We often get asked about an employee's right to keep their firearms in their personal vehicles, and not bring them onto the employer's premises. This is a complex and controversial issue that involves both constitutional rights and workplace safety. In this blog post, I will explain the legal framework that governs this issue, and offer some practical advice for employers and employees.

The main law that regulates this issue is the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008, also known as the "Bring Your Guns To Work Law". This law was enacted by the Florida legislature to codify the policy that individual citizens have a constitutional right to keep and bear arms, and that this right includes keeping legally owned firearms locked inside or locked to their private motor vehicles for self-defense and other lawful purposes. The law also prohibits employers from conditioning employment on whether an employee owns a firearm, or from discriminating against employees who exercise their right to keep firearms in their vehicles.

The law applies to most public and private employers, with some exceptions for schools, prisons, nuclear power plants, or employers associated with national defense, homeland security, or aerospace industry. The law also does not apply to vehicles owned or leased by the employer, or to firearms that are exhibited on company property for any reason other than lawful defensive purposes.

The law protects employees who possess a valid license issued pursuant to s. 790.06, which is the statute that regulates concealed carry of firearms in Florida. This means that employees who want to keep their firearms in their vehicles must have a concealed carry license, which requires meeting certain eligibility criteria, such as being at least 21 years old, having no felony convictions or mental health issues, completing a firearms safety course, and passing a background check.

The law does not give employees an absolute right to keep their firearms in their vehicles. The law only protects employees from adverse employment actions based on their lawful possession of firearms in their vehicles. The law does not prevent employers from enforcing other policies or rules that are unrelated to firearms possession, such as attendance, performance, or conduct standards. The law also does not prevent employers from taking appropriate action if an employee threatens or harms another person with a firearm on company property.

The law also does not affect the rights of property owners to regulate firearms on their premises. This means that employers can still prohibit customers or visitors from bringing firearms into their buildings or facilities, as long as they post clear and conspicuous signs at the entrance. Employers can also prohibit employees from bringing firearms into their buildings or facilities, as long as they provide secure storage for employees' firearms while they are working.

What does this all mean to you as an employer, you may be asking yourself? Well, pursuant to s. 790.251 here in Florida, "It is the finding of the Legislature that a citizen’s lawful possession, transportation, and secure keeping of firearms and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of self-defense." Essentially, employees must leave their firearms in their personal motor vehicles and not bring them into their employer's place of business, even if they possess a legally obtained concealed carry weapons permit.

We advise employers and employees to be aware of their rights and responsibilities under this law, and to respect each other's choices regarding firearms possession. I also recommend that employers and employees communicate openly and honestly about this issue, and try to resolve any disputes or concerns amicably and professionally. If you have any questions or need legal assistance regarding this issue, please feel free to contact me at Alex@bynimble.com. You can also reach us at our contact page, let's talk.