School Free Gun Zones

[bushmaster1313]

I am pretty sure that the Federal Law on gun free school zones has an exemption if the gun is unlocked and in a car trunk.

Anyone know if any states restrict even if locked in the trunk unloaded?
Does FOPA apply to interstate travel passing near a school zone to exempt from local law??


http://codes.lp.findlaw.com/uscode/18/I/44/922

(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;

 

[CHEVELLE427]

FL HAS A 1000 FOOT RULE.

does not matter if you parked across the street on private property unless the owner gives permission

 

[NavyLCDR]

CHEVELLE427:

You might want to read the actual FL statute. It is not as restrictive as you claim it is:

http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0790/Sections/0790.115.html

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 as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, 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.

(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:

1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;

2. In a case to a career center having a firearms training range; or

3. 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.

For the purposes of this section, “school” means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

(b) A person who willfully and knowingly possesses any electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)1. A person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The limitation in Florida is that you cannot EXHIBIT (as in openly display) a firearm within 1,000 ft of a school and you cannot POSSESS a firearm ON school property EXCEPT it is allowed to possess a firearm ON school property in a vehicle. AND there is even an exception to exhibiting a firearm if you are on private property and are either the owner of that private property or have the property owner's permission. Possession of a firearm inside a vehicle on a public street adjacent to a school is legal, as is possession of a concealed firearm (with a permit) on a public street adjacent to school property.

 

[CHEVELLE427]

The limitation in Florida is that you cannot EXHIBIT (as in openly display) a firearm within 1,000 ft of a school and you cannot POSSESS a firearm ON school property EXCEPT it is allowed to possess a firearm ON school property in a vehicle. AND there is even an exception to exhibiting a firearm if you are on private property and are either the owner of that private property or have the property owner's permission. Possession of a firearm inside a vehicle on a public street adjacent to a school is legal, as is possession of a concealed firearm (with a permit) on a public street adjacent to school property.

does not the red contradict the blue
in Florida you do not need a permit to carry a gun in your vehicle as long as it is out of sight IE: glove box, console, case, etc.
i read most of this in the renewal but ill have to research the canceled part as i do not remember seeing anything like that in the renewal paper work, it maybe there worded in such a way as it could fly either ways as usual.
i remember someone posted just such a question a year or so back showings his gps had 1000 feet circles all around schools were you would be within 1000 feet even when driving past a school,

hope your right .

but when you have kids playing cops and robbers and using there fingers as guns and both get suspended for it, I'm sure they would go nuts if they found the really deal in your truck.

my daughter was talking to someone in class about going to the range and the teacher overheard them and

said we will have no gun talk in class

another daughter a few years back had a logo of a gun on her shirt and they gave her 2 options , call someone to bring her another shirt or turn that one inside out. ..i take and pickup my daughter from school everyday and there is a gun in the truck everyday but i try to stay away from school grounds if passable.

will be rereading the new rules sent with the renewal and see if some or all you stated are in it, (i hope they are) and that I'm wrong, THIS P-C STUFF IS OUT OF CONTROL and COMMON SENSE HAS LEFT THE MIND SET.

LIKE THIS WAS IN THE NEWS a few months, 3rd grader i believe was doodling on her desk , wroth her friends name on it and she was arrested for vandalizing, cuffed and hauled off. yes it was wrong to deface property but hauled off to jail == little too much i think, thinks some of us have done when in school we would still be in jail in todays standards

 

[Pete D.]

I am reasonably sure that the question was academic but it makes me wonder about situations. Even if it were illegal to have a firearm in the trunk of your car, how would anyone know? Under what circumstances would that be a problem for a law-abiding, discrete citizen?
I have thought the same thing about similar questions concerning possession of a firearm while driving across state lines. Not to condone any illegal behavior but.....how would anyone know if you had a gun in the trunk? What would a driver have to be doing to be stopped and have the car searched?
Pete

 

[bushmaster1313]

I am reasonably sure that the question was academic but it makes me wonder about situations. Even if it were illegal to have a firearm in the trunk of your car, how would anyone know? Under what circumstances would that be a problem for a law-abiding, discrete citizen?
I have thought the same thing about similar questions concerning possession of a firearm while driving across state lines. Not to condone any illegal behavior but.....how would anyone know if you had a gun in the trunk? What would a driver have to be doing to be stopped and have the car searched?
Pete

Cars do get stopped going into New York City.

Breakdowns

Accidents

 

[CHEVELLE427]

I am reasonably sure that the question was academic but it makes me wonder about situations. Even if it were illegal to have a firearm in the trunk of your car, how would anyone know? Under what circumstances would that be a problem for a law-abiding, discrete citizen?
I have thought the same thing about similar questions concerning possession of a firearm while driving across state lines. Not to condone any illegal behavior but.....how would anyone know if you had a gun in the trunk? What would a driver have to be doing to be stopped and have the car searched?Pete

MIGHT be the same reason we set at a red light at 3am and no body is around, we r the ones that go by the laws of the land and this is why we are allowed to carry a gun even though it is our 2nd amendment right to , but seem's johnny law See's things in a different light sometime

 

[jad0110]

Even if it were illegal to have a firearm in the trunk of your car, how would anyone know? Under what circumstances would that be a problem for a law-abiding, discrete citizen?

