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Florida Driver Challenges Uber's Ban on Guns


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#1 Hipshot Percussion

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Posted 28 August 2017 - 08:09 AM

From Firearm Owners Against Crime

 

Last week, Jose Mejia filed a federal class-action lawsuit against Uber, alleging its no-firearms policy violates Florida law.

The complaint, filed Friday in Fort Lauderdale federal court, cites the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act, passed by the Florida Legislature in 2008.

The law allows legal gun owners to keep firearms in their vehicles on their employer’s property and bans any employment discrimination based on gun ownership.

According to the complaint, Mejia holds a permit to carry a concealed weapon and he wants the option to carry his firearm while shuttling people around the state.

“You may or may not agree with the Second Amendment, but it is not up to Uber to unilaterally decide drivers’ constitutional rights or their rights under this law,” said Mejia’s attorney, Elizabeth Beck of Miami-based Beck & Lee Trial Lawyers.

 

Uber banned drivers and passengers from carrying firearms in 2015 after a Chicago driver shot a suspected gunman who fired into a group of people in Logan Square.

In the past, Uber has attempted to skirt some employment laws by claiming drivers are independent contractors and not actual employees. However, Mejia’s attorney points to language in the 2008 Florida statute that specifically covers independent contractors and volunteers.


“I have fought the good fight to the end; I have run the race to the finish: I have kept the faith."  Timothy Chapter 4 verse 7

 

"Legitimate self-defense has absolutely nothing to do with the criminal misuse of guns."   Gerald Vernon, veteran firearms instructor

 

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#2 mic6010

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Posted 28 August 2017 - 08:24 AM

I wish we had that law here in IL.


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#3 tkroenlein

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Posted 28 August 2017 - 08:30 AM

We do.


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#4 Hazborgufen

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Posted 28 August 2017 - 08:52 AM

Yeah, Uber policy might run afoul of Florida law, but it probably won't be a problem in other places.



#5 Jeffrey

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Posted 28 August 2017 - 09:32 AM

Some rules are meant to be broken.  Before the panties get in a twist, I am not talking about breaking laws.  Only rules made by an employer that you will never see face to face.  If you are independent then you decide your rules.


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#6 Mr. Fife

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Posted 02 September 2017 - 05:52 AM

This seems like a good place to post this... http://www.cwbchicag...n-boystown.html Uber Driver Pulled Gun On Boystown Couple, Cops Say An Uber driver is facing charges after she allegedly pulled a handgun on two passengers in the 400 block of West Melrose early Friday. A Boystown couple took a picture of the driver with her gun and called police at 2:03 a.m., a CPD spokesperson said. Cops caught up with the car at Addison and Broadway moments later. 25-year-old Jaleesa Rance of Aurora is charged with two misdemeanor counts of aggravated assault with a deadly weapon and one misdemeanor count of unlawful use of a weapon on a public street. A handgun was recovered from her vehicle, according to police. Rance was identified by the two men, ages 31 and 26, police said.

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#7 ChicagoRonin70

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Posted 03 September 2017 - 12:28 AM

This seems like a good place to post this... http://www.cwbchicag...n-boystown.html Uber Driver Pulled Gun On Boystown Couple, Cops Say An Uber driver is facing charges after she allegedly pulled a handgun on two passengers in the 400 block of West Melrose early Friday. A Boystown couple took a picture of the driver with her gun and called police at 2:03 a.m., a CPD spokesperson said. Cops caught up with the car at Addison and Broadway moments later. 25-year-old Jaleesa Rance of Aurora is charged with two misdemeanor counts of aggravated assault with a deadly weapon and one misdemeanor count of unlawful use of a weapon on a public street. A handgun was recovered from her vehicle, according to police. Rance was identified by the two men, ages 31 and 26, police said.

 

According to this article, the driver has a valid concealed carry license, so just given that concealed carriers are the least likely demographic to commit any crime, much less a firearm crime, I would suspect that she was threatened by the two men that she had in her car in some way, and they just managed to get a photo and call to the police before she did.


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#8 Mr. Fife

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Posted 03 September 2017 - 09:31 AM

Can you still get AAW if you have a CCL?

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#9 THE KING

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Posted 03 September 2017 - 09:43 AM

Can you still get AAW if you have a CCL?

What's AAW



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#10 Mr. Fife

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Posted 03 September 2017 - 09:49 AM

aggravated assault with a deadly weapon

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#11 THE KING

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Posted 03 September 2017 - 09:51 AM

aggravated assault with a deadly weapon

Thanks



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#12 tkroenlein

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Posted 03 September 2017 - 10:35 AM

Can you still get AAW if you have a CCL?

With a handgun, I believe the AUUW law applies, where agg assault with a deadly weapon would apply to a baseball bat, knife, etc.

And yes, I believe you could. There are no exceptions for the use of a firearm in the FCCA, only possession.

ETA: I kinda wrote that weird. Short version is I think a handgun is in a separate section, on account of its more scarier to be threatened with a handgun, than it is say, a battle axe.

Edited by tkroenlein, 03 September 2017 - 10:39 AM.


#13 Talonap

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Posted 03 September 2017 - 04:22 PM

 

Can you still get AAW if you have a CCL?

What's AAW

 

 

Root Beer with an actual letter, "A", instead of the, "&", thingy.



#14 Mr. Fife

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Posted 03 September 2017 - 04:23 PM

A And W. Lol.

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