Florida Governor Signs Law Preventing Employers From Prohibiting Firearms On Their Parking Lots

Despite opposition from the Florida Chamber of Commerce, the Florida Retail Federation, the HR Florida State Council, Local SHRM Chapters, the Academy of Florida Management Attorneys and others, on Tuesday, April 15, 2008, Florida Governor Charlie Crist signed into law the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008, more commonly referred to as the Florida Guns at Work Bill.

While the stated intent of the Act is to codify "the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms" and that "these rights are not abrogated by virtue of a citizen becoming a customer, employee, or invitee of a business entity," the practical effect of this "forced entry" law is to strip from businesses important property and contract rights, precluding them from controlling what is brought onto their parking lots. This is a radical approach, as there is no constitutional right to bear arms on another person's property.

Pursuant to the new law, Fla. Stat. 790.251, no public or private employer1:

may prohibit any customer, employee, or invitee from possessing any legally owned firearm when the firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area;

may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm inside or locked to a private motor vehicle or by an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, no public or private employer may take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning the possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes;

shall condition employment upon either (a) the fact that an employee or prospective employee holds or does not hold a concealed weapons license or (b) any agreement by an employee or prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes;

shall prohibit or prevent any customer, employee, or invitee from entering the parking lot of the employer's place of business because the individual's vehicle...