florida gun control, florida gun law, florida gun work law

Judge Upholds Florida’s ‘Take Your Gun to Work’ Law

July 29, 2008 05:12 PM
by Denis Cummings
A district court judge upheld the right of employees to keep guns in their cars at work, but struck down provisions extending the same right to customers and other visitors.

30-Second Summary

U.S. District Judge Robert Hinkle ruled that employers cannot ban employees from taking their gun to work, but may ban customers and other visitors. He also said that the law was poorly worded and might not survive future challenges.

On July 1, Florida put a law into effect giving workers, customers and invitees the right to bring their guns onto business property, provided that it is concealed and locked in their cars. It forbade businesses from banning guns on their property, inquiring about gun possession or searching cars for guns.

The law’s supporters, most notably the National Rifle Association, contend that it gives residents the ability to protect themselves at and on the way to work. They also feel that gun owners have a right to carry guns to work under the Second Amendment.

The law faced opposition from gun control advocates, who argue that they will lead to more gun violence, and business interest groups, who believe that they violate their Fifth Amendment property rights.

The decision comes just over a month after a landmark Supreme Court decision struck down the District of Columbia’s 32-year-old gun ban in District of Columbia v. Heller. Following the Heller decision, gun rights advocates have attempted to strike down gun control laws in other cities and states and Heller filed a second lawsuit against D.C. contesting its ban on semiautomatic handguns.

A second prominent lawsuit over the Florida law has yet to be heard in court. A former DisneyWorld employee is suing Disney because he was fired for bringing a gun to work. Disney had claimed that it was exempt from the law.

Headline Link: Hinkle upholds law

Background: Florida gun law and court cases

Opinion & Analysis: Is the Florida law wise?

Related Topic: Georgia gun law and court case


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