I received an email from a county transit worker about regulations forbidding firearms in employee parking areas. While I have eliminated the name of the individual and the employing transit system, I think my response will be typical of the type of cases that will come up under the amendments to the preemption law. Here's the question, and then my response:
My question is: Can the Public transit system still prohibit me from having my firearm in my personal vehicle glove compartment in their parking lot under the new law? I asked if under the new law was it ok and they said "no" from company policy the operator rule book, notice company property which could mean parking lots. Company property is all facilities. The section on weapons reads "operators shall not conceal or display weapons of any kind on buses or any company property. This includes knives, firearms or chemical agents designed to disable a person."
My response is as follows:
The preemption law forbids them from having any regulations pertaining to firearms and ammunition, whatsoever, unless such are exempted from treatment by C.790. In my opinion, any attempt to regulate employee parking where the employee has a valid CWP, and the firearm is securely encased and hidden from view violates the preemption law, as it violates Florida Statute 790.251, and can be addressed by a civil suit for injunctive and declaratory relief, and attorney fees. Quite frankly -- you should get a confirmatory letter of their interpretation -- as they might otherwise claim that by "company property" they did not intend to include lawfully parked employee vehicles, or if they refused such, you could send a letter by certified mail to the agency head, agency attorney, and board members asking them to confirm what was told to you, and your concern this may violate the preemption law. (I used "may" just to be polite)
Of course -- all other regulations as to use, carry, or display during work hours should likely be lawful. And, to be clear -- the preemption law does not apply to other weapons -- only firearms and ammo.
jhg
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