Tuesday, November 15, 2011

790.251 -- parking lot law -- a quick explanation of this Florida gun law.

I received an email regarding the parking lot law, and it brought up an issue that is likely widely misunderstood.  The parking lot law [790.251] does not make anything "illegal".   It just has "exceptions" to the general rule that an employer can't prohibit a securely encased firearm in a parked vehicle by an employee with a CWP.  The exceptions simply mean that if the employer falls within them -- they can have a policy that prohibits the firearm storage -- and fire or discipline an employee who breaks the policy.  No crime.

What usually happens is if your employer falls into this area, and has such a policy -- and finds out -- you could get fired or face discipline.  If you have a union -- they can probably help you.  But,  many employers simply fire the person, and then have them "trespassed" from the premises.  If that happens -- and you don't leave -- you have committed the crime of trespass, and may even have a charge of "armed trespass" if you're in actual possession at the time.  Then you could face arrest.  Check out the book on "armed trespass" for a greater explanation.  

Hope that clarifies it.
jhg

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