Disability Law

Newly Enacted "Guns at Work" Bill Challenged in Federal Court

By David A. McCranie, Esq.

This isn't strictly a workers' compensation issue, but is one that has businesses around the state concerned about potential liability, both in workers' compensation and in tort.  Ch. 2008-7, Laws of Fla., officially entitled the "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008," but perhaps more popularly known as the "Guns at Work" bill, was passed by both houses of the Florida Legislature and signed by the governor.  Scheduled to go into effect on July 1, 2008, the bill prohibits employers in the state from interfering with the right of "any customer, employee, or invitee" to bring a firearm to the workplace so long as it is "lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area."  The bill also authorizes a civil action, including an award of attorney's fees, against an employer who violates the law.

But does one man's right to keep and bear arms infringe upon another man's right to use his property as he wishes?  The Florida Chamber of Commerce says so and has filed suit in the U.S. District Court for the Northern District of Florida seeking to have the law declared unconstitutional.  They contend that the bill violates the Takings and Substantive Due Process Clauses of the Fifth Amendment and, because the bill allegedly conflicts with an OSHA provision, the Supremacy Clause of Article VI.

On May 22, the Chamber filed this Motion for Preliminary Injunction to keep the law from going into effect on July 1.  Stay tuned.

Full post as published by Florida Workers’ Compensation Law Blog on May 23, 2008 (boomark / email).