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The new law in Florida that prevents employers from prohibiting employees licensed to carry concealed weapons from keeping firearms in their locked vehicles at work is set to take effect July 1, 2008.
The Florida Chamber of Commerce and the Florida Retail Federation filed suit April 21 in federal court challenging the constitutionality of the measure.
Under the new law, employers are barred from:
• Prohibiting employees from possessing legally owned firearms that are locked inside or locked to a private motor vehicle in a parking lot when the employee is lawfully in the area.
• Inquiring about the presence of a firearm in the employee vehicle.
• Searching a private motor vehicle in a parking lot to determine whether it contains a firearm.
• Taking any action against an employee based on any verbal or written statement regarding the possession of a firearm in a private vehicle for lawful purposes.
• Conditioning employment on the fact that an employee or prospective employee holds or does not hold a concealed-weapons permit.
• Conditioning employment on an agreement by the employee or prospective employee that forbids the employee from keeping a legal firearm locked in his or her vehicle when the firearm is kept for lawful purposes.
• Prohibiting or attempting to prevent any employee from entering the parking lot of the employer's place of business because the employee or invitee’s vehicle contains a legal firearm that is out of sight and is being carried for lawful purposes.
• Terminating or otherwise discriminating against an employee for exercising the right to keep and bear arms or for exercising the right to self-defense as long as the firearm is not exhibited on company property for any reason other than lawful defensive purposes.
The law does not apply to motor vehicles owned, leased or rented by the employer and does not apply to schools, correctional institutions, nuclear-powered electricity generation facilities or properties where the primary business conducted involves combustible or explosive materials. Joanne Deschenaux, J.D., SHRM’s senior legal editor.
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