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Let me state unequivocally that the "Commuter Protection" or "Trunk Doctrine" law they just passed here in Florida is stupid, wrong, and a waste of everything from money to political capital. I'm disappointed in the NRA for pushing such a boneheaded law. This law is supposedly a boon for our rights as it "allows employees to keep a weapon secured in their vehicle". I call bunk.

I dislike this law because it is too narrow to be of any use. It only protects a specific class of citizen from searches for a particular object all the while pitting rights activists against right activists.

The contract between you and your employer is just that. If a place that requires males to dress in hot pink Capri pants and full clown makeup and states that you're not allowed to talk in anything but third person omniscient, then there is nothing the state can do if you refuse to follow their rules and they fire you.

You, as an employee, can also require that your employer sing "Yankee Doodle Dandy" every time you go to the bathroom or else you quit. At-will employment goes either way.

What I believe a company cannot do is fire you for being white, male, straight, or Catholic, just like they can't fire you for being black, a woman, gay, or an atheist. I also believe they should not have the legal right to search your conveyance without a warrant. What is inside my car is my property, period. They can tell me I cannot bring X into their parking lot, they just should be required to get a warrant to see if I comply or not.

Now, since I believe in at-will employment, my company can fire me because it's Thursday and the pollen count is too high. What I want is that if they fired me truly because I refused a search that they would have to risk perjury in court, something I assure you the HR department would much rather avoid.

By doing it that way, property rights are respected across the board, not just for CCW holders and firearms. But instead, the boneheads at the NRA had to make it just about boomsticks and for a protected class of citizen, and about that I'm none too happy.

There's nothing odd about my position. I'm passionate about all rights, not just about guns and this issue sticks out at me as a poor way to go about securing them both.

rolled out on Thursday, April 10, 2008 4:37 PM
Comments
# re: Bad, bad, bad law - straightarrow

Rolled Out On: 4/10/2008 8:53 PM

disagree, the employer's property rights end at my property.

# re: Bad, bad, bad law - Robb Allen

Rolled Out On: 4/10/2008 9:13 PM

SA, I think you've misread me. I agree with your view totally and think that unless ALL searches are forbidden, then it's bad law. They can fire me because of my refusal to consent to a search, but they'll have to lie about it in court to do so.

My car, my shit. Period. They can tell me I can't bring X, Y, or Z into the parking lot, but there's no way for them to confirm I'm obeying their rule.

So, we're in agreement unless I'm missing what you're saying.

# re: Bad, bad, bad law - Bugspray

Rolled Out On: 4/10/2008 10:06 PM

I think the law returns to the citizen what has been ursurped by companies. Florida law has always allowed firearms in vehicles. Businesses took that right away in the name of "employee safety" and "property rights". The law reaffrims and codifies the original right to keep guns in our private conveyance even if they are on private property. Is that bad law? The companies can still use vehicle searches on their property as a condition for employment but the can't fire you exercising your legal rights.
Don't throw the fish back in the pond because it's not big enough for a meal, catch more fish!

# re: Bad, bad, bad law - Ted

Rolled Out On: 4/10/2008 10:29 PM

What pisses me off even more about this piece of shit is that it is limited only to those who have a CCW, when right now I can carry my loaded gun in my glovebox without having a CCW. This law is removing a right that I am already guaranteed and putting even more limits on the law abiding.

# re: Bad, bad, bad law - Robb Allen

Rolled Out On: 4/10/2008 10:44 PM

Bugspray, Ted indicates one major flaw in that this law is so narrow it only applies to CCW holders as if somehow we're "above" others. We're not.

The other issue is that the amount of political capital it took to catch this fish. It's used up. It's gone. To push for broader laws is not going to happen for a long time. The NRA treated this as their pet project and refused to back down, as shitty as the law is written.

Nothing has changed. Nothing has been fixed. It is a bad law because rights are still not being respected. I'm not generally an all or nothing kind of guy, but in certain instances like this, the incremental approach is simply not worth it.

We need to remind people that we're for all rights, not just gun rights, or else we lose the support of our neighbors. Laws like this give people ideas that we're just wanting to tote guns around, every other right be damned.

# re: Bad, bad, bad law - BugSpray

Rolled Out On: 4/10/2008 11:33 PM

Even though the media says it only applies to ccw holders the text of the bill does not bear this out.

http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb050303er.html&Directory=session/2008/House/bills/billtext/html/

Our rights are taken away incrementally, is it wrong to get them back that way? The law as I read it applies to ALL Floridians not some, so it is inclusive and not exclusive.


# re: Bad, bad, bad law - Michael hawkins

Rolled Out On: 4/11/2008 2:43 AM

20 001 and counting?

# re: Bad, bad, bad law - Robb Allen

Rolled Out On: 4/11/2008 8:54 AM


73 (c) "Employee" means any person who possesses a valid
74 license issued pursuant to s. 790.06 and:


That's the CCW part. It's hidden and only referenced once as far as I can tell except in the subsection regarding conditions of employment.

# re: Bad, bad, bad law - James Nelson

Rolled Out On: 4/11/2008 4:13 PM

It isn't a great law, but it is a good first step. My car is my private property no matter where it is.

# re: Bad, bad, bad law - straightarrow

Rolled Out On: 4/11/2008 5:48 PM

sorry rob, I must have misunderstood. I still think it is better than not having it. I agree with you that the law is too narrow, however, my hope is that if it becomes established that employers cannot search your vehicle for an item, it will logically follow and be codified that they cannot for any item.

# re: Bad, bad, bad law - Scott

Rolled Out On: 4/11/2008 7:08 PM

The Georgia version (HB 89) only applies if the lot isn't open to the public. It clearly states that the employer can still fire you. But, if they break the law the state AG can go after them.

# re: Bad, bad, bad law - Wayne

Rolled Out On: 4/26/2008 12:33 AM

You say the law is too narrow.

Why would the NRA, a firearms organization, lobby for a law addressing anything more than the firearms rights?

If you want an organization that works for a broad base of rights, then support the ACLU. Just don't expect them to protect your firearms rights.

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