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Hawkeye's Blog

by Hawkeye from Tampa

Last Post 4 days, 17 hours Ago


Prepared by the National Rifle Association of America and the Unified Sportsmen of Florida.

July 31, 2008

The Florida Chamber of Commerce and The Florida Retail Federation argued for three years that business owners had an absolute right to control their employees. That’s why they kept calling it the,

"Take-Your-Guns-to-Work" legislation.

They claimed they could search employee vehicles and ban firearms from those vehicles in the employer’s parking lot.

When the argument came up about CUSTOMERS’ rights under the law,, They claimed businesses didn’t care if customers had guns in cars, they only cared about their right to control employees.

When the legislature passed the law protecting the rights of workers, The Florida Chamber of Commerce and the Florida Retail Federation filed a lawsuit in federal court asking the Court to throw out the law.

They argued that the law requiring businesses to allow guns in vehicles in their parking lots constituted an unconstitutional "taking" of their property.

In court, the federal judge ruled against them – THEY LOST.

They argued that OSHA regulations require them to provide a safe work environment for their workers, which required them to ban guns in parking lots to comply with OSHA requirements.

In court, the federal judge ruled against them . – THEY LOST.

They argued that, as employers, they had an absolute right to control the conduct of their employees and could ban guns from employee vehicles in company parking lots while employees were at work.

In court, the federal judge ruled against them – THEY LOST.

Those are the three points argued by the Chamber and the Retail Federation.

THEY LOST ON ALL THREE POINTS

At the hearing and in his ruling, the judge complained about language drafted by the legislature saying that it doesn’t give businesses clear guidance on whether the law allows business owners to ban customers from having guns in their cars in parking lots. Rather than clear up the confusion according to the intent of the legislature, he ruled that businesses can prohibit customers from keeping guns in their vehicles in the parking lot.

The judge upheld the new NRA-supported law.

If a business has a gun ban policy, employees who possess a valid Concealed Weapons License are exempt from the gun ban policy and cannot be fired for exercising their gun rights.

If a business has a gun ban policy and no employee has a valid CW license, then that business can also ban customers from having guns locked in their vehicles in the parking lot while they shop or conduct business.

A business may NOT search vehicles to see if a person has a firearm; may NOT ask if a person has a firearm in the vehicle; and may NOT ask if a person has a CW license.

Before the law passed, employees had no protection from anti-gun employers. They had no recourse. They had to give up their firearm and self-defense rights or be fired. They now have protection.

American Citizens WON – BUSINESS LOBBY LOST!!!!

Due to the judge’s ruling based on in-artful language, business owners can post signs notifying customers that they are prohibited from having firearms locked in their vehicles while in the parking lots. CUSTOMERS DON’T HAVE TO PATRONIZE A BUSINESS THAT DOESN’T RESPECT THEIR RIGHT TO KEEP A GUN IN THEIR CAR – THEY CAN SPEND THEIR MONEY ELSEWHERE –

Spokespersons for the Florida Chamber and the Florida Retail Federation are claiming victory, praising the judge for ruling that businesses can keep customers from having firearms in their vehicles in parking lots. It remains to be seen if business owners will agree that they won anything. They probably wish the Florida Chamber and the Florida Retail Federation would just shut up and quit alienating customers.

Our position is: Big Business lost. WE,,The People,, WON…

.

CUSTOMERS WIN – BUSINESS LOSES.

!!!!
8 Comments |  Add a Comment

Member Comments Total Comments: 8
Page 1 of 1
DeborahLakeHelen read my blog view my photos
Aug 1, 2008 | 12:42 PM

Thank God we live in America, the LAND OF THE FREE, AND THE HOME OF THE BRAVE!!!!
I WILL continue to pack my pistol, in a responsible way, follow the guidelines my CWP License mandates, and I'll be ding-danged, if
I'm going to be intimidated by ANYONE who tries to tell me otherwise!
As USUAL, MY Friend Hawk, ALWAYS posts something worthy of reading, and WORTHY of a response. "Gotta love ya!"

Hawkeye read my blog
Aug 1, 2008 | 2:11 PM

Love ya too my friend..

I kinda had a feeling that THIS would be good news for MANY of you guys..

You know the ole saying,,

" You CAN'T lose them all."

ROFLMAO..

rexsmom read my blog view my photos
Aug 1, 2008 | 3:06 PM

Yes, I got the NRA email this morning too. Yea, the courts did something right!

silverfox06 read my blog view my photos
Aug 1, 2008 | 4:25 PM

WILL THEY CANNT SEARCH YOUR PERSON OR YOUR AUTO AS A CUSTOMER. FLORIDA ALLOWS YOU TO HAVE A WEAPON IN YOUR AUTO WITH OUT A PERMIT AS LONG AS THERE'S 3 STEP'S TO USE IT, IT CANN'T BE CONCEALED. I SUGGEST THAT EVERYONE APPLY FOR A CONCEAL PERMIT THAT CAN PASS A BACK GROUND CHECK.
I HAVE A CONCEAL PERMIT SO THEY CAN POST ALL THE SIGNS THAT THEY WANT I CARRY MINE LIKE MY CREDIT CARD I NEVER LEAVE HOME WITHOUT IT.
ONE OTHER THING YOU DON'T PUT SIGN AROUND YOUR NECK AND SAY IM PACKING, NO ONE WOULD KNOW.
IF YOUR PACKING STAY WITHIN THE GUIDELINES ISSUED BY THE STATE.

RandyLoo read my blog view my photos
Aug 1, 2008 | 6:27 PM

Yippee! We won, pop the cork and tip the glass. Job well done NRA.

Hawkeye read my blog
Aug 2, 2008 | 5:27 AM

You’re absolutely right SF..They ( Businesses ) CANNOT search your car EVEN IF YOUR POSSESSION of the Gun is ILLEGAL ..In Fact,, the Supreme Court ruled MANY MANY Moons ago that your vehicle is an extention of your home with all the protections against “Illegal Search and Seisures” that apply to your abode…EVEN a Duly Constituted and Authorized LEO cannot do this without DUE PROCESS so I found the Judges Opnion on this Cvurious..”Sure,,YOU can BAN them but you CAN’T enforce that Ban..”..

SO,, We’re BACK to the original argument that unless you just HAVE to Run your Mouth about it,, NOBODY will ever have to KNOW..

shadows read my blog
Aug 2, 2008 | 7:32 PM

Interesting that the Chamber of Commerce wants place restrictions on legal gun owners, but yet supports immigrants being in the U.S. illegally.

DeborahLakeHelen read my blog view my photos
Aug 2, 2008 | 8:38 PM

Shadows, oh that? That's just a slap in the face, and a kick in the butt for the REST OF US!!!

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Hawkeye

Hello Tampa Bay and Orlando and NOW, Colorado......

Member Since: 7/17/2006