Posted On: April 26, 2010 by Balliro Seltzer

NRA Rallies in Favor of Legislative Amendment Allowing Motorists to Carry Guns in Cars

As NRA referral attorneys and Miami-Dade firearms criminal defense attorneys, we were pleased to see a nod to gun rights as the Legislature comes to a close. As The Buzz blog of the St. Petersburg Times reported April 26, the amendment is one sentence on an agricultural bill, reading “However, a (firearm) licensee may not be prevented from transporting or storing a lawful firearm in a private vehicle for lawful purposes if the vehicle is otherwise lawfully present.” The NRA strongly backs the amendment, saying it would allow lawful people with concealed weapons permits to exercise their constitutional rights. The organization is fighting the Florida Chamber of Commerce, which cast the fight as an issue of private property owners’ rights.

The amendment is similar a previous Florida law that made it illegal for businesses to prohibit employees with concealed carry permits from bringing their guns to work and leaving them in a locked car in the parking lot. The Florida Chamber of Commerce opposed that bill as well, and even sued to overturn it. However, the court sided with the rights of gun owners, ruling that employers may not interfere with workers’ rights to carry a concealed weapon legally and safely. If the amendment currently before the Legislature passes, the law would extend to any private-property parking lot of a business, even if that business bans guns. In an email to supporters, the NRA noted that a father wanting to visit his son’s grave currently has to go home and put his gun away before visiting, even though the gun would stay in the car.

Our West Palm Beach gun crimes defense lawyers support this amendment. We believe strongly in the Second Amendment, and we do not believe it stops applying just because a gun owner steps onto private property. This amendment specifies that the firearm must be lawful; it must be transported or stored for lawful purposes; and the vehicle must be lawfully present. That is, nothing in this amendment can be construed to endorse illegal guns or illegal behavior by gun owners. There are numerous legitimate reasons why someone might want to carry a gun in a car, including protection as well as trips to the shooting range or hunting trips. If the amendment doesn’t pass, law-abiding gun owners who want to stop for a sandwich on the way home could be kicked out of such a business despite not doing anything wrong.

Law offices of Sebastian John Balliro, P.A. is proud to help gun owners resolve legal problems related to Florida and federal firearms law. We handle both criminal and civil matters related to guns. Our Fort Lauderdale weapons crimes defense attorneys defend clients accused of all types of firearms crimes, from nonviolent possession to serious offenses like armed robbery. On the federal level, we can help firearms owners defuse government investigations into import-export businesses, large collections or other activities that could be confused with a crime. We also represent clients in legal proceedings that are not related to crime, such as appealing the denial of a concealed weapons permit, hunting licensing or restoration of civil rights to people trying to move past a criminal conviction.

If you’re charged with a firearms crime in Florida, don’t hesitate to call Balliro for help. To set up a free, confidential consultation, call us toll-free from anywhere in Florida at 1-866-FIREARMS or contact us through our website.

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