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What is the Florida “Parking Lot Law?” Should I Carry My Concealed Firearm at Work?
Your job is typically a place where you spend the majority of your time – and it is also one of the places where you will be dealing with the number 1 thing involved in crime – cash.
Here in Florida, we are called a “bring your gun to work” state. (F.S. 790.251) Read the statute – its pretty awesome!
Bottom line – here in Florida, your employer cannot take away your second amendment right to keep and bear arms – in their parking lot.
1. Can you lawfully carry a concealed firearm at work?
Yes and no.
Florida law 790.251 is called the “parking lot law.” It basically protects you from being fired if you keep a lawful firearm in your car while at work. Businesses are not allow to fire you for having a gun in your car while in their parking lot.
The “parking lot law” does not apply to the following places:
- The power plant in Crystal River – PLEASE don’t carry your gun there! Bad, bad idea. Not only does the power plant not allow it, Florida firearm law doesn’t allow it either.
- Any school (teachers SHOULD be allowed to carry guns, but that’s another blog post entirely!)
- Correctional institutions
- Anywhere that manufactures or sells explosive things
2. Will your employer allow you to carry a gun while IN your workplace?
Florida law protects your right to carry a concealed weapon in your car while on company property, however, it does not seem to protect you from carrying your firearm INSIDE your workplace.
Florida law 790.251 (the parking lot law) does not protect you if you are carrying a gun while at work.
Florida is an “at-will” state – which means that you can be hired and fired at the will of the business, and you can choose to work for that company or not. An employer has the right to establish a rule that you’re not allowed to have a gun at work, and you’re allowed to decide whether you want to continue employment with them.
They also have the right to fire you if you break their policies regarding carrying a concealed weapon.
In my most humble opinion, I would suggest that carrying a concealed weapon is just that – CONCEALED. That means that you’re concealing your firearm from the view of anyone else around you. The name of the game is CONCEALMENT. So if you decide to carry a gun at work, don’t let anyone see it. No harm, no foul, right?
As long as you don’t violate law, which means you don’t carry your concealed firearm into a school, explosives manufacturer, nuclear power plant, etc., you cannot be arrested and charged with a gun crime – but you can certainly lose your job for carrying.
The decision comes down to this: What’s more important to you – your safety (and the safety of others), or your weekly paycheck?
Choose wisely.
This was posted Dec. 3, 2012. Have there been any changes to this law since the posting?
What are the laws for a private adult institution? Such as CBT?
The “school” is renting an office space with other businesses.
Not a student or teacher, I work in a different office.
I HAVE AN EMAIL FROM A COMPANY IN FORT LAUDERDALE, FLORIDA CALLED SIT IN YOUR SEATS THAT THEY ALL HAVE GUNS IN THEIR POSSESION AT WORK !!!!!!NOT IN THEIR CARS BUT ON THEIR PERSONS
If there is no meantion of when or where you can carry a gun at work in the company policy, can your company still terminate you for concealed while at you job?
Great example of some of the confusion on this issue in Florida. Spouse is a CCW holder and was told by her employer she could not bring weapon onto worksite. I discussed with HR, and showed her that legally she can prevent carry in to the building, but not prevent her storage of weapon in herpersonal car, even if on their parking lot.
I, on the other hand work for a Fortune 50 Company, I also am a CCW holder. My company leased vehicle, even though I pay a stipend of $125, a month for personal use, is still owned by the leasing company (GE Fleet) even though I’m listed on the registration.. My company and leasing agent state I’m not authorized to carry a firearm in that vehicle at any time to include my days off, even when I visit all of my accounts that do not prohibit carry. I can carry a Compound Bow and arrows, knives, tasers, etc, but not a firearm. As this has not been adjudicated in court, I have no choice but to leave the weapon home.
As I am required to do a lot of long distance driving with frequent overnights, a court case will clarify is issue.
I know this is a stupid question but if my employer knows that I carry concealed and allows it can he then fire me for carrying a weapon
Yes, he can.
If I am a state employee (not working in a school, power plant, etc.) and my Department has an AP&P that reads as quoted below, is my employer in violation of F.S. 790.251(4)(a)
“IX. WEAPONS
With the exception of duly authorized persons performing official state duties and others who have written authorization from the Department, the possession, use, or threat of use of a weapon is not permitted in employee work areas. Any employee who becomes aware of another employee possessing a weapon in the workplace, who is not authorized to do so, shall immediately notify the immediate or next level supervisor. This supervisor shall immediately notify the Bureau Chief of Human Resource Management and the Inspector General, who shall immediately review the report and make recommendations for action, which may include notifying law enforcement agencies.
A. Non-sworn employees will not carry firearms while at work, or carry onto or possess a firearm while on Department premises, unless required to do so as part of official duties, or specifically authorized and under the conditions or limitations imposed by the Department, consistent with Florida Statutes”