Florida Preemption question

[divemedic]

I work for a city government in Florida, and I have a CWP. Last year, I met a gentleman in a professional capacity who threatened my life while in the county lock up (I put him there) to the point where the Sheriff's Department called me and my employer to inform us that he was being released, and had made threats to my life. As a result, new safety rules were put in place, ordering employees to lock doors, etc.

Just a month or two a go, in an unrelated move, a new policy manual was released, which prevents employees from having weapons on city property, on penalty of termination.

My question is this: Since Florida has preemption, would the new policy be a violation of that?

 

[divemedic]

I forgot to include the applicable law. 790.33, applicable portions to follow:

(1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.

<snip>

(3) POLICY AND INTENT.--

(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.

 

[9mmHP]

These questions are usually analyzed under what capacity the entity is operating in making the rule. If the unit is operating in its government capacity then it would be void, but this is not a law of general applicability. It is, I believe, operating in its proprietary capacity or capacity as employer, in which it has the same power as private employers to make rules for its workforce. Florida law may provide otherwise, but I'd be very surprised if it did.

 

[Jets2007]

If he threatened you... then you need to protect yourself and your family. No questions asked.

 

[Hkmp5sd]

Your employer sets the guidelines for your employment. Even if it is a city/county government entity, their employment rules can prevent you from carrying while working. Florida resently tried to pass a law to stop employers from preventing employees from having firearms in their vehicles while at work, but it was shot down.

Either you obey your employer's rules or rist termination. The state's CCW will not protect you.

 

[Justme]

You might try getting special dispensation considering the circumstances. These sorts of threats have to be taken seriously by the LE agencies and your bosses. If you go through the motions of asking for special permission then if something did happen you could at least argue "I tried the legitimate channels but they wouldn't listen". Make them deny you the right to protect yourself in writing if possible, then if you are caught breaking policy and get in trouble the union or an HR lawyer might have something to work with.