Florida has joined a small number of states, including Georgia and Tennessee, to pass legislation that prohibits business owners from implementing policies that restrict employees and others from bringing legally-licensed firearms onto their property. On April 15, 2008, Florida Governor Charlie Crist signed into law legislation that will allow employees to bring firearms onto company property, without repercussion from their employers, beginning on July 1, 2008. The law covers only those Florida residents who have lawfully obtained a concealed weapons permit, and, if they bring a gun onto company property, it must be locked in their vehicles, out of sight. The law does not extend, however, to select workplaces including prisons, schools, public hospitals, and nuclear power plants. Businesses found to have violated any provisions of the new law face a fine up to $10,000.

The National Rifle Association (“NRA”) has primarily spearheaded the effort with the backing of some labor unions, asserting that this measure is a step forward in the ongoing fight to protect individuals’ Second Amendment right to bear arms. The business lobby, on the other hand, including the Florida Chamber of Commerce and the Florida Retail Federation, are actively fighting the new legislation and are hoping to prevent its July 1 effective date. Those opposed to the legislation argue that it violates the privacy rights of employers to decide what is best for their businesses. Additionally, these critics have expressed concern about the potential risks to workplace safety this new measure poses, citing studies which show that organizations that allow firearms on their property suffer higher rates of workplace homicide on company property.

Does this represent a statutory trend? Can we anticipate similar legislation to follow in other states? Do the constitutional rights of individuals trump the rights of private employers to govern their businesses and their property as they see fit? Many outstanding questions remain, fueling the political firestorm this legislation has created in Florida.