Question re: CCW off limits places in FL [Archive] - Glock Talk

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bluelineman
09-03-2007, 20:03
I've searched the FL Dept of Agriculture website and have not found what I'm looking for. (http://licgweb.doacs.state.fl.us/weapons/possession.html) Is the parking lot of a school OK or off limits for storing a gun in your car (with CCW license)??

Here in Texas it is OK. My Dad spends a lot of time at my niece's school in Florida. He asked the school resource officer & he was no help. He thought it was kind of a grey area as far as the law was concerned.

I would appreciate a link or quote (with source) for the answer if possible.

Thanks!!

RIPPED
09-03-2007, 20:47
as per Florida law..
90.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons
(5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful
and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed
firearm or other weapon for self-defense or other lawful purpose within the interior of a private
conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise
not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a
legal firearm other than a handgun anywhere in a private conveyance when such firearm is being
carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of
a concealed firearm or other weapon on the person. This subsection shall be liberally construed
in favor of the lawful use, ownership, and possession of firearms and other weapons, including
lawful self-defense as provided in s. 776.012.
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BUT

It's been discussed before and it was pretty well agreed that it is not allowed. 790.25 does not apply to vehicles. A separate bill was drafted to make vehicles "private turf" where owners could keep firearms but the bill was NOT passed.

If campus police find a gun in your car (on campus) I'm pretty sure you'll be in cuffs. This was just a general consensus and not expert opinion though.

RULE #1
DO NOT EVER ALLOW ANYONE TO SEARCH YOUR VEHICLE WITHOUT A WARRANT!
AS THE OLD ADAGE GOES. ID RATHER BE TRIED BY 12 THAN CARRIED BY SIX.

Do I disarm when i drive my vehicle on campus to drop off my fiance. Hell No..

Would i leave if asked to because i have a firearm on campus "of course i would" otherwise you can be arrested for armed tresspass after warning.


This goes for any place of buisiness. be it a bank,walmart,mall.. etc.. Do not argue, just say sorry i have offended you and your establishment by exercising my 2nd amendment rights, have a nice day, and walk. I personally boycott places that have NO FIREARMS signs posted visibly on thier doors.

noway
09-03-2007, 21:27
{Is the parking lot of a school OK or off limits for storing a gun in your car (with CCW license)?? }

NO in a nutsheel unless the school has a policy allowing it.

basically if it's not a school sponsor gun event, keep the gun off campus and out of your car.


BTW: I think you need to read 790.115 and in it's enitirely. It explain this law and look at the exceptions in regards to 790.025 and campus parking

RIPPED
09-03-2007, 22:05
i have read it , and my response stays the same..
" Do I disarm when i drive my vehicle on campus to drop off my fiance. Hell No.."

Gmountain
09-04-2007, 05:07
If he is just dropping her off and picking her up, it's okay.

If he is doing more than that, and the school district has a written policy against keeping guns in the parking lot, it is not okay.

rich52us
09-04-2007, 06:41
Originally posted by bluelineman
I've searched the FL Dept of Agriculture website and have not found what I'm looking for. (http://licgweb.doacs.state.fl.us/weapons/possession.html) Is the parking lot of a school OK or off limits for storing a gun in your car (with CCW license)??

Here in Texas it is OK. My Dad spends a lot of time at my niece's school in Florida. He asked the school resource officer & he was no help. He thought it was kind of a grey area as far as the law was concerned.

I would appreciate a link or quote (with source) for the answer if possible.

Thanks!!

I'm looking in Gutmacher's book, "Florida Firearms Law, Use and Ownership, which is considered the authority on firearms possession and carry in FL. CCW holders are treated differntly and can do things on school property that non-CCW holders can't. There's also a federal law, F.S. 790.22 Gun Free School Zone Act, that is in addition to the Florida law, and Gutmacher goes over that too. It's all in Chapter 8 of the book. I have the latest editoin which is the 6th edition. Your father should get a CCW lic if he does not have one, and get Gutmacher's book.

The answer to the specific question is complicated. The FL and Fed laws do not always agree. It's too long to type it all here. I think, however (I'm not a lawyer) If he has a CCW he is OK keeping the firearm in the vehicle in the parking lot. Gutmacher has a chart on page 151 and one part states as an EXCEPTION to the prohibition in the FL law:

"securely encased or not readily accessable in vehicle"

I hope this has helped.

Droanx
09-05-2007, 19:02
I have thought this through long and hard. I am a teacher in FL. I DO NOT store any firearms in my car while at work.

The law has a line in it somewhere that says "on the premises" is not allowed. A vehicle is on the premises in a parking lot. Therefore, I do not leave one in the car as my car is always on the campus for a good 8-9 hours.

I am too lazy to look up the line that says "on the premises" but it is there.

EDITED TO ADD: oops. The word used was "facility" not what I said earlier. So is the parking lot the part of the facility? In my case I say yes, but you can make your own decisions.

(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

bluelineman
09-05-2007, 20:22
I just sent an email to the Attorney General of Florida. When I get a reply I'll post it here. Thanks guys!

najaboy
09-06-2007, 04:18
Originally posted by bluelineman
I just sent an email to the Attorney General of Florida. When I get a reply I'll post it here. Thanks guys!
Generally speaking, the FL AG is legally prohibited from answering this type of question posed by a private citizen.

However, the statutes (both federal and state) and the applicable case law paint a somewhat clear picture for us. For brevity's sake, I'm going to have to

The federal GFSZA prohibits firearms within 1,000 feet of a school. However, those who hold a ccw issued by the state (or a political subdivision thereof) where the school is located are exempted.

FL statute prohibits firearms in school facilities. A facility, for purposes of the law, is a structure- not a parking lot. For purposes of dropping her off and picking her up, the OP's father would be okay so long as he has a FL cwl.

As for parking and leaving a securely encased firearm in the vehicle, it is generally okay. In order to waive the car carry exemption to FL statute, a school must have a written and published policy explicitly waiving it. A simple "no guns" policy does not meet this requirement. Even then, if a school properly waives the exemption, it has been surmised (but not directly addressed) by the 5th DCA that there could be no legal ramifications as a school district cannot create a crime where none existed before.

rich52us
09-06-2007, 04:51
Originally posted by najaboy
Generally speaking, the FL AG is legally prohibited from answering this type of question posed by a private citizen.

However, the statutes (both federal and state) and the applicable case law paint a somewhat clear picture for us. For brevity's sake, I'm going to have to

The federal GFSZA prohibits firearms within 1,000 feet of a school. However, those who hold a ccw issued by the state (or a political subdivision thereof) where the school is located are exempted.

FL statute prohibits firearms in school facilities. A facility, for purposes of the law, is a structure- not a parking lot. For purposes of dropping her off and picking her up, the OP's father would be okay so long as he has a FL cwl.

As for parking and leaving a securely encased firearm in the vehicle, it is generally okay. In order to waive the car carry exemption to FL statute, a school must have a written and published policy explicitly waiving it. A simple "no guns" policy does not meet this requirement. Even then, if a school properly waives the exemption, it has been surmised (but not directly addressed) by the 5th DCA that there could be no legal ramifications as a school district cannot create a crime where none existed before.

That's a very complete answer based on what I read in Gutmacher:thumbsup: :thumbsup:

Gmountain
09-06-2007, 05:02
That is what I said.

bluelineman
09-06-2007, 21:46
Thanks for the replies. :thumbsup: