 | | Registered Abuser
Join Date: Aug 2004 Location: Location: Locat
Posts: 2,190
| Re: "Take Your Gun to Work" law. yeahh go U .S. F-EN A Quote:
Originally Posted by Erstwhile Obama drew fire ... | I see what you did there.
Cheers!
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