Of Arms and the Law
Navigation
About Me
Contact Me
Archives
XML Feed
Home

Ghillie Suits and Gear

Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools

ISOcover150x200sm.jpg

I've released my documentary film on the history of the right to arms, "In Search of the Second Amendment." It stars twelve professors of constitutional law, plus Steve Halbrook, David Kopel, Don Kates, and Clayton Cramer. You can order the DVD here. And here's the Wikipedia page on it. SUPREME COURT SPECIAL: additional orders only $10 each.


2nd Amendment Discussions
1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
TheSurvivalistBlog.net
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Survivalist Blog
The BitchGirls
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Visitors since April 1, 2005: Free Web Counter
Free Hit Counter

Credits
Powered by Movable Type 3.15
Site Design by Sekimori

« Rep. Souder on DC right bill | Main | Now, this is strange »

Discussion of FLA ruling on guns in parking lots

Posted by David Hardy · 31 July 2008 01:45 PM

A clear discussion, at last, in the St. Petersburg Times. The ruling apparently upheld rights of employees to have guns in parked cars, but not the right of customers to. The latter was keyed to how the legislature worded the statute, so they can amend it to cure the problem.

In the meantime, I wonder how a company would enforce against a customer anyway? They can always demand to search employees' cars with threat of firing them, but a customer has a right to tell them to go to. I doubt any commercial establishment that actually searched customers' cars as a condition to coming into the store would be in business very long.

· State legislation

Comments

Maybe they'll just ask to search cars with NRA stickers on the side?

This is the reason I think the law is really a solution in search of a problem... current Florida law gives no legal weight to "no guns allowed" signs. That means, as a customer, I can still carry my firearm onto a business's property either in my car or concealed on my hip. The only way I could face prosecution is if the owner discovers my firearms and I fail to leave upon their request.

So this is really a non-issue.

Posted by: Gregory Morris at July 31, 2008 07:37 PM

I have had a chance to read the entire opinion in this case. It is a VERY well written piece, and preserves the core of the original legislation - CCW holders may keep guns in their cars on their employer's parking lots. (The original bill allowed ALL employees to keep guns in their cars, but before final passage this was cut back to CCW holders only, presumably for internal political reasons.)

The part of the opinion that deals with businesses being able to keep CUSTOMERS from having guns in their cars is, as I read it, an (intellectually) accurate but (practically) irrelevant excursion into statutory and constitutional analysis. It is based on the very specific statutory definitions of the terms "employee" and "employer," which the judge observed "do not comport with ordinary English usage nor with the terms' commonly applied legal definitions." These definitions would have made sense when the law applied to all employees, but they became irrational (and were not changed) when the law's coverage was cut back to employees with CCW permits only.

There is little if any opposition in Florida to guns in cars. I have visited Florida at least once a year for the past 30 years and have never seen a parking lot posted against guns (for that matter, I haven't seen a business posted, either.) So the judge's decision that a business MAY forbid guns in customers' cars in its parking lot probably will have zero effect on the ground.

Posted by: wrangler5 at August 1, 2008 12:00 PM

Post a comment




Remember Me?

(you may use HTML tags for style)