I have a law question for CCW

mclovinmclovin Posts: 56 Deckhand
I've been searching for the past hour looking for a law about where I can carry.

Here's the situation: my company has a policy that no weapons are allowed in the building. It is not posted anywhere for general public to see it though, so employees cannot have weapons, but anyone who comes in the building and doesn't work for the company can.

This seems like a violation of the Second Ammendment. I know in Utah you can take your CCW anywhere that it's not actually posted no weapons in the building, but I'm not sure of the Florida statutes and I'm having a really hard time finding them.

If anyone can provide info on this I'd really appreciate it. Thanks.

Replies

  • RedBaronRedBaron Posts: 6,781 Officer
    I believe you can legally carry the firearm to your place of employment just like the customers......and your company can legally fire you for doing so.
    Come to Forced Sex University where you can **** women for free!!!
  • mclovinmclovin Posts: 56 Deckhand
    Ha! I think I can legally sue them for violation of my second ammendment rights too, but I'm not sure. Thanks lol.
  • Larry MacLarry Mac Posts: 5,440 Admiral
    RedBaron wrote: »
    I believe you can legally carry the firearm to your place of employment just like the customers......and your company can legally fire you for doing so.

    Pretty sure RBI is correct here. A fairly well known employer with mouse ears does not allow employees with firearms and did indeed fire one 2-3 years ago for violating their policy
  • mike_smike_s Posts: 388 Deckhand
    RedBaron wrote: »
    I believe you can legally carry the firearm to your place of employment just like the customers......and your company can legally fire you for doing so.

    True. Happened at my previous employer. One of the IT guys used to carry when he worked an extended shift into the early morning. He made the mistake of mentioning it to someone who told someone who ...... HR met him one evening when he was packing and sent him packing. Rumor had it that the CEO always wore an ankle holster. Go figure.
  • RedBaronRedBaron Posts: 6,781 Officer
    mclovin wrote: »
    Ha! I think I can legally sue them for violation of my second ammendment rights too, but I'm not sure. Thanks lol.

    Nope. A private company is allowed to set policies for employment which you agree to when you accept their offer of employment. You violate them, you get fired....has nothing to do with your 2nd Ammendment rights.

    There is a current law that prevents the employer from disallowing you from having a firearm in the company parking lot. There are many exceptions though.
    Come to Forced Sex University where you can **** women for free!!!
  • 1FSM1FSM Posts: 114 Officer
    Some companies like mine has an officially written policy of no personal guns in the office (doesn't say anything about the parking lot) which I belive is dictated by the company's insurance policy. However, there are several of us who carry in the office everyday but we know enough to keep our mouth shut and not show the piece to anyone. I'm sure the upper management knows we carry but they don't seem to care as long as we don't tell anyone and they don't go around asking.
  • mclovinmclovin Posts: 56 Deckhand
    Thanks for the information guys. I know in the case of Disney they have a sign at every public entrance saying no weapons of any kind are allowed inside. In Utah that's the requirement.

    RedBaron, that's a good point. I did sign their document. I suppose in that case you're right. I'm violating what I signed off on. Anyone else doesn't work here, so it's cool if they bring a gun in.

    I suppose what it comes right down to is this: when they call me at night and say one of the doors isn't shut tight I'm going to tell them to call the police instead and I'll lock myself in the secure room until the police inform me the building is cleared. I know 99.9% of the time someone just didn't close the door tight, but I'd hate to find out it's the .01% and not have my CCW on me. Getting shot in the face is not high on my bucket list.
  • bandit100377bandit100377 Posts: 460 Officer
    Florida law states that they cannot prohibit you from having a weapon in your car but they can set policy for employees and fire you if you violate their rules. I would say if you are worried about being shot at work, it's time to find a new job.
  • FloridaODFloridaOD Posts: 2,972 Captain
    mclovin wrote: »
    Ha! I think I can legally sue them for violation of my second ammendment rights too, but I'm not sure. Thanks lol.

    Concealed weapon carry is not a "Second Amendment Right" ( yes,not even per recent Supreme Court Decision,study the details,reference to legitimate gun regulation)

    A state right,granted by the Citizen's government,but not solely a 2nd Amendment Right.

    I used to work for a company that had No Weapons Policy. Many of us ignored/violated the policy.After all,we were in Florida's Murder leader.....Duval County !!!! And in the thick of things.

