Florida Business Organizations Challenge Bring Gun to Work Law
The Florida Chamber of Commerce and the Florida Retail Federation recently filed a lawsuit in federal court in Tallahassee against the “Guns At Work” legislation. Their rationale? “A business owner should be able to decide if employees can or cannot bring guns on their property.” The law bars employers from banning firearms on their premises, provided employees hold concealed-weapons permits and leave the guns locked in their cars.
The legal claim of these business organizations is that House Bill 503, which was signed into law April 15 by Governor Charlie Crist, violates the Takings and Substantive Due Process clauses of the Fifth Amendment to the U.S. Constitution, and is in direct conflict with the Occupational Safety and Health Act (OSHA), and therefore violates the Supremacy Clause of Article VI of the U.S. Constitution.
Most recently, on May 22, 2008, the Florida Chamber and Florida Retail Federation filed a motion to enjoin the enforcement of this statute.
I represent employers, so I can understand their concern that some employees will use this new right to intimidate their employers and co-workers, and possibly use their firearms in anger. On the other hand, the National Rifle Association makes some strong arguments in favor of the new legislation. Women who are being stalked, or employees who work in dangerous areas, may feel the need to have a firearm in their cars for their personal protection.
Stay tuned for further developments.
