Some outside help ...
Peter Nap and TFred
Why don't you take a look at the measure passed in Florida for some ideas?
790.251 Protection of the right to keep and bear arms in motor vehicles for
self-defense and other lawful purposes; prohibited acts; duty of public and
private employers; immunity from liability; enforcement.
(1) SHORT TITLE.—This section may be cited as the “Preservation and
Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008.”
(2) DEFINITIONS.—As used in this section, the term:
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(a) “Parking lot” means any property that is used for parking motor
vehicles and is available to customers, employees, or invitees for temporary or
long-term parking or storage of motor vehicles.
(b) “Motor vehicle” means any automobile, truck, minivan, sports utility
vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any
other vehicle operated on the roads of this state and required to be registered
under state law.
(c) “Employee” means any person who possesses a valid license issued
pursuant to s. 790.06 and:
1. Works for salary, wages, or other remuneration;
2. Is an independent contractor; or
3. Is a volunteer, intern, or other similar individual for an employer.
(d) “Employer” means any business that is a sole proprietorship,
partnership, corporation, limited liability company, professional association,
cooperative, joint venture, trust, firm, institution, or association, or public
sector entity, that has employees.
(e) “Invitee” means any business invitee, including a customer or visitor,
who is lawfully on the premises of a public or private employer.
As used in this section, the term “firearm” includes ammunition and
accoutrements attendant to the lawful possession and use of a firearm.
(3) LEGISLATIVE INTENT; FINDINGS.—This act is intended to codify
the long-standing legislative policy of the state that individual citizens have a
constitutional right to keep and bear arms, that they have a constitutional
right to possess and keep legally owned firearms within their motor vehicles
for self-defense and other lawful purposes, and that these rights are not
abrogated by virtue of a citizen becoming a customer, employee, or invitee of
a business entity. 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 selfdefense.
The Legislature finds that protecting and preserving these rights is
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essential to the exercise of freedom and individual responsibility. The
Legislature further finds that no citizen can or should be required to waive or
abrogate his or her right to possess and securely keep firearms and
ammunition locked within his or her motor vehicle by virtue of becoming a
customer, employee, or invitee of any employer or business establishment
within the state, unless specifically required by state or federal law.
(4) PROHIBITED ACTS.—No public or private employer may violate the
constitutional rights of any customer, employee, or invitee as provided in
paragraphs (a)-(e):
(a) No public or private employer may prohibit any customer, employee,
or invitee from possessing any legally owned firearm when such firearm is
lawfully possessed and locked inside or locked to a private motor vehicle in a
parking lot and when the customer, employee, or invitee is lawfully in such
area.
(b) No public or private employer may violate the privacy rights of a
customer, employee, or invitee by verbal or written inquiry regarding the
presence of a firearm inside or locked to a private motor vehicle in a parking
lot or by an actual search of a private motor vehicle in a parking lot to
ascertain the presence of a firearm within the vehicle. Further, no public or
private employer may take any action against a customer, employee, or
invitee based upon verbal or written statements of any party concerning
possession of a firearm stored inside a private motor vehicle in a parking lot
for lawful purposes. A search of a private motor vehicle in the parking lot of a
public or private employer to ascertain the presence of a firearm within the
vehicle may only be conducted by on-duty law enforcement personnel, based
upon due process and must comply with constitutional protections.
(c) No public or private employer shall condition employment upon
either:
1. The fact that an employee or prospective employee holds or does not
hold a license issued pursuant to s. 790.06; or
2. Any agreement by an employee or a prospective employee that
prohibits an employee from keeping a legal firearm locked inside or locked to
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a private motor vehicle in a parking lot when such firearm is kept for lawful
purposes.
(d) No public or private employer shall prohibit or attempt to prevent any
customer, employee, or invitee from entering the parking lot of the
employer’s place of business because the customer’s, employee’s, or invitee’s
private motor vehicle contains a legal firearm being carried for lawful
purposes, that is out of sight within the customer’s, employee’s, or invitee’s
private motor vehicle.
(e) No public or private employer may terminate the employment of or
otherwise discriminate against an employee, or expel a customer or invitee for
exercising his or her constitutional right to keep and bear arms or for
exercising the right of self-defense as long as a firearm is never exhibited on
company property for any reason other than lawful defensive purposes.
This subsection applies to all public sector employers, including those already
prohibited from regulating firearms under the provisions of s. 790.33.
(5) DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS;
IMMUNITY FROM LIABILITY.—
(a) When subject to the provisions of subsection (4), a public or private
employer has no duty of care related to the actions prohibited under such
subsection.
(b) A public or private employer is not liable in a civil action based on
actions or inactions taken in compliance with this section. The immunity
provided in this subsection does not apply to civil actions based on actions or
inactions of public or private employers that are unrelated to compliance with
this section.
(c) Nothing contained in this section shall be interpreted to expand any
existing duty, or create any additional duty, on the part of a public or private
employer, property owner, or property owner’s agent.
(6) ENFORCEMENT.—The Attorney General shall enforce the protections
of this act on behalf of any customer, employee, or invitee aggrieved under
this act. If there is reasonable cause to believe that the aggrieved person’s
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rights under this act have been violated by a public or private employer, the
Attorney General shall commence a civil or administrative action for
damages, injunctive relief and civil penalties, and such other relief as may be
appropriate under the provisions of s. 760.51, or may negotiate a settlement
with any employer on behalf of any person aggrieved under the act.
However, nothing in this act shall prohibit the right of a person aggrieved
under this act to bring a civil action for violation of rights protected under the
act. In any successful action brought by a customer, employee, or invitee
aggrieved under this act, the court shall award all reasonable personal costs
and losses suffered by the aggrieved person as a result of the violation of
rights under this act. In any action brought pursuant to this act, the court shall
award all court costs and attorney’s fees to the prevailing party.
(7) EXCEPTIONS.—The prohibitions in subsection (4) do not apply to:
(a) Any school property as defined and regulated under s. 790.115.
(b) Any correctional institution regulated under s. 944.47 or chapter 957.
(c) Any property where a nuclear-powered electricity generation facility
is located.
(d) Property owned or leased by a public or private employer or the
landlord of a public or private employer upon which are conducted
substantial activities involving national defense, aerospace, or homeland
security.
(e) Property owned or leased by a public or private employer or the
landlord of a public or private employer upon which the primary business
conducted is the manufacture, use, storage, or transportation of combustible
or explosive materials regulated under state or federal law, or property
owned or leased by an employer who has obtained a permit required under
18 U.S.C. s. 842 to engage in the business of importing, manufacturing, or
dealing in explosive materials on such property.
(f) A motor vehicle owned, leased, or rented by a public or private
employer or the landlord of a public or private employer.
(g) Any other property owned or leased by a public or private employer
or the landlord of a public or private employer upon which possession of a
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firearm or other legal product by a customer, employee, or invitee is
prohibited pursuant to any federal law, contract with a federal government
entity, or general law of this state.
History.—s. 1, ch. 2008-7.
1Note.—Section 15, ch. 2011-119, provides that “[t]he amendments made to
ss. 509.144 and 932.701, Florida Statutes, and the creation of s. 901.1503,
Florida Statutes, by this act do not affect or impede the provisions of s.
790.251, Florida Statutes, or any other protection or right guaranteed by the
Second Amendment to the United States Constitution.”
Use in Good Health
YOS
Ironside