Don't forget car accidents. If the wreck is bad enough to demolish your trunk so that an officer can easily see the contents inside, you could be in pretty deep pooh.

School Free Gun Zones

Well I should hope so!!! I wouldn't want my kid going to school in a gun zone (what is that, a shooting range)?

 

[Pete D.]

Cars do get stopped going into New York City.

Breakdowns

Accidents

Accidents.....good point.

Breakdowns - why would that involve a search of your trunk?
Going into NYC.....I am in and out of NYC via the Holland tunnel and other routes at least twice a week and have been for many years. I have never seen a car stopped for a check. Vans and trucks - yes. Cars.....why would an LEO stop your car out of the thousands that are driving by?
My point is that many fears that we have as gun owners and responsible citizens and drivers are baseless or at least so unlikely to happen as to be not worth a second thought.
Pete

 

[Mr.Davis]

Accidents.....good point.

Breakdowns - why would that involve a search of your trunk?
Going into NYC.....I am in and out of NYC via the Holland tunnel and other routes at least twice a week and have been for many years. I have never seen a car stopped for a check. Vans and trucks - yes. Cars.....why would an LEO stop your car out of the thousands that are driving by?
My point is that many fears that we have as gun owners and responsible citizens and drivers are baseless or at least so unlikely to happen as to be not worth a second thought.
Pete

When a your car breaks down and gets towed, what would you do with the gun?

 

[Pete D.]

When a your car breaks down and gets towed, what would you do with the gun?

OK. Another good point, though more often than not such situations do not involve the police. I would go with the tow, and remove the firearm from the car when my ride showed up. I realize, though, that that could get iffy if I had to use public transportation.
The last two breakdowns that I have had (an accident and a radiator hose) - I had no firearm in either case - the car was put on a flatbed and I went with the driver. A friend picked me up. If I'd had a gun, it would have been OK.
In any case, In a gun free school zone.....why would your car get checked if you (or I) weren't doing anything wrong?
Pete

 

[brboyer]

CHEVELLE427:

You might want to read the actual FL statute. It is not as restrictive as you claim it is:

http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0790/Sections/0790.115.html



The limitation in Florida is that you cannot EXHIBIT (as in openly display) a firearm within 1,000 ft of a school and you cannot POSSESS a firearm ON school property EXCEPT it is allowed to possess a firearm ON school property in a vehicle. AND there is even an exception to exhibiting a firearm if you are on private property and are either the owner of that private property or have the property owner's permission. Possession of a firearm inside a vehicle on a public street adjacent to a school is legal, as is possession of a concealed firearm (with a permit) on a public street adjacent to school property.

EXCEPT it is allowed to possess a firearm ON school property in a vehicle.

You missed the important part: "In accordance with 790.25(5)", which means in the center console, glove-box, etc. Not on one's person.

AND there is even an exception to exhibiting a firearm if you are on private property and are either the owner of that private property or have the property owner's permission.

There is no requirement to be the property owner, nor does one need the property owner's permission to carry on their property.

Possession of a firearm inside a vehicle on a public street adjacent to a school is legal, as is possession of a concealed firearm (with a permit) on a public street adjacent to school property

Florida law allows non-CWFL holders to possess a firearm in their center console or glove-box but if you do that within 1,000 feet of a school, you are violating the federal law.

 

[NavyLCDR]

You missed the important part: "In accordance with 790.25(5)", which means in the center console, glove-box, etc. Not on one's person.

True.

There is no requirement to be the property owner, nor does one need the property owner's permission to carry on their property.

If the private property is within 1000' of a school, AND the firearm is being exhibited in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, THEN to be exempt, you must either be on your own private property, or be present on that private property with the permission/invitation of the owner:

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.

Florida law allows non-CWFL holders to possess a firearm in their center console or glove-box but if you do that within 1,000 feet of a school, you are violating the federal law.

True. Unless the firearm is unloaded and in a locked case.

 

[Owen Sparks]

I don't understand how a "school zone" can extend past the school property line onto my private property or even onto the public street that I pay taxes on.

 

[mboylan]

All good reasons to have a CCW permit. Those school exclusion zones exist in states with 2nd Amendment concealed carry laws.

 

[Kentucky_Rifleman]

Well I should hope so!!! I wouldn't want my kid going to school in a gun zone (what is that, a shooting range)?

I grew up here in rural Kentucky and graduated high school in '85. I distinctly remember how deer season turned the student (and much of the faculty!) parking lots into something of an armed camp. Every truck and many cars clearly had deer rifles hanging in rifle racks in the rear windows. I'd guess there were 200-300 rifles at school every day of deer season in those days.

I miss the more innocent times, before 911, before all the school shootings, back when we seemed more at peace with ourselves as a nation.

KR

 

[oldbanjo]

PeteD, I'm 65 years old, I have traveled by Van, Car or Motorcycle from Wisconsin to the East Coast and from Fla up the East Coast going North, I won't say how far. I check my lights to be sure all are working, I don't speed and I obey all Traffic Laws, I've never had a problem with the Law and I'm careful not to. I have NEVER been unarmed when traveling.

 

[howlnmad]

All good reasons to have a CCW permit. Those school exclusion zones exist in states with 2nd Amendment concealed carry laws.

Yep. Here in Tn you can carry with a permit on school grounds but only to drop off or pick up.