How could I have missed this? From: Story Here
Employees’ right to keep guns in car upheld, but customers can be turned away
Employees’ right upheld; customers can be turned away
BY MARCIA HEROUX POUNDS | South Florida Sun-Sentinel
July 30, 2008
In a split court decision, employees with concealed weapons permits can keep guns locked in their cars at a Florida workplace, but customers can be turned away if they have firearms in their vehicles.
That’s the latest twist on a state law that took effect July 1. On Monday night, a federal judge upheld part of the law allowing employees to keep guns in their locked cars at work, but took issue with forcing businesses to allow customers to do so.
The ruling was good news for retailers and small businesses that own property. They can prohibit customers from bringing guns on their property, even if they have a concealed weapons permit and the firearm is locked in the car.
The National Rifle Association’s Florida lobbyist, Marion Hammer, called the judge’s ruling a “huge win” for gun owners.
In a 39-page decision, U.S. District Judge Robert Hinkle said the law was valid to the extent it compels a Florida business to allow a worker with a permit for a concealed weapon to secure a gun in a vehicle in a parking lot.
Hinkle rejected most of the arguments by the Florida Retail Federation and Florida Chamber of Commerce, which had sued to overturn the law. But he granted a temporary injunction blocking enforcement of the customer provision of the law, saying it was unenforceable and violates the U.S. Constitution.
“If because of the statute a customer brings gun into a business’ parking lot and it is used to shoot a person improperly, the harm will be irreparable,” the judge wrote. He said the business may lose customers as a result.
More court action and appeals may come, but the judge suggested that attorneys confer on whether they want his preliminary injunction to stand or schedule another hearing in his Tallahassee courtroom to argue the law’s merits.
Still, Charles Cooper, a Washington, D.C., lawyer who represents the NRA, called the ruling “a major victory” for gun rights advocates because it upheld “the mother lode” of the Florida law: the right of employees with permits to keep firearms in their vehicles at work.
“We’re 80 percent winners here, and they’re 80 percent losers,” he said.
Anne Marie Estevez, a lawyer with Morgan Lewis in Miami, said Florida’s gun law is now more in line with Georgia law. “It takes the teeth out of it,” she said.
“You can have any license you want, but that doesn’t trump someone’s private property rights,” Estevez said of those with concealed weapons permits.
One result is that businesses that have concerns about the gun law might decide to buy their property instead of leasing space, she said.
Hammer, a former president of the NRA, cast doubt on the effectiveness of the judge’s ruling. “If a business wants to ban customers and invitees from having guns in a parking lot, they would have to put up a big sign that says its OK for employees to have guns in cars locked in the parking lot, but customers do not have those same rights. What business is going to do that?” she said.
She said it’s “too early” to say whether the NRA would appeal the judge’s portion of the ruling about customers.
Adam Babington, legislative counsel for the Florida Chamber of Commerce, said the chamber “feels positive” about the ruling.
“The concealed weapons permit law is stronger than letting anyone at any time bring a gun onto a property,” he said. “Business can continue to make the decision on its property.”
Some work sites are exempt from the law, including schools, jails and nuclear power plants.
Staff Writer Vanessa Blum contributed to this report.
FYI: I have seen the “No Firearms Allowed” Or “No Concealed Carry” signs in places in the Tampa Area, but not many.