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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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“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
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“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
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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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#15 ChicagoRonin70

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Posted 15 June 2018 - 01:27 PM

 

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.

 

 

Hah! An update for here!

 

Early one morning last September, Lyft driver Jaleesa Rance picked up two men from the Sidetrack nightclub in Lakeview. They started arguing when one of the men said she had taken a wrong turn, according to police. Rance stopped her car, pulled a Smith and Wesson handgun from the center console and told them to “get out of my (expletive) car.” As they left, she yelled a gay slur and said, "I'll blast you." She was charged with aggravated assault and unlawful use of a weapon, but was acquitted. Lyft later made clear their drivers are not to have weapons in their cars.

 

http://www.chicagotr...0523-story.html

 

Even funnier, I got into an argument with the publishers of Crime in Wrigleyville and Boystown, who were spastically livid about this incident and insulting me because I made the comment that the incident was most likely the result of the driver drawing her concealed firearm due to being threatened. They actually blocked me from responding to their tirade. This was before they deactivated the ability for anyone to post comments on that site.

 

And, a quick follow up to my contacts from journalism sources confirms that indeed, it appears that the two passengers did act aggressively towards the driver, which was why she drew her firearm, despite the unfortunate slur she used towards them.

 

Which was likely why the charges were dropped, because she was female being confronted by two men, and thus the disparity of force. They did file a lawsuit in civil court, though, against Lyft, to try to get money for the incident.


“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

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#16 gunuser17

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Posted 16 June 2018 - 08:30 AM

If the quoted language is correct, then the driver was aquitted.  That means there was a trial and the driver was found not guilty or there was a motion for aquittal and the judge found the driver not guilty.  That is far different than the prosecutor simply dismissing the case which, in theory, might be able to be brought again unless dismissed with prejudice.  Either way, the driver is probably out of harms way now.



#17 Eli Mcfly

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Posted 16 June 2018 - 10:50 PM

Does that mean she could get her gun back?

#18 lawman

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Posted 17 June 2018 - 08:37 PM

yes



#19 C0untZer0

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Posted 18 June 2018 - 06:28 AM

The UUW charge would mean the driver didn't have a CCL.

 

The driver may not have had a FOID - that will get you a UUW.

 

The driver may have had a FOID and the gun may have been unloaded and enclosed in a case or console, but the passengers wouldn't have known that - maybe the cops decided to let a jury decide those issues.

 

If the defendant can convince a judge or jury that they were in fear for their life or in fear of grave bodily harm, then that would be an affirmative defense to the UUW charge.

 

If the defendant had a FOID and was legally "Transporting" their firearm under Illinois law, and could convince a judge or a jury of that, then they would be found not guilty of he UUW charge.


 

Mayor Bloomberg himself has recently turned his attention from oversize soft drinks to gun control, confirming the tendency of the Progressive to go from nanny to tyrant.
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#20 C0untZer0

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Posted 18 June 2018 - 06:32 AM

Unlawful Use of a Weapon is a charge of manufacturing, selling, purchasing, possessing or carrying - an item listed in the statute as a weapon - which includes firearms.


 

Mayor Bloomberg himself has recently turned his attention from oversize soft drinks to gun control, confirming the tendency of the Progressive to go from nanny to tyrant.
- N. A. Halkides -
 
“There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters” 
- Daniel Webster -
 
The urge to save humanity is almost always a false front for the urge to rule. 
- H. L. Mencken -
 
“Any government big enough to give you everything you want is big enough to take away everything you have."

 


#21 ChicagoRonin70

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Posted 19 June 2018 - 06:46 PM

If the quoted language is correct, then the driver was aquitted.  That means there was a trial and the driver was found not guilty or there was a motion for aquittal and the judge found the driver not guilty.  That is far different than the prosecutor simply dismissing the case which, in theory, might be able to be brought again unless dismissed with prejudice.  Either way, the driver is probably out of harms way now.

 

You appear to be correct, sir.

 

The UUW charge would mean the driver didn't have a CCL.

 

The driver may not have had a FOID - that will get you a UUW.

 

The driver may have had a FOID and the gun may have been unloaded and enclosed in a case or console, but the passengers wouldn't have known that - maybe the cops decided to let a jury decide those issues.

 

If the defendant can convince a judge or jury that they were in fear for their life or in fear of grave bodily harm, then that would be an affirmative defense to the UUW charge.

 

If the defendant had a FOID and was legally "Transporting" their firearm under Illinois law, and could convince a judge or a jury of that, then they would be found not guilty of he UUW charge.

 

The driver had both a FOID and a CCL, apparently.


“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 


#22 djmarkla

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Posted 20 June 2018 - 06:24 AM

First one to phone the police is presumed to be the good guy . even if you don't press the trigger you should probably make the call.




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