WV Honors AL. . . Florida, Illinois & Mississippi Updates.

[Gary Slider]

The West Virginia Attorney General is reporting that West Virginia will now honor Alabama. This brings to 30 the number of states West Virginia Honors. Alabama honors all other states Permit/Licenses. http://www.wvago.gov/gunrecep.cfm

The Mississippi Attorney General has put out an opinion on where those with an Enhanced Mississippi Permit can carry and also addresses city restrictions and open carry. You can read the part that just talks about where those with just an Enhanced Permits can carry Here: http://www.handgunlaw.us/documents/agopinions/MSAGOpinionWhereEnhancedPermitHoldersCanCarry.pdf
and the whole opinion here: http://www.handgunlaw.us/documents/agopinions/MSAGOpiniontoClarifyGunCarry.pdf

The Florida 1st District Court of Appeals ruled that State Colleges/Universities in Florida can’t have rules/regulations about securing firearms in your vehicle in their parking areas. The Univ of N. Florida was sued in court and the court ruled that they could not ban or have restrictions for Guests/Students/Faculty with a valid Permit/License to Carry from storing firearms in their locked vehicles in their parking areas. This ruling applies to all State supported Colleges/Universities. Private Colleges/Universities can have rules that apply to Students/Faculty on storing firearms in their vehicles on Private College/University property but that person is not breaking a law but only a school rule and they could be expelled or fired for breaking that Private Schools rule. You can read the ruling Here: http://www.handgunlaw.us/documents/agopinions/FLAppealsCtUnivBanonFirearms.pdf

The Illinois State Police have added additional Information to their website for applicants. You can see their latest info Here: https://ccl4illinois.com/ccw/public/home.aspx

www.handgunlaw.us has been updated with all the information mentioned above.

 

[oneounceload]

Florida is one of those states where state law has forbidden employers (with a few exemptions) from preventing folks from keeping their guns in their cars in the parking lot. Typical exemptions are facilities that generally fall under HS like nuke power plants and similar; otherwise, you are GTG.

 

[brboyer]

The West Virginia Attorney General is reporting that West Virginia will now honor Alabama. This brings to 30 the number of states West Virginia Honors. Alabama honors all other states Permit/Licenses. http://www.wvago.gov/gunrecep.cfm

The Mississippi Attorney General has put out an opinion on where those with an Enhanced Mississippi Permit can carry and also addresses city restrictions and open carry. You can read the part that just talks about where those with just an Enhanced Permits can carry Here: http://www.handgunlaw.us/documents/agopinions/MSAGOpinionWhereEnhancedPermitHoldersCanCarry.pdf
and the whole opinion here: http://www.handgunlaw.us/documents/agopinions/MSAGOpiniontoClarifyGunCarry.pdf

The Florida 1st District Court of Appeals ruled that State Colleges/Universities in Florida can’t have rules/regulations about securing firearms in your vehicle in their parking areas. The Univ of N. Florida was sued in court and the court ruled that they could not ban or have restrictions for Guests/Students/Faculty with a valid Permit/License to Carry from storing firearms in their locked vehicles in their parking areas. This ruling applies to all State supported Colleges/Universities. Private Colleges/Universities can have rules that apply to Students/Faculty on storing firearms in their vehicles on Private College/University property but that person is not breaking a law but only a school rule and they could be expelled or fired for breaking that Private Schools rule. You can read the ruling Here: http://www.handgunlaw.us/documents/agopinions/FLAppealsCtUnivBanonFirearms.pdf

The Illinois State Police have added additional Information to their website for applicants. You can see their latest info Here: https://ccl4illinois.com/ccw/public/home.aspx

www.handgunlaw.us has been updated with all the information mentioned above.

The Univ of N. Florida was sued in court and the court ruled that they could not ban or have restrictions for Guests/Students/Faculty with a valid Permit/License to Carry from storing firearms in their locked vehicles in their parking areas.

Gary, this is not an accurate representation of the ruling.

Any person 18 years of age or older, not otherwise prohibited by Federal or State law, may 'possess' a handgun that is "securely encased or is otherwise not readily accessible for immediate use" in their car on a college/university campus. The ruling does not limit this to CWFL holders.

This also is not part of the ruling:

locked vehicles

Nor is the ruling limited to:

their parking areas

Just trying to help provide accurate, detailed information.

P.S. Thanks for providing a wonderful tool for folks to keep abreast of the laws that impact them.