    Then there is the discussion about "Policy" and "Rule".
    Hunters are present yet relatively uncommon in Florida :wink
  • Bottom LinesBottom Lines Posts: 1,101 Officer
    1FSM wrote: »
    Some companies like mine has an officially written policy of no personal guns in the office (doesn't say anything about the parking lot) which I belive is dictated by the company's insurance policy. However, there are several of us who carry in the office everyday but we know enough to keep our mouth shut and not show the piece to anyone. I'm sure the upper management knows we carry but they don't seem to care as long as we don't tell anyone and they don't go around asking.

    Same here, and I know that the boss of all bosses with my firm knows that I carry... Not sure if he's aware of the others or not, but that's none of my business...:grin
  • bandit100377bandit100377 Posts: 460 Officer
    better to need it and have it and then be fired than to need it and not have it and then be dead.
  • DoradoDreaminDoradoDreamin Posts: 1,818 Captain
    In Florida, if the company doesn't want you to carry and they want to be 100% certain they can win a court case, they have to have both a policy of no firearms in the building AND they have to post signs. The signs went up in my offices about 9 months ago. They cannot stop you from having it in the parking lot except in certain circumstances.
  • huntmstrhuntmstr Posts: 6,284 Admiral
    Correct. The case involving the house of mouse was lost by the employer because the employee never brought the weapon in to the building but instead left it in his car. Florida law holds that your vehicle is an extension of your home and that no one is allowed to exempt you from lawfully keeping a weapon in your vehicle. The only exceptions to this law are schools (1000 foot minimum from weapons) and facilities which house class 3 explosives. Mouseville claimed exemption under the explosives exception. They were found to be in violation of the employee's rights since he was security guard at the animal park within the mouse complex and no explosives or fireworks were stored on that portion of the premises. Further, the court ruled that no employer had the right to search their employee's vehicles or demand that they allow a search. He won an undisclosed amount of money in the end for wrongful termination. NRA was key in defending his rights as a gun owner.
    Bushnell, Primos and Final Approach Pro Staff. Proud member of the Fab Five, Big Leaugers and Bobble Head 4.

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  • MCTShooterMCTShooter Posts: 30 Greenhorn
    Under FL Statute 790 http://http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.251.html an employer cannot prohibit anyone from having a firearm in a private vehicle. A company car is company property and falls under company policy.

    A sign on a place of business stating No Firearms Allowed does not make it illegal to carry a concealed firearm at that place of business. If it isn't on the FL list of prohibited places, you are not breaking the law. If the business owner asks you to leave because he/she discovers that you have a firearm then you must leave or you may be charged with armed trespassing (a felony).
    "Owning a handgun doesn't make you armed
    any more than owning a guitar makes you a musician"

    Jeff Cooper

    http://mctshootingacademy.com
  • DoradoDreaminDoradoDreamin Posts: 1,818 Captain
    MCTShooter wrote:
    Under FL Statute 790 A sign on a place of business stating No Firearms Allowed does not make it illegal to carry a concealed firearm at that place of business. If it isn't on the FL list of prohibited places, you are not breaking the law. If the business owner asks you to leave because he/she discovers that you have a firearm then you must leave or you may be charged with armed trespassing (a felony).

    Just to be clear, we were talking about an employee at their companies place of business and the company can keep you from bringing your CW into the office but they cannot stop you from having it in the car as discussed. I believe you are talking about carrying into a public place of business as a consumer which is different. Correct?
  • bonebone Posts: 1,032 Officer
    I dont want anyone bringing a gun to my work or home because carrying a permit does not mean your safe and sane. Protect yourself but when on someone elses property respect them and their safety. Remember that handgun owners are much more likely to shoot themselves or a family member then an attacker. It has nothing to do with the 2nd Amend. It has to do with the civil liberties of property owners ie. business owners.
  • AllenRAllenR Posts: 2,682 Captain
    bone wrote: »
    I dont want anyone bringing a gun to my work or home because carrying a permit does not mean your safe and sane. Protect yourself but when on someone elses property respect them and their safety. Remember that handgun owners are much more likely to shoot themselves or a family member then an attacker. It has nothing to do with the 2nd Amend. It has to do with the civil liberties of property owners ie. business owners.
    Gonna have to disagree partner. At least carry permit holders have been back ground checked, have received training, and finger printed. Granted some cookoo's get thru the system, but for the most part permit holders are good guys and safe. Most firearm accidents happen from irresponsible gun owners who have no training or comprehension of safety. Or those who are irresponsible and let their kids get ahold of them.

