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Thread: can you have a gun in your car on a college campus?

  1. #1
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    i was wondering what the Florida Law is on having a gun (to CCL holders) in your vehicle in the parking lot of a college campus?



    is it allowed?

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    I dont see a reason you cant carry your firearm to COLLEGE( not a grade school)and keep it in your car.As long as it remains in your car. I too attend COLLEGE and my firearm follows my everywhere I go, even COLLEGE.But it stays in my car during classes and I return it to my hip at the end of classes and I'm enroute home.

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    SSGDeMattiaYG wrote:
    i was wondering what the Florida Law is on having a gun (to CCL holders) in your vehicle in the parking lot of a college campus?



    is it allowed?
    CWFL holder or not, it is not unlawful to have ahandgun "securely encased" within your vehicle on a college campus:

    790.115(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:
    . . .

    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.



    790.25(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.

    To be completely legal, the handgun would need to be securely encased or not otherwise available for immediate use, at the point you entered the campus. In other words, don't wait till you get to the parking lot to secure it. If you run a stop sign on your wait to the parking lot and get pulled over, it could be very bad!

    ETA: Colleges and Universities are not 'School Districts' and therefore cannot waive the exception in subsection 3 of 790.115(2)(a) - this is according to Jon Gutmacher.

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    so would be legal if it is in a holster and in the glove box?

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    Thanx for the insight .That was helpful info!Take care and stay armed!

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    How'd that brboyer guy get in here? Sheeesh...leave the door open long enough...

    He, of course, is completely correct.
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    Florida Carry, Inc.

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    SSGDeMattiaYG wrote:
    so would be legal if it is in a holster and in the glove box?
    In the glove-box, holster or not is fine. In a snapped holster, anywhere is fine.

    Here's the definition:

    790.01(17) "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.





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    rvrctyrngr wrote:
    How'd that brboyer guy get in here? Sheeesh...leave the door open long enough...

    He, of course, is completely correct.
    Well you were raised in a barn, so leaving the door open is normal for you.:P

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    thats what i figured









    doesnt hurt to make sure

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    brboyer wrote:
    rvrctyrngr wrote:
    How'd that brboyer guy get in here? Sheeesh...leave the door open long enough...

    He, of course, is completely correct.
    Well you were raised in a barn, so leaving the door open is normal for you.:P
    Not a lot of barns down in the 'glades. I wish I was raised in a barn....then I'd have had a door to close! Try waking up with an alligator in your living room!

    Damn city slickers.

    Go 'Rays!!!!! :celebrate
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    [rant]
    Even if you can have a gun in your car on your particular college campus, IMHO its a very very bad idea. At least where I went to school (Univ of Okla.) there were people who's sole purpose in life were to break into the students cars in the parking lots and steal stereos, textbooks, laptops, CDs, or anything else that wasn't welded and shackled down to the chassis. From what I've heard from my brother at the Univ of Texas, its the same way.

    The thieves didn't care what time of day it was either. I once had an el-cheapo $120 CD player stolen out of my '95 Ford Escort in broad daylