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  • Loss Prevention CCW Florida

    Hey everyone, I have a question about the law pertaining to concealed carry at work as a retail Loss Prevention Officer in Florida. My company policy prohibits all weapons, but legally speaking and company policies aside, am I allowed to conceal carry to work? I have my CCW permit of course. I am proprietary/in-house LP, not contracted. I do not have a security license. Wouldn't I be legally considered a regular employee and allowed to carry at my job with a CCW just like every other store employee?
    Last edited by cluckduck; 02-28-2017, 12:12 AM.

  • #2
    I can't address your CCW issues but there is a labor/civil issue you need to research.

    Most states have laws requiring employers to reimburse employees for expenses they incur when acting within the scope and course of their duties. This is what requires employers to defend you against civil suits for things you do in the job, pay for actual damage awards against you arising from those suits, pay workers comp claims for injuries, etc.

    If your state has such a law and were a lawsuit to arise, or you or someone else to be injured as a result of you carrying a prohibited firearm, your employer is likely to claim you were acting outside the scope and course of your duties. As such, they might refuse to defend you against any civil suits, refuse to pay any awards against you and deny any workers comp claims if you are injured. This will necessitate your selling or mortgaging everything you own to pay for an attorney to defend you in court, to pay for your medical bills and to pay for court judgements.

    If your employer says no firearms - leave it at home or find a job where they are allowed. It's not worth the risk.
    Going too far is half the pleasure of not getting anywhere

    Comment


    • #3
      Originally posted by cluckduck View Post
      Hey everyone, I have a question about the law pertaining to concealed carry at work as a retail Loss Prevention Officer in Florida. My company policy prohibits all weapons, but legally speaking and company policies aside, am I allowed to conceal carry to work? I have my CCW permit of course. I am proprietary/in-house LP, not contracted. I do not have a security license. Wouldn't I be legally considered a regular employee and allowed to carry at my job with a CCW just like every other store employee?
      You answered your own question
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

      Comment


      • #4
        Originally posted by cluckduck View Post
        Hey everyone, I have a question about the law pertaining to concealed carry at work as a retail Loss Prevention Officer in Florida. My company policy prohibits all weapons, but legally speaking and company policies aside, am I allowed to conceal carry to work? I have my CCW permit of course. I am proprietary/in-house LP, not contracted. I do not have a security license. Wouldn't I be legally considered a regular employee and allowed to carry at my job with a CCW just like every other store employee?
        Your employer's policy concerning firearms is the governing policy for you at the workplace. Your CCW permit does NOT overide your company policy.Stated another way, should you elect to carry a firearm at work, in violation of company policy, your CCW permit will not prevent you from being disciplined or terminated.

        Comment


        • #5
          For another perspective, consider this: I may legally be allowed to come to work wearing nothing but a banana hammock. That doesn't mean it isn't outside of agency policy and I cannot be punished for my actions, despite the fact that it is legally permissible.

          Legal ≠ authorized.

          Comment


          • #6
            No offense but you are LOSS PREVENTION, you don't need to carry chit. Is a TV, food or clothes stuffed into a bag worth your life, someone else's like? So the person walks out, use your resources of cameras and document.

            security or loss prevention have no need to put their lives at risk for low pay and merchandise, unless someone is getting assaulted.

            reread all of the above posts and decide for yourself. Do you have a supplemental insurance incase the company doesn't cover you?
            I'd rather be judged by 12 rather carried by 6.

            It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

            Comment


            • #7
              I see from your posting history that you are in the process of trying to become a police officer. Do you realize what a termination for carrying an unauthorized weapon will do your chances of getting hired as a police officer? You will become an automatic DQ everywhere you apply.

              Is feeling cool at work really worth losing everything for?
              Originally posted by kontemplerande
              Without Germany, you would not have won World War 2.

              Comment


              • #8
                You should do what YOU want, not what others say or is policy. The world revolves around YOU.
                Now go home and get your shine box!