    If you invited me over to your home to have dinner and watch a ballgame, you would NEVER know I was carrying. For one, it is properly concealed. Secondly, I wouldn't brandish it to anyone. Then again, if you asked me at the door if I was carrying, I would just leave as I probably wouldn't want to be in your home regardless
  • paranoid.androidparanoid.android Posts: 95 Greenhorn
    AllenR wrote: »
    Gonna have to disagree partner. At least carry permit holders have been back ground checked, have received training, and finger printed. Granted some cookoo's get thru the system, but for the most part permit holders are good guys and safe. Most firearm accidents happen from irresponsible gun owners who have no training or comprehension of safety. Or those who are irresponsible and let their kids get ahold of them.

    If you invited me over to your home to have dinner and watch a ballgame, you would NEVER know I was carrying. For one, it is properly concealed. Secondly, I wouldn't brandish it to anyone. Then again, if you asked me at the door if I was carrying, I would just leave as I probably wouldn't want to be in your home regardless

    +1
  • bonebone Posts: 1,032 Officer
    I carry when need be. Like driven through Miami. But if you gotta take a gun to work or to a buddys' house to think you are safe, ( or tough ), then you are paranoid and probably should not have a permit at all.
  • paranoid.androidparanoid.android Posts: 95 Greenhorn
    There are many things that could result in you or I wishing we were carrying at work, on your way to/from work, or a buddy's house.
    Better to have and not need than the alternative.

    And the 2nd Amendment has nothing to do with property owners and their rights, but rather the right of "We the People" to keep and bear arms.
    However, if you as a property owner have a friend or any other person over that is lawfully carrying concealed, you discover that they are carrying, and ask them to leave, that it well within your right as a property owner.
    It's up to you to do what's best for you and your family on your property. It's up to them to properly/safely conceal their weapon and only make it known if/when legally appropriate.
  • MCTShooterMCTShooter Posts: 30 Greenhorn
    Just to be clear, we were talking about an employee at their companies place of business and the company can keep you from bringing your CW into the office but they cannot stop you from having it in the car as discussed. I believe you are talking about carrying into a public place of business as a consumer which is different. Correct?

    Correct! Sorry for any confusion. A company can (and many do) have policies that prohibit employees from having firearms in the place of business but under FL Staute 790 an employer cannot prohibit an employee from having a firearm in their personal vehicle.
    "Owning a handgun doesn't make you armed
    any more than owning a guitar makes you a musician"

    Jeff Cooper

    http://mctshootingacademy.com
  • FCHCFCHC Posts: 207 Officer
    bone wrote: »
    I carry when need be. Like driven through Miami. But if you gotta take a gun to work or to a buddys' house to think you are safe, ( or tough ), then you are paranoid and probably should not have a permit at all.
    I would like to believe that the mentality of the above quote is not for the majority of us who carry a firearm.. Should i even make a comment regarding this "Mentality" or is it a waste of my time?
  • BigredoneBigredone Posts: 57 Deckhand
    My job is as a Real Estate & Security Manager for a large company. My understanding of Florida Law is the company can have a policy of not allowing weapons inside the building, and can terminate you for bringing in weapons. However, if the parking lot is not secured you may keep a weapon inside your vehicle. This means, if one works at a power plant that has a gated parking lot (or, like I have been told, Blue Cross In Jax) then the company can state there will be no weapons in the parking lot and terminate you if you bring one, inside your vehicle, on to the lot. The idea being that if a customer could drive up into the parking lot, then the lot was, generally speaking, open to the public. However, if the lot was gated, then the "no weapons" restriction could be invoked. Solved the issue for some critical infrastructure facilities.
  • Derek ArsuaDerek Arsua Posts: 2,474 Officer
    Well the way I would interpret this situation is if they say no weapons to you as an employee than that's there policy it has nothing to do with our second amendment right to own and bare arms. I'm lucky enough to work for a privately owned business and the boss dosnt care he also has a carry permit along with the GM and our inspector I carry all day every day at work and anywhere else it is acceptable the store gas station bank etc. fact of the matter is there policy is no weapons are to be in the building in the possession of employees that is there right to do same as you can not carry in an airport or government building of any kind besides I believe the library allows you to now. Also not allowed at sporting events or where there may be 2 opposing sides and school properties. Theres a saying I try to live by and that is when in doubt don't and that applies to all aspects in life not just carrying a weapon.

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