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Florida's "Right to Gun in Car" vs. Pizza Delivery Driver

Discussion in 'Legal' started by Hkmp5sd, Apr 8, 2008.

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  1. Hkmp5sd

    Hkmp5sd Member

    Dec 24, 2002
    Winter Haven, FL
    On occasion, an article will appear where a pizza delivery driver uses a CCW to protect himself or someone else and then gets disciplined by his company.

    Here is one for you to ponder. Florida is about to pass a law allowing firearms to be kept in a person's vehicle while at work, regardless of what the employer says. The employer may not ask if there are guns in the vehicle. He cannot search for guns in the vehicle. If by some method he does become aware of a firearm in his employee's vehicle, he cannot perform any disciplinary action against that employee.

    Would that extend to pizza delivery driver?

    The law says that an employer can prohibit you to have a firearm in a company owned vehicle if that is what you drive, so that would tend to eliminate cab drivers.
  2. NavyLCDR

    NavyLCDR member

    Dec 14, 2005
    Stanwood, WA
    I would think that would protect pizza delivery driver's from being fired for guns in their VEHICLES, but not on their persons when they exit the vehicle to perform their duties. So what protection is that?
  3. Zoogster

    Zoogster Member

    Oct 27, 2006
    Will not have much effect. Most robberies against them will happen while they are on foot to or from a destination.
  4. Coyote Blue

    Coyote Blue member

    Apr 5, 2008
    Boca Grande ,Florida
    Florida is a "at will" work state.
    Even if the new law(if passed)protects the driver, PH can find any other frivolous reason to pink slip him/her.
  5. mekender

    mekender Member

    Oct 15, 2007
    im guessing that the law will not apply to personal vehicles that are used for business purposes... but a lot of drivers carry anyways, so it wont matter... most stores dont care enough to ask if their employees carry...
  6. jrfoxx

    jrfoxx Member

    Sep 23, 2004
    Hard to say.it will take some test cases to hash it out I'm sure. MY uneducated legal opinion (available in writing for $1 :D) is that if its a private vehicle, they are covered with a gun in the vehicle anywhere. If they leave the vehicle with the gun, on the BUSINESS' property, not covered, off the business' property (ie.- some guys yard, porch etc to make a delivery), they aren't on the companies property, they are on someone else's private (or possibly public) property, so the fact they are on the clock is irrelevant.
    I'm probly dreaming that this is how a court would actually rule, but I certainly think it's arguable and winnable this way.Depends on the judge. But, in "at will" states as others have said, if the company still doesnt like it, they will just fire you for some other reason they decide on, and there will be nothing you can do, unless you can PROVE it was done as retribution, and good luck with that.Short of a company manager being dumb enough to say that on tape, film, email, or paper, AND you getting ahold of it somehow, yer outta luck.

    Oregon is "at will" too. Definitely has it downsides.....

    Again to get this in writing , mail $1 in a SASE to:
    Useless, Valueless, Legal Opinions
    P.O Box 13
    Eugene, OR 97401

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