                Comment


                • #9
                  I have a feeling that we'll be reading about the OP in the news. :-(
                  Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

                  Comment


                  • #10
                    Originally posted by SRT936 View Post
                    I see from your posting history that you are in the process of trying to become a police officer. Do you realize what a termination for carrying an unauthorized weapon will do your chances of getting hired as a police officer? You will become an automatic DQ everywhere you apply.

                    Is feeling cool at work really worth losing everything for?
                    To make it clear, I'm not planning to carry to work, I just wanted to know the legality of it because my buddy posed the question to me and I thought it was kind of an interesting question because I couldn't find a straight answer.

                    Comment


                    • #11
                      If work prohibits it, it's prohibited
                      Former Police Officer (Injured LOD)
                      USAF VETERAN 2004-2012
                      "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
                      Emergency Services Dispatcher, APG MD

                      Comment


                      • #12
                        Originally posted by cluckduck View Post

                        To make it clear, I'm not planning to carry to work, I just wanted to know the legality of it because my buddy posed the question to me and I thought it was kind of an interesting question because I couldn't find a straight answer.
                        Heck, why not go straight to the source and check with the agency that issued your CCW. I believe the Department of Agriculture is still issuing them. While you're at it, check with a criminal defense attorney as well as a deputy prosecutor in your jurisdiction to see what they say. Maybe if you ask enough people you'll eventually get the answer you want to hear.
                        Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

                        Comment


                        • #13
                          Originally posted by HI629 View Post

                          Heck, why not go straight to the source and check with the agency that issued your CCW. I believe the Department of Agriculture is still issuing them. While you're at it, check with a criminal defense attorney as well as a deputy prosecutor in your jurisdiction to see what they say. Maybe if you ask enough people you'll eventually get the answer you want to hear.
                          While it may be against policy and I'm not going to take the risk of carrying, I still think it wouldn't be a terrible idea if it weren't against policy. For instance, these LP employees could've been killed if a CCW permit holder wasn't around. This story is just one example out of many.

                          http://www.usatoday.com/story/news/n...bbing/6874597/

                          This LP officer was shot and killed apprehending someone over a pack of T-shirts.

                          http://www.nbcmiami.com/news/Funeral...171329851.html

                          I'm not sure why everyone acts like we shouldn't have a right to self defense as well.

                          Comment


                          • #14
                            Originally posted by cluckduck View Post

                            While it may be against policy and I'm not going to take the risk of carrying, I still think it wouldn't be a terrible idea if it weren't against policy. For instance, these LP employees could've been killed if a CCW permit holder wasn't around. This story is just one example out of many.

                            http://www.usatoday.com/story/news/n...bbing/6874597/

                            This LP officer was shot and killed apprehending someone over a pack of T-shirts.

                            http://www.nbcmiami.com/news/Funeral...171329851.html

                            I'm not sure why everyone acts like we shouldn't have a right to self defense as well.
                            1) Observe
                            2) Report

                            I wouldn't put my tail on the line for what LP guys get paid. Most larger companies now have a "no hands" policy. It's a pack of t-shirts. Not worth losing your life over. As LP, you lack the training that a LEO has. Most states require 40 hours or less training for guards, LP, etc. LEO get months of training. Not only do LEO get trained on how to apprehend, they also get trained on laws related to apprehension. If you want to carry a gun and go "hands on", then become a LEO. Otherwise, follow your post orders and store policy.

                            Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

                            Comment


                            • #15
                              Originally posted by HI629 View Post

                              1) Observe
                              2) Report

                              I wouldn't put my tail on the line for what LP guys get paid. Most larger companies now have a "no hands" policy. It's a pack of t-shirts. Not worth losing your life over. As LP, you lack the training that a LEO has. Most states require 40 hours or less training for guards, LP, etc. LEO get months of training. Not only do LEO get trained on how to apprehend, they also get trained on laws related to apprehension. If you want to carry a gun and go "hands on", then become a LEO. Otherwise, follow your post orders and store policy.
                              My store policy is that we have to use reasonable force to apprehend the shoplifter and recover the merchandise. The company I work for is really "gung ho" about us getting apprehensions. I agree with what you said, I want to become an LEO but I'm having a hard time landing a job in LE down here

                              Comment

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