Firearms on School Property [FL]

[AWorthyOpponent]

I have looked into the topic of firearm/SD weapon vehicle carry on university campuses in the state of Florida for a paper I have to write. I know that according to 790.06, people with a license are not allowed to carry concealed on school grounds. I have thought for years that you are not allowed to carry a firearm in your glove box, trunk, etc if you are going to be on a campus. This would basically mean that you could not secure your firearm in your vehicle when going onto a campus and would have to simply leave it at home, leaving yourself vulnerable if you stopped to get gas, or had vehicle problems on the way to or from.

Does anyone know if this is true? Maybe link to a statute or case law?

 

[HappyHunting]

Well I can't help with specific laws and what not, but here in Alabama at UA the police tell people to make sure they don't leave any guns in their car ever on campus. They also, for intelligible reason, want you to register your CCW with the university and take a 45 minute class. And then you still can't have a firearm on campus in your vehicle or on your person.

 

[brboyer]

I have looked into the topic of firearm/SD weapon vehicle carry on university campuses in the state of Florida for a paper I have to write. I know that according to 790.06, people with a license are not allowed to carry concealed on school grounds. I have thought for years that you are not allowed to carry a firearm in your glove box, trunk, etc if you are going to be on a campus. This would basically mean that you could not secure your firearm in your vehicle when going onto a campus and would have to simply leave it at home, leaving yourself vulnerable if you stopped to get gas, or had vehicle problems on the way to or from.

Does anyone know if this is true? Maybe link to a statute or case law?

First, 790.06(12) says the license does not authorize you to carry on the property of a school. It does not prohibit it, that is an important distinction.

790.115(2)(a) is the statute that prohibits one from possessing a weapon on school property. But there is an exception. #3 says you can keep a gun in your car if it is stored in accordance with 790.25(5) - which says the weapon must be securely encased or otherwise not readily accessible for immediate use.
Those two terms are defined in 790.001 - but basically glove-box or console or another closed container.

Now exception #3 also says that School Districts may have written policies that waive the exception, thus making it illegal, but there is some question as to the constitutionality of this. The Legislature is prohibited by the Florida Constitution from delegating it's "law making" power to the Executive Branch (School District) by allowing them to declare something as a felony with nothing more than a published policy. Also Colleges/Universities are not School Districts. School Districts are specific legal entities and political subdivisions of the state.
Although we do not have good case law on this, several judges have made these statements in cases before them.


I won't link to each individual statute, but here is a link to Chapter 790.

 

[Packman]

If I understand the statute correctly, you may keep it in your glovebox without violating law. However, you are almost certainly violating school policy. Accordingly, if you're found out, plan to be expelled. They may also attempt to press charges such as armed trespass. Whether such a charge would hold is between your attorney and the judge.

Now... I'm not a lawyer. Consult one before attempting to use any advice contained herein.

Packman

 

[Packman]

Doubletap. Sorry.

 

[brboyer]

If I understand the statute correctly, you may keep it in your glovebox without violating law. However, you are almost certainly violating school policy. Accordingly, if you're found out, plan to be expelled. They may also attempt to press charges such as armed trespass. Whether such a charge would hold is between your attorney and the judge.

Now... I'm not a lawyer. Consult one before attempting to use any advice contained herein.

Packman

Correct. Students can get expelled and employees can get fired.

There is no way a trespass charge would ever stand, as you are, at least, an invitee. Florida's trespass laws are extremely specific.

 

[AWorthyOpponent]

I am fully aware that it would violate school policy, and I do not intend to do so. There are serious academic sanctions that would result at my current university. Furthermore, 790.06 concerns a License to carry concealed weapon or firearm, which I am not concerned with at this time. Many people take the statutes regulating concealed carry and interpret incorrectly assuming that they relate to vehicle carry.

The exception in 790.115(2)(a)(3) states: In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

Wouldn't "school districts' refer to simply the counties school district. Would a university be considered its own school district?As far as the remainder of the exception to the exception, a person traveling through the area in a vehicle, not a student, would not be bound by this "parking privilege", would they? This would have nothing to do with driving through the campus as a regular individual, say taking a shortcut on the way to work, that happened to cross campus.

I am writing a paper for one of my Criminal Justice courses, so I'd rather not pay a lawyer.

 

[brboyer]

I am fully aware that it would violate school policy, and I do not intend to do so. There are serious academic sanctions that would result at my current university. Furthermore, 790.06 concerns a License to carry concealed weapon or firearm, which I am not concerned with at this time. Many people take the statutes regulating concealed carry and interpret incorrectly assuming that they relate to vehicle carry.

The exception in 790.115(2)(a)(3) states: In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

Wouldn't "school districts' refer to simply the counties school district. Would a university be considered its own school district?As far as the remainder of the exception to the exception, a person traveling through the area in a vehicle, not a student, would not be bound by this "parking privilege", would they? This would have nothing to do with driving through the campus as a regular individual, say taking a shortcut on the way to work, that happened to cross campus.

I am writing a paper for one of my Criminal Justice courses, so I'd rather not pay a lawyer.

See my previous response...but to address these specific questions:

Wouldn't "school districts' refer to simply the counties school district

Correct. Specific legal entities, subdivisions of the State which derive their power from the state. See Florida Statutes 1001.

Would a university be considered its own school district?

No. School Districts govern K-12 schools in the various counties in the state.
Post secondary education is governed by the Florida College System and the State University System.
Three distinctly separate legal entities.

We may not read into statutes, words they do not contain. -Courts must follow this tenet. In exception #3 to 790.115(2)(a), the Legislature specifically used the term "School Districts" but did not also include the phrase "University Board of Governors" or something similar, nor the words College or University. Therefore we must conclude that the Legislature only meant to convey the authority to 'School Districts': county-wide K-12 only. Even though such delegation is unconstitutional.

As far as the remainder of the exception to the exception, a person traveling through the area in a vehicle, not a student, would not be bound by this "parking privilege", would they? This would have nothing to do with driving through the campus as a regular individual, say taking a shortcut on the way to work, that happened to cross campus.

Correct, driving through campus cannot be construed to mean parking. Even if we accept the unconstitutional wording in exception #3, we are still talking about college/universities which are not school districts.

 

[Deus Machina]

Hillsborough Community College, at least, states

The following acts shall be deemed as misconduct on college property/site, including Hawks Landing, or at college sponsored activities under this Code:
...
E. unauthorized use, possession or storage of any weapon(s), firearm(s) and/or explosives of any kind.

The Florida state law as pertains to such has been mentioned above.

I'm following this thread, curious if a college can forbid storage in a vehicle outside of the actual buildings, and just how they would expect to enforce that in a manner that would not leave them open to a lawsuit (IE, illegal search).