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  1. #1
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    Default Can Security Guards Openly Carry Guns To and From Work

    My question involves criminal law for the state of: Florida

    Hello to all and thank you so much for your time and effort in addressing my inquiry. I am grateful for it!

    SCENARIO: Let's say an individual has a job doing (Class G) armed security work. Said person takes public transportation (the Metrorail) to and from work. Are they legally allowed and within their rights to carry their duty firearm (on their duty belt) while in complete uniform to and from work?

  2. #2
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    493.6115 Weapons and firearms.—(1) The provisions of this section shall apply to all licensees in addition to the other provisions of this chapter.
    (2) Only Class “C,” Class “CC,” Class “D,” Class “M,” Class “MA,” or Class “MB” licensees are permitted to bear a firearm and any such licensee who bears a firearm shall also have a Class “G” license.
    (3) No employee shall carry or be furnished a weapon or firearm unless the carrying of a weapon or firearm is required by her or his duties, nor shall an employee carry a weapon or firearm except in connection with those duties. When carried pursuant to this subsection, the weapon or firearm shall be encased in view at all times except as provided in subsection (4).
    I suppose your argument would be that commuting is "in connection" with their duties. I suspect that the courts would not agree that commuting to and from work would be in connection with their duties. I have not found anything official but what I am reading suggest that commute time is not considered to be in connection with their duties.

    so, that would be a no, from how I read things.

  3. #3
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    Seems to me that there is a simple solution. A person who already qualified for a Class G license should have no trouble getting a regular concealed carry permit and just carry the firearm in gym bag or some sort of tote while commuting.

  4. #4
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    This is a humdinger. If you go to Dade County ordinance 30b it has been updated to reflect it no longer applies and FL statute 790.33 does.
    http://www.miamidade.gov/transit/passenger-safety.asp#6
    http://www.leg.state.fl.us/Statutes/...s/0790.33.html

  5. #5
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    Quote Quoting Disagreeable
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    This is a humdinger. If you go to Dade County ordinance 30b it has been updated to reflect it no longer applies and FL statute 790.33 does.
    http://www.miamidade.gov/transit/passenger-safety.asp#6
    http://www.leg.state.fl.us/Statutes/...s/0790.33.html
    What no longer applies? The section I cited is specific to security officers.

    and whatever dade county says obviously only applies in Dade county.

  6. #6
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    Metrorail firearm prohibition was based on a MiamDade law which was subsequently ruled illegal by the state of Florida. That is what I was referring to. I approached from that perspective.

  7. #7
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    Quote Quoting Disagreeable
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    Metrorail firearm prohibition was based on a MiamDade law which was subsequently ruled illegal by the state of Florida. That is what I was referring to. I approached from that perspective.
    ah. the problem is; it is not a metrorail prohibition that prevents the carrying of the weapon. The state statutes themselves prohibit it not only on a public transit system but at all when the security guard is not on duty.

  8. #8
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    Interesting situation it appears we have on our hands lol. hence, the purpose of my inquiry

  9. #9
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    Quote Quoting jk
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    I suppose your argument would be that commuting is "in connection" with their duties. I suspect that the courts would not agree that commuting to and from work would be in connection with their duties. I have not found anything official but what I am reading suggest that commute time is not considered to be in connection with their duties.

    so, that would be a no, from how I read things.
    I'm going to suggest just the opposite, that transporting safety tools to and from the work site has a valid relationship to the job being performed and as such, would be considered by the courts to be "in connection" with his duties. This is particularly so when you consider the hazards unnecessarily created by the alternative of leaving a dangerous weapon unattended overnight at the job site, where it could be stolen and used in a crime where others might be injured or killed. Similarly, when the security officer changes job sites he must be able to take his weapoin with him, otherwise he would be left without the tools of his trade.

    My real point here is you can make equally compelling arguments for and against. Given the vagaries involved I doubt any cop is going to take enforcement action under the circumstances described but if one did, I would be surprised if a prosecutor were to file on it.

  10. #10
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    Default Re: Can Security Guards Openly Carry Guns To and From Work

    I think this is a question that OP should be asking his employer who is the one that will be holding the additional class licenses.

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