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Guns-At-Work Bill Goes To Governor

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By RUSSELL RAY and MICHAEL SASSO

The Tampa Tribune

Published: April 10, 2008

TALLAHASSEE - In a major victory for the gun lobby, lawmakers have approved legislation that would allow Floridians to bring a gun to work as long as the owners have a permit and the gun is locked inside their car.

The Senate's vote Wednesday follows last month's House's approval, sending the guns-at-work bill to Gov. Charlie Crist, who is expected to sign the bill into law.

Like the House, the Senate's Republican majority was forced to choose between the right to bear arms and private property rights, each supported by powerful special interests. The bill was approved in a 26-13 vote along party lines.

Crist on Wednesday said, "I understand there are competing interests. There always are in this process.

"But people being protected is most important to me."

Democrats doubted that public safety would improve with the ability to bring a gun to the workplace and predicted the law would be struck down in court.

"There is a property right an employer has to ensure that he has the ability to protect his employees," said Sen. Ted Deutch, D-Boca Raton.

"Why are we forsaking that right in exchange for a bill that in Oklahoma has already been found to be unconstitutional?"

Also, the bill fails to bar assault rifles and does not exempt child care facilities and nursing homes, Deutch said, creating a situation in which employers "aren't then able to protect the most vulnerable members of our society."

The measure would allow certain workplaces to bar guns at work, such as nuclear-power plants, public hospitals, schools and jails.

Marion Hammer, spokeswoman and former president of the National Rifle Association, said the bill simply clarifies the rights of gun owners and sends a message to business owners who prevent employees from having a gun in their locked car.

"We have always had the right to have a gun in our car in parking lots," Hammer said. "Unfortunately, some businesses were violating those rights."

This is the third year the NRA has pushed for guns-at-work legislation.

In addition to employees, the bill would allow customers to leave their guns locked in cars at malls, restaurants and other retail stores.

Patrick Muldowney, president of the Central Florida Human Resource Association and an employment lawyer, said his organization opposes the legislation because it increases the potential for violence in the workplace.

If an employee becomes angry and a gun is readily available, "there's no ability for that person to cool off," Muldowney said.

Also, the legislation raises liability issues for the business owner if employees are injured in a gun-related incident.

"The idea that an employer cannot preclude guns from being on its workplace is extremely problematic from an HR perspective," he said.

Less concerned was Bill Shumate, co-owner of Bella's Italian Cafe in Tampa and a former chairman of the Florida Restaurant Association, now known as the Florida Restaurant and Lodging Association.

Speaking for himself and not the FRLA, Shumate said a new law won't have an effect on whether someone brings a gun to the workplace. "Legal or illegal, if they're going to do it, they're going to do it," Shumate said.

The bill prohibits employers from banning guns on their property as long as the employees and customers who bring weapons to the business have a permit and leave the guns locked in their cars.

"This bill is about having a legally owned firearm locked in your car in a public parking lot," said Sen. Durrell Peaden, R-Crestview, the bill's author. "It's not anything else. It's just a preservation of that Second Amendment right."

However, an employer has no way of knowing who has a concealed-weapons permit, since state law prevents the public from viewing those records.

Crist said he will probably sign the bill into law, knowing that big business may decide to challenge it with a lawsuit.

"Does that surprise anybody?" Crist said. "They have that right."

Oklahoma, Alaska, Kentucky and Mississippi have similar guns-at-work laws, although a judge struck down Oklahoma's law after finding it conflicted with federal workplace-safety rules.

Reporter Russell Ray can be reached at (850) 222-8382 or rray@tampatrib.com.

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