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Column
Think of it as a way to save on gasoline
By HOWARD TROXLER
Published March 29, 2007
How many times has this happened to you? You decide to open fire at your workplace, to terrorize your boss and co-workers... ... only to realize that your gun is not in your car out in the parking lot. No. Your stupid company policy forbids weapons on company property. So you have to drive ALL THE WAY HOME to get your gun. This, of course, is terribly inconvenient. Fortunately, the Florida Legislature is all over this problem. There are bills in both our House and Senate this year to make it illegal for employers to ban weapons in their own parking lots. This is absolutely true. Senate Bill 2356 and House Bill 1417 say that no employer or business could bar guns, as long as employees or customers owned them legally and kept them locked in their cars. SB 2356 says that a citizen does not give up the right to keep "constitutionally significant" property merely by becoming "a customer, employee, or invitee" of an employer or business. Employers and businesses could not search cars on their property, could not have a no-weapons policy as a condition of employment, and could not fire an employee or ask any customer to leave merely for having a gun in the car. Interestingly, the bill anticipates the consequences, and says that no property owner will be held liable when a gun owner shoots somebody. The bill has a loophole for employers related to "national defense, aerospace or domestic security," who could still ban weapons if they presented "an increased danger of explosion or reasonably predictable catastrophic event." Schools are exempt, too. In the event you think this is a wacky idea that has no chance: SB 2356 was approved this week by the Senate Criminal Justice Committee by a vote of 7-1, and has one other committee before reaching the full Senate. To quote the singer Alanis Morissette, isn't it ironic? This same Legislature is considering a bill to allow supermarkets, Wal-Marts and such places to prohibit political activity by citizens and customers on their premises, such as gathering petition signatures, under the theory of "private property rights." But those places would be powerless to keep out guns. The Second Amendment would trump private property rights, while the First would be a weak sister. Besides the obvious, another flaw with these bills is that they deliberately misunderstand the Constitution. As the old saying goes, one person's right to swing his fist stops at the end of the next person's nose. There is no "free speech" right to cuss out your boss or picket in the middle of Sears, for example. Rights are not absolute - they can be limited by employment, by entry onto commercial property, or by being present in public gatherings. So if we're going to say the Second Amendment trumps all other peoples' rights, I think we oughta include the First too. I envision employee parking lots everywhere filled with bumper stickers saying, "My boss is a $#$%." Especially in the state Capitol. Howard Troxler now has a blog for daily updates, bonus commentary and reader reaction. You can find a link to TroxBlog under the "Blogs" heading on www.tampabay.com, or by typing in the address blogs.tampabay.com/troxler.
[Last modified March 29, 2007, 01:15:35]
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Comments on this article
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by Jennifer
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04/01/07 05:18 PM
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I think it is a private property issue. I think I should be able to tell you not to come into MY HOUSE with a gun. If you have a problem with it, you have the 'right' to find a different job.
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by Don
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03/30/07 06:03 PM
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If you cannot have your self-protection device in your car at work, you cannot have it on the way to and from work. That seems like a lot of territory that the company must assume the responsibility for assuring your safety.
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by Mike
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03/30/07 02:34 PM
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So if your company has the right to tell you what you can and can't have in your car when it's on their property, does that mean they should be able to fire you if they think you should drive a hybrid car, or if you have a tire iron or pocket knife?
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by HowardT
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03/30/07 12:19 PM
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Thanks for the comments -- the strong majority of the e-mail and comments have been in disagreement. I've posted excerpts at TroxBlog -- go to blogs.tampabay.com/troxler
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by Jim
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03/30/07 10:06 AM
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"There is no "free speech" right to cuss out your boss"
Of course there is such a right. However, there may be consequences of such action.
However, property rights cannot extend to an invasion of somebody else's property. Can't search my car!
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by Brian
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03/30/07 09:57 AM
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So you're saying that it's OK for an employer to be able to limit,restrict, or not allow me to exercise a civil right on their property? Interesting idea.
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by Brian
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03/30/07 09:56 AM
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Howard, Fl didn't become "The Old West" when "Concealed Carry" was passed (as people of your ilk had predicted), and nothing of the sort will happen with this issue. You liberal nitwits just don't seem to (or don't want to)learn!
"THE
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by Gerald
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03/30/07 09:01 AM
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Not wacky at all. Why should I be defenseless on my way to and from work? This is what government was intended to do: to balance conflicting rights. And Florida's legislature has done a great job for over two decades.
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by Frank
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03/30/07 08:41 AM
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For the sake of property rights, the law should exempt employers who provide an alternate secure location where employees can store their protection upon arriving at work, and from where they can retrieve it upon finishing work.
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by Jery
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03/29/07 08:54 PM
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The gathering of petitions signatures or political activity at the workplace could possibly be disruptive. A law abiding employee or customer posessing a firearm locked in his vehicle would not. It's none of the employers or store owners business!
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by Jim
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03/29/07 06:53 PM
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Not sure where you stand on Fl gun laws but u might read
4/28 NYTime article under "Education" and the comment by Dad who lost son to shooting.in essence why cant the State
protect us from this?Ironically the article is in a NY paper
by a NY Prof.
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by Butch
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03/29/07 12:24 PM
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If a person wants to do harm at his/her place of work and break already existing state laws against killing or injuring people, does Troxler really think that telling the person that weapons aren't allowed on the property going to stop anything?
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by e
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03/29/07 12:08 PM
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Liberal idiot.....
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by Richard
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03/29/07 11:37 AM
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So if you want to carjack a person or just rob them or simply kill them the best place to do it would be while they are traveling to work. The perps can rely on their victims being unarmed at those times. It's Open Season on victims during the comute
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by Tony
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03/29/07 10:03 AM
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Howard, why didn't you go with the doom and gloom "work places with be the old west" or "walmart parking lots will be free fire zones"? I personally can't stand walking in/out of a business and being solicited to sign a petition.
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