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You asked this with no context whatsoever, because the Florida law we're discussing would NOT allow people to carry guns on the private property, except for the brief period they are parking their car/driving off the property. It's about laws that allow weapons to be locked in cars, not whether people can carry firearms onto property/into buildings/etc.
You keep saying that but it makes no sense. Private property is private property. There is no distinction between a parking lot and a store. One is not "more private property" than the other.
This bill is trying to allow people to carry firearms onto private property. How they are carried on is irrelevant.
from F.S. 776
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
5) As used in this section, the term:
(a) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property
therefore, F.S. 790.06 authorizes carry,
(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Per Florida Statutes,section 810.02
defines “burglary” as “entering or remaining in adwelling, a structure, or a conveyance with the intent to commit anoffense therein. . . .” §810.02(1), Fla. Stat. (1995). There arethree essential elements of burglary: (1) a knowing entry into aconveyance; (2) knowledge that such entry is without permission;and (3) criminal intent to commit an offense within such aconveyance. T.S.J. v. State, 439 So. 2d 966 (Fla. 1st DCA 1983).
.According to section 810.011(3), Florida Statutes (1995), a“conveyance” is defined as “any motor vehicle, ship, vessel,railroad car, trailer, aircraft, or sleeping car.” To enter aconveyance includes taking apart any portion of the conveyance.
so we have Statues pertaining to Dwellings, Structures, and Vehicles..
They are treated diffrently..
The question I propose is this.
How can the person who owns/leases the parking lot for their business, that is open to the Public, and wishes not to have weapons on their property.
Not take away either 2nd amendment rights, or rights granted by Florida Statue 790, or Florida Statue 776?
a comprimise is leaving them in a locked vehicle, on the parking lot of the employer, since the vehicle is considered a conveyance, which is at a location temporarily. and is treated diffrently than real property, but does have rights..
the distinction is made when a CCW licensee disarms himself, and locks it in the vehicle, prior to becoming a pedestrian on others property. he still is in a occupied vehicle, and is covered under F.S. 790, lawful carry, and F.S. 776, occupied vehicle for justified use of force.
A person possessing arms at his or her home or place of business;