Uber's Gun Ban vs Florida's Gun in Cars Protection
By Zach McCormick
June 21, 2015
Uber recently announced a 'no gun policy' that prohibits both drivers and riders from keeping a firearm "of any kind" in a "ride arranged through the Uber platform". The policy goes on to state that anyone found in violation of this policy "may lose access to the Uber platform". The question that has now been raised is whether Uber's stance conflicts with Florida's formidable prohibition on discrimination against gun possession in vehicles.
Officially titled "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicle's Act of 2008" this law is colloquially known as the 'Guns in Cars Act" and can be found within Fla. Stat. 790.251. With some exceptions, this law allows a "worker" (including a contractor) with a concealed weapons permit to store their firearm in their vehicle while it is in a parking lot owned or controlled by their employer. Not all employers are subject to the rule and so places such as prisons, certain school property, national defense contractors and a few others are exempt. Also, if the employer owns (or leases) the vehicle, then the employer is allowed to prevent the worker from keeping a gun in it.The statute grants the Florida Attorney General the authority to initiate legal inquiries into prospective violations of the law and gives a worker the right to sue an infringing employer.
Because the phrasing of the Florida act mostly focusses on vehicles that are in a parking lot, the question of whether a ride sharing driver would be entitled to the 'Guns in Cars" protection while on the road is, as yet, unanswered. However, the drafters of the final bill included a statement of legislative intent that seems to unequivocally assert a commitment to protecting Florida workers' rights to keep their guns in their cars.
As an interesting aside, the portion of the law that also protected customers' rights was essentially neutered by a federal inunction in Florida Retail Federation, Inc v. Attorney General of Florida, 576 F. Supp. 2d 1281 (N.D.FL 2008). The language relating to customers can however, still be found within the statute.
It would seem that Uber's new policy is all but certain to conflict with Florida's gun law and we shall have to wait to see how it all shakes out.
A blog by attorney Zach McCormick covering topics ranging from angry anteaters to zombie zoologists.
Where does it say you even need a concealed weapons permit?
ReplyDelete(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
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