Definitions contained in 790.001:

"Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

"Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

 

[Gary Slider]

In Florida law it states that a College or University is Off Limits to students/faculty but the UNF was not even allowing parking lot storage.

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 non-lethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

The Florida Parking Lot Storage Law states:

(a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area.

So it has to be a locked vehicle or a locked box attached to the vehicle. That is why I stated Locked.

You don’t have to have a permit/license to carry. I misspoke there as anyone who can legally own a firearm and is 18 can carry a loaded handgun in a vehicle in Florida.

 

[brboyer]

In Florida law it states that a College or University is Off Limits to students/faculty but the UNF was not even allowing parking lot storage.

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 non-lethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

The Florida Parking Lot Storage Law states:

(a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area.

So it has to be a locked vehicle or a locked box attached to the vehicle. That is why I stated Locked.

You don’t have to have a permit/license to carry. I misspoke there as anyone who can legally own a firearm and is 18 can carry a loaded handgun in a vehicle in Florida.

I think you are getting your statutes confused.

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 non-lethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

This is 790.06(12)(a)(13) and only applies to folks possessing a firearm in accordance with their CWFL in a college/university facility. Parking lots are not facilities. Even of they were, subparagraph 15(b) states: "A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes."
In any case, this statute is not the subject of the ruling, and does not apply to folks carrying under the provisions of 790.25(5) via 790.115(2)(a)(3).


The "parking lot law" 790.251, has nothing to do with the legality of possessing a firearm anywhere in the state. It simply provides protection for employees ONLY (those with a CWFL) from disciplinary action for keeping a firearm in their car on employee property. Plus it does not apply to schools, of any description.


790.115, is the statute under review in this ruling. It prohibits firearms on the property of any school, period. With three noted exceptions, the last of which reads:

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

which requires it to be "securely encased or is otherwise not readily accessible for immediate use". Those terms are defined in my previous post.

Now, the final portion of that third exception reads:

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.

So 'School Districts' can legally waive the exception which makes any possession of a firearm in one's car on the property of any school unlawful.

The court ruled that Colleges/universities are not "school districts" and therefore do not have the authority to waive this exception.

So, in summary, anyone 18 or older, not otherwise prohibited by law, may 'possess' a firearm in their car on the property of a university/college if it is 'securely encased'. No need for the vehicle to be locked, or for the firearm to be in a locked container. Also it is not limited to being in the parking areas (this is important) it applies wherever the vehicle is on campus, including streets.


Also, your final paragraph would be better phrased as:

anyone who can legally own a firearm and is 18 can keep a handgun in a vehicle in Florida, if that handgun is in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access; or is otherwise stored in accordance with 790.25(5). AND the possession of the firearm is not otherwise restricted by State or Federal law/regulations.

Without a CWFL, it is a felony for someone to 'carry' a concealed firearm on or about their person in their car.

I know this seems like a bunch of minutiae, but it really is important.

 

[Gary Slider]

You just stated it better than I can and I was trying to abbreviate everything as people don't like to read long posts. The court just ruled they couldn't have a rule against students keeping a firearm in their vehicle when parked in the school parking lot. The university said they had the right to have that rule like a school district and the court ruled they were not a school district.

The parking lot law 790.251 (4) (a) is the law that states the firearm (When left in the vehicle) Must be in a Locked Vehicle or a Locked Box attached to the vehicle. The glove box would be fine but the vehicle must be locked. I did err in putting those with a valid Permit/License.

 

[brboyer]

You just stated it better than I can and I was trying to abbreviate everything as people don't like to read long posts. The court just ruled they couldn't have a rule against students keeping a firearm in their vehicle when parked in the school parking lot. The university said they had the right to have that rule like a school district and the court ruled they were not a school district.

The parking lot law 790.251 (4) (a) is the law that states the firearm (When left in the vehicle) Must be in a Locked Vehicle or a Locked Box attached to the vehicle. The glove box would be fine but the vehicle must be locked. I did err in putting those with a valid Permit/License.

Still incorrect.

790.251 has nothing, at all, to do with the legal implications of keeping a firearm in your car anywhere in the state.

It's sole purpose is to prevent an employer from firing or otherwise disciplining an employee (with a CWFL) for keeping a firearm in their car on company property. To qualify for this statutory protection the employee must keep the firearm 'locked up'.

But that has nothing at all to do with this ruling.

 

[45crittergitter]

The MS attorney general's opinion has some points that conflict with, or at least are unsupported by state law and state constitution. He's apparently trying to straddle the fence and get everyone to vote for him.