Gov. Crist signs guns in parking lot bills; legal battle to follow

[Garand Illusion]

Not trying to restart the debate about this and it's affect on property rights and etc., but this bill is now signed and awaiting it's day in court (and there is also a poll to participate in):

crist Signs bill

The Florida Chamber of Commerce and the Florida Retail Federation are ready to pay a legal tab they expect to total at least $250,000 to counter what they term an assault on private property rights.

"Fundamentally, this has never been about guns for us," the chamber's Adam Babbington said. "This is about who can decide what goes on private property, the property owner or government."

Supporters of the guns-to-work bill, though, say another constitutional principle is at stake: the Second Amendment right to bear arms.

Marion Hammer, a spokeswoman for the National Rifle Association, said she doesn't think the new law conflicts with the Constitution. It only upholds rights citizens already have, she said.

With this new law probably going to be restrained and the law in Okalahoma is overturned and on appeal, there's nothing much to do except wait for the courts to figure it out.

 

[DonR101395]

#

Gov. Charlie Crist has signed a bill into law that allows Florida residents to keep guns locked in their cars at work. What's your take on the new law?

I am in favor of the law (6275 responses)

91.0%

I am opposed to the law (563 responses)

8.2%

I'm undecided on the issue (33 responses)

0.5%

I don't care (26 responses)

0.4%

* 6897 total responses

Like you said, we'll have to wait and see.

 

[FireMax]

At least Crist had the guts to sign it. In Georgia, our so-called Republican governor still hasn't signed bill HB89 which will give us more rights.

 

[Wuchak]

"Fundamentally, this has never been about guns for us," the chamber's Adam Babbington said. "This is about who can decide what goes on private property, the property owner or government."

BS. It's about trying to be master over your employees (serfs). If it's about private property rights why aren't they taking on OSHA? Or the ADA? Or the local zoning board? All of these groups dictate what can be done on their private property.

 

[STAGE 2]

With this new law probably going to be restrained and the law in Okalahoma overturned and on appeal

And what justification (or expertise for that matter) do you have to make this assessment.

 

[divemedic]

I don't think that the judge's ruling in OK will stand. Even so, OK is not in the same Circuit as FL- so the OK case is not controlling, no matter how it turns out.

 

[Garand Illusion]

And what justification (or expertise for that matter) do you have to make this assessment.

Perhaps I used the wrong term.

I think that the opposing groups in FL are trying for a restraining order on the new law so that it won't be implemented until the court cases are through. I also believe the OK law is not being enforced until the court case is decided.

I wasn't trying to make an assessment or even an opinon, just stating what I believed to be the facts.

 

[STAGE 2]

I don't think that the judge's ruling in OK will stand. Even so, OK is not in the same Circuit as FL- so the OK case is not controlling, no matter how it turns out.

Its not controlling, but it still is authoratitive. If one circuit rules that OSHA preempts, then its a pretty fair bet that the other circuit will as well. Courts like uniformity.

 

[divemedic]

Then explain how cases like Heller make it to SCOTUS

 

[STAGE 2]

Then explain how cases like Heller make it to SCOTUS

Ummm, because the two have nothing to do with each other.

I would hope you would understand the difference between preventing private ownership of handguns and a business owner now allowing firearms onto his property.

 

[divemedic]

My comment was in response to the poster who said that a decision in the 10th circuit is "authoritative" in other circuits, more specifically the 11th (where FL is located)

The fact is, different circuits rule differently, and that is why the SCOTUS has to step in sometimes to settle the matter. If this were not the case, the 9th circuit would be controlling the US with all of their funky rulings.

It is actually common for circuits to have differing opinions in decisions. While a decision from another circuit may be persuasive, and an attorney is free to cite it, it is not authoritative, nor does it bind the court.

The OK decision has absolutely nothing to do with private property rights. It is about OSHA compliance, more specifically 29CFR 1910. You can think that the OK ruling is a victory all you want, but if you think a law allowing employees to have a firearm locked in their car is an infringement, you ain't seen nothin yet, if OSHA authority gets expanded as this ruling is hinting.

 

[Garand Illusion]

Then explain how cases like Heller make it to SCOTUS

Exactly. I don't know if the circuit court that controls Fla will find this as a violation of property rights or a conflict with OSHA safety rules, but this is a separate case from OK and like has been said they can totally ignore that ruling if they want to. Which I believe could potentially send it to SCOTUS ... though if it's OSHA vs. State Law I don't think it would be considered a consitutional case so I'm not sure how that would work.

I still consider this a minor infringement on property rights vs. many, many other laws that have been passed. And if those other laws survived court review, there's no reason to think it's impossible this one won't as well.

If it comes down to the safety of individual vs. the sanctity of property rights ... I will hope the Court comes down on the personal safety side.

We will have to wait and see ...

 

[STAGE 2]

My comment was in response to the poster who said that a decision in the 10th circuit is "authoritative" in other circuits, more specifically the 11th (where FL is located)

It is authoratative, just not binding. When a circuit deals with a case of first impression, one of the first things they do is look at what other circuits have done. Since OSHA is federal law, the same conditions are present in FL as they were in OK. And like I said, circuits like uniformity.

The OK decision has absolutely nothing to do with private property rights. It is about OSHA compliance

Right, which is why 2/3's of the decision dealt with property rights