Florida workplace question

[nccavediver]

Yo THR'ers who are up on FL law:

If you decided to carry at your place of employment (let's say a chain store like a CVS pharmacy) where it is against company policy and god forbid had to use your firearm in a true self defense situation while at work...what would happen? You would most likely be fired from your job, but could you face any charges because you used your firearm at work where you weren't supposed to have it?

 

[glummer]

If you mean criminal charges, I've never heard of any laws making it illegal to disobey your civilan employer. Your only problem should be with them.

 

[barnetmill]

"I've never heard of any laws making it illegal to disobey your civilan employer."

That was my understanding also, but I would check with knowledgeable attorney.

You might also be liable to civil action. The most important thing is that the company would not back you up. I would only employ the gun if I felt my life was in danger and not to protect the store's assets.

 

[glummer]

Oops! My apologies. Some places DO have such laws (e.g. NC forbids carrying if the business is posted.) Of course some places also have "affirmative defense" laws which get you off the hook if you actually use the weapon for lawful self-defense. Seems it could be complicated.

 

[nccavediver]

I was just talking about this with my neighbor, who is a gun guy and he says that his wife (who works at Target) had told him that she heard that it was illegal for any employee who works at a chain type store to carry..eg Wal-Mart, Target, CVS, Walgreens, etc.... anybody know about this?

 

[Car Knocker]

That's a new one!

 

[mekender]

i believe that FL still follows the whole posted sign rule, but i dont know of any walmart that has such signs... they do sell firearms, so that would make every rifle buyer an instant criminal...

it could go into a grey area if a really ambitious DA wanted to interpret such a store as a "large gathering of people" which i believe FL prohibits... for example a stadium... its been a while since i had my CCW in FL so hopefully someone with a current one could chime in

 

[Jeff Timm]

Check out:
http://www.floridafirearmslaw.com/
and get a copy of Florida Firearms Law, Use & Ownership, 6th edition.

Geoff
Who warns everyone, "Don't be a test case!"

 

[Autolycus]

Originally posted by nccavediber: I was just talking about this with my neighbor, who is a gun guy and he says that his wife (who works at Target) had told him that she heard that it was illegal for any employee who works at a chain type store to carry..eg Wal-Mart, Target, CVS, Walgreens, etc.... anybody know about this?

I dont think she heard correctly. It is not illegal but it is probably prohibited by the company. If it was illegal for employees to carry it would probably be illegal for customers to carry as well.

 

[lacoochee]

It's been a while, and you should definitely buy Gutmachers book.

From what I remember reading, you would be fine, in fact (and please check this against the Florida Firearms Law book) you can carry concealed at your place of business even if YOU don't own the business, you must merely be an employee in Florida (this is without a license or even the permission of the owner). A license is not required to carry concealed or openly on your private property (residential and business), this is extended to your employees as well.

With a CCW you are perfectly fine, the only repercussion you would face would be being terminated and honestly who cares? you would be dead otherwise (the rational for drawing a firearm (and firing it) in Florida requires the threat of deadly force).

Never heard of a chain store law, and I would have, guaranteed not to be the law in Florida we are the Gun Shine State haven't y'all heard?

Oops should have addressed these,

i believe that FL still follows the whole posted sign rule, but i dont know of any walmart that has such signs... they do sell firearms, so that would make every rifle buyer an instant criminal...

Nope, no guns signs have no meaning in Florida and wouldn't apply to an employee if they did.

it could go into a grey area if a really ambitious DA wanted to interpret such a store as a "large gathering of people" which i believe FL prohibits... for example a stadium... its been a while since i had my CCW in FL so hopefully someone with a current one could chime in

No such prohibition in Florida, poster might have been thinking about Georgia?

· Any place of nuisance as defined in s. 823.05
· any police, sheriff, or highway patrol station;
· any detention facility, prison, or jail;
· any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a
concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
· any polling place;
· any meeting of the governing body of a county, public school district, municipality, or special district;
· any meeting of the Legislature or a committee thereof;
· any school, college, or professional athletic event not related to firearms;
· any school administration building;
· any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which
portion of the establishment is primarily devoted to such purpose;
· any elementary or secondary school facility;
· any area vocationaltechnical
center;
· any college or university facility unless the licensee is a registered student, employee, or faculty member of such
college or university and the weapon is a stun gun or nonlethal
electric weapon or device designed solely for
defensive purposes and the weapon does not fire a dart or projectile;
· inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from
carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such
firearm as baggage to be lawfully transported on any aircraft; or
· any place where the carrying of firearms is prohibited by federal law

 

[joab]

he heard that it was illegal for any employee who works at a chain type store to carry..eg Wal-Mart, Target, CVS, Walgreens, etc.... anybody know about this

The places where carry is prohibited by law in Florida are listed in chapter 790, chain store are not on the list

i believe that FL still follows the whole posted sign rule, but i dont know of any walmart that has such signs... they do sell firearms, so that would make every rifle buyer an instant criminal..

Signs mean nothing in Florida, they carry no weight of law

it could go into a grey area if a really ambitious DA wanted to interpret such a store as a "large gathering of people" which i believe FL prohibits... for example a stadium.

No large gathering law
Stadiums are prohibited by law if they are presenting a bonifide sporting events

You might also be liable to civil action. The most important thing is that the company would not back you up. I would only employ the gun if I felt my life was in danger and not to protect the store's assets.

Florida law prohibits civil suit in the even of a justifiable shooting
But I agree not to defend their property if they are not willing to allow access to freely defend yourself

 

[Pete409]

Carrying in Pharmacies

You might want to read Florida Statutes 790.145 which deals with "Crimes in Pharmacies"

Paraphrased it says that it is a 3rd Degree Felony to carry a firearm in a Pharmacy unless you are (a) a law enforcement officer, or (b) employed by the pharmacy and authorized by the owner or manager to carry on the premises, or (c) licensed to carry a concealed weapon.

 

[joab]

You might want to read Florida Statutes 790.145 which deals with "Crimes in Pharmacies"

Yes but the entire drug store is not a pharmacy just as the entire restaurant that sells liquor is not a bar

 

[Pete409]

Pharmacy

Joab,

You may be right. I'm not disagreeing with you. However, the statute prohibits the carrying of a firearm (as stated above) "within the premises of a pharmacy as defined in Chapter 465."

I looked in Chapter 465 and could find no definition of what constituted the "premises" of a pharmacy. Perhaps it is only the "Pharmacy" department as you say. But it might also be interpreted as the entire store of which the pharmacy is a part. I don't know, but I think I would check it out if I were the original poster. Of course, if the person carrying the concealed weapon has a license to do so, then it's a moot point.

 

[joab]

The pharmacy is the portion of the store that compounds and dispenses drugs The part that is behind the glass wall and locked door, that, by law must, be constantly supervised by the pharmacist

The rest of the facility is a convenience store, where the pharmacist has no authority what so ever (at any of the many drug stores I have ever worked)