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CCW question- Florida

Discussion in 'Legal' started by onebigelf, Nov 11, 2008.

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  1. onebigelf

    onebigelf Member

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    Settle this one if you can-

    A friend of mine works as a nurse at the local university teaching hospital. The hospital forbids employees from carrying at work, the hospital and the university forbid employees from having a gun in their car parked at the hospital as the garage is university property. According to the instructor at the CCW class I had to take last weekend because the state wouldn't accept my DD-214 (grrrr), you CAN have a gun in your car at facilities where you can't carry as long as you a) don't take it inside, and b) aren't reporting for work. In other words, if my friend is going to work she can't have her gun in the car. If she's taking her son to the ER they can't Kvetch. (see I CAN learn to edit for language!) She says, no, as an employee she can't have it in her car at anytime or she risks getting fired. Opinions?

    John
     
  2. jdc1244

    jdc1244 Member

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    You may have a gun in your locked car as long as you are an employee; unless there’s been a subsequent ruling I could not find non-employees many not have guns in their cars if the property owner does not want them there. In your situation she may bring a gun as an employee but not as an ER patient.

    From the Jacksonville Business Journal 7/30/2008:

    However, your example/issue may be moot if the university hospital is consider a ‘school’:


    From the Fowler White Boggs Law Offices web site about guns at work:


     
  3. onebigelf

    onebigelf Member

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    I believe that there is also a specific exemption for hospitals, which was interesting since a nurse walking to her car late at night was one of the examples used for why it was a good idea. Never understood how having the gun in the car was going to help but it was the example given. Also interesting that they excluded homeland security... isn't that kinda like telling a cop he can carry on duty, but not have a gun in his car? What are they afraid those people might not be all that stable?

    John
     
  4. jdc1244

    jdc1244 Member

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    Needless to say the whole thing is ridiculous – if one is licensed to carry one is licensed to carry. Period.

    Most hospitals (if not all) have security staff who will escort employees at night per request; having the gun in the car is for the drive home at night in the event of a break down. That was always my issue: what’s the point of having a CCW if you could only carry weekends and nights after coming home from work. Like many once I’m home after work I’m done for the day. If I need to get something I’ll stop on the way home from work. Before the law if your employer forbade weapons on the property your CCW was almost worthless.
     
  5. withdrawn34

    withdrawn34 Member.

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    Well if the hospital garage is on a university campus as you said then yea, no go as the rules that apply to a school campus apply there too, unfortuantely.
     
  6. divemedic

    divemedic Member

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    There is no special rule for hospitals. Here are the laws which cover you locking a firearm in your car (790.251):
    (the portions of the law pertaining to non-employees is not enforceable due to a pending court case, and the fact that the law was very poorly written)

    Then there is this: (which is creating quite a bit of controversy- again because the law was poorly written)

    The answer is: It depends on whether or not the hospital is considered a school or not. I would consult an attorney- this can be a sticky legal question. If this hospital is indeed considered a school, not only is it allowable for your employer to prohibit firearms in vehicles, it is also illegal to carry weapons there.

    Edited to Add:

    790.115 says:

     
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