Preservation and Protection of Right to Keep and Bear Arms in Motor Vehicles Act

Fri, Sep 25, 2015

General Legal Issues

16450632038_2873b2038d_bWritten into law by Governor Charlie Crist in 2008, this law seeks to preserve the right of qualified individuals to carry guns in their cars. Of course, the law does have requirements for who, how, and where they can do this. Regardless, it is a very controversial law.

For those without a concealed weapons permit, guns in cars must be carried in a place that cannot be accessed easily. A locked case for the weapon is often recommended, but sticking it under the seat is usually not a good idea. Make sure it is far away enough to avoid law enforcement concerns for how reachable it is.

Those with a concealed weapons permit must have the weapon concealed based on the permit rules. Therefore, you would need to have it in a holster concealed under your shirt or in a concealed area of the car—under the seat usually works in this case.

Some places that are always off-limits for most people to carry a gun include:

  • Schools
  • Courthouses
  • Jails or anywhere considered a detention center
  • Nuclear power plants
  • National defense facilities
  • Places where flammable materials are stored
  • Company cars
  • Airports
  • Most athletic events
  • Law enforcement offices

This law was created for those who wish to carry guns and move from place to place legally and with specific rules. There is a law already in Florida that allows you to carry a gun to and from hunting, so not being able to carry a gun in your car would be a problem for that reason alone.

Employers are often not fond of allowing guns in cars, because it usually means that you can have your gun available in the parking lot of their business. Workplace violence hasn’t helped the matter, and personal beliefs of owners and managers can cloud the issue. However, unless you work at a place mentioned above, your employer can’t do too much about your having a gun in your car that is stored in the proper manner. (Similarly, customers can’t be kept from parking a car with a gun stored in the proper manner at a place of business where laws don’t actively prevent it.)

Of course, fighting anything your employer has to say comes with its own set of consequences, as you know. Employers are given some civil immunity when they become involved in a dispute of this nature, so fighting employer rules could come with a set of consequences one cannot always predict.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

Image: aliengearholsters.com

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