FLA court delays challenge to parking lot self defense
Story here. Florida enacted a requirement that employers allow CCW permittees to leave firearms in a locked car in their parking lots, the Chamber of Commerce filed a challenge, and the judge ruled that he had some other, more serious matters, to attend to, come back in July.
The mystery to me is: it's a federal suit. Where's the federal issue? The only thing the story discusses is a claim that, since it only applies to businesses that have at least one CCW licensed employee, it's somehow hard to determine whether you are covered, that makes it "irrational" and thus unconstitutional. As the saying goes, I hope they didn't take that case on a contingency.
Hat tip to reader Jack Anderson.
I think that there is an OSHA pre-emption claim by the businesses and hence the attempt to put it into Federal Court. The funny thing is that that may be a bad place to have it in 24 hours...
Posted by: Gene Hoffman at June 25, 2008 09:22 PM
I, too, think the judge wanted to see the Heller opinion so that he could proceed based on the language therein.
Posted by: dad29 at June 26, 2008 07:12 AM
I think they are going for the "OSHA conflict" argument to claim federal jurisdiction.
Posted by: K-Romulus at June 26, 2008 07:24 AM
This just in: according to SCOTUSBlog, Heller has been affirmed in a 5-4 decision. Opinion not posted yet.
Only one majority opinion, written by Scalia as suspected, and two dissenting. Breyer, Stevens, Souter and Ginsburg dissented.
I have to say that I'm shocked it wasn't a 6-3 or even 7-2 in favor of the individual right, with differing concurrences about the scope of the Amendment.
Posted by: Assman at June 26, 2008 08:18 AM
Opinion here (PDF).
Posted by: Anonymous at June 26, 2008 08:30 AM