Legal to have guns if I live near a school?

[megatronrules]

Is it legal for me to have my guns if I live enar a school? I may be moving to a house thats right in back of a school would this make having guns a problem? I could have swore I read somewhere that you can't pocess a firearm within 1,000 feet of any school is this right,if so what exactly does it mean for me as a gun owner living in back of a school? I know you can't ccw in a school but thats a far cry from carrying/owning guns living near a school. Thanks for any help with this guys.

 

[GigaBuist]

I'd hunt down the local statues. I know nothing about Florida law and you may wish to contact the local PD and ask them about it -- WITHOUT saying you'll be buying a house. Get them to declare it's illegal to be within X feet and have them tell you which section of of the law deals with this. Look it up and interpret it for yourself.

Now, if the law provides no provision for gun ownership on your residence within X feet of the law it's up to you what you do.

Me? I'd clean my rifles outside every darned day I felt like it and make a flaming ruccus about being told my rights are limited because I own property close to a school.

 

[Sam Adams]

I can't quote you chapter & verse, but it ISN'T illegal to own guns within 1,000 feet of a school.

Also, IIRC, the school zone portion of the federal law was struck down as being an unconstitutional federal mandate under the 10th Amendment (probably the first time that the 10th has been used to invalidate a law - it is more ignored than any but the 3rd).

I'd consult with a local attorney who knows something about either firearms law and/or criminal law, because the penalties if I'm wrong are pretty severe.

 

[Hkmp5sd]

790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--

(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.

http://www.flsenate.gov/Statutes/in...&Search_String=&URL=Ch0790/SEC115.HTM&Title=->2003->Ch0790->Section%20115

 

[Mr. Kook]

Great, so instead of nailing you while you're cleaning your rifle in the yard they'll nail you while you're transporting it in your car to and from the range.

 

[WT]

Look at it this way. The school kids are probably better armed than you are.

 

[Hkmp5sd]

Nope

nail you while you're transporting it

790.25 Lawful ownership, possession, and use of firearms and other weapons.--

(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

(n) A person possessing arms at his or her home or place of business;

AND

790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--

3. In a vehicle pursuant to s. 790.25(5);

Note that 790.115 allows you to possess a gun in your vehicle on school property.

 

[Carlos]

Great, so instead of nailing you while you're cleaning your rifle in the yard they'll nail you while you're transporting it in your car to and from the range.

The statute clearly says it's lawful to do anything on your own property.

Statutes regarding transportation are pretty clear as well.

Looks like you're ok. I wouldn't be cleaning any guns in view of the public though.