A recent Florida court ruling in McDaniels v. State struck down the state’s open-carry ban, effectively making open carry the new law for adults who can lawfully possess a firearm. This ruling follows Florida’s existing “constitutional carry” law (effective July 1, 2023), which allows for permitless concealed carry.
Here is a summary of the key points and what they mean for employers:
Summary of Florida’s New Open Carry Law
- Open Carry is Legal: Following the court decision, eligible adults can now generally carry a firearm openly in most public places. The Attorney General has directed that the former ban not be enforced.
- Restricted Locations Remain: The new open carry rule does not apply everywhere. A long list of prohibited places, such as courthouses, schools, and the parts of restaurants primarily devoted to alcohol service, still restrict firearms.
- Permitless Concealed Carry Continues: Florida’s existing law allowing qualifying individuals to carry concealed weapons without a license remains in effect.
- No Menacing Displays: The law does not authorize exhibiting a firearm in a “rude, careless, angry, or threatening manner” (menacing display), nor does it allow possession by prohibited persons (e.g., convicted felons).
What This Means for Employers (Business Owners)
The most important takeaway for private employers is that the new open carry law does not override their right to prohibit firearms on their private property.
Employer’s Rights and Actions:
- Right to Ban Firearms: Private business owners maintain the right to ban both open and concealed firearms on their property, including in company-owned or leased vehicles and equipment.
- Enforcing the Ban for Customers/Visitors: If a customer or visitor refuses to leave after being informed of a “no firearms” policy, the business can treat it as a trespass, which may result in armed trespass charges (a third-degree felony).
- Best Practices for Notice: To properly enforce a ban, employers should consider:
- Posting clear, conspicuous signage at every public entrance (e.g., “No Firearms Allowed”).
- Enacting and disseminating clear employment policies with consequences for violations.
- Training staff on how to politely inform armed individuals of the policy and request compliance or departure, and when to escalate to management or law enforcement.
Florida’s “Bring Your Guns to Work” Statute (Exceptions to the Ban):
This existing law imposes limits on an employer’s ability to ban firearms for employees and invitees in parking lots:
- Guns in Private Vehicles are Protected: Employers may not prohibit employees or invitees from possessing legally owned firearms that are locked inside or locked to a private vehicle in a parking lot when the person is lawfully in the area.
- Prohibited Employer Actions: Employers may not:
- Inquire about or search for the presence of a firearm in an employee’s or invitee’s vehicle in the parking lot.
- Discriminate against or terminate an employee based on a statement about having a lawful firearm in their private vehicle.
- Condition employment on holding or not holding a concealed-weapons permit.
- Prohibit an employee or invitee from entering the parking lot because their vehicle contains a legal, out-of-sight firearm.
- Terminate or discriminate against an employee for exercising the right to keep and bear arms, as long as they don’t exhibit the firearm on company property for any reason other than lawful defensive purposes.
Resources: Littler Mendelson Article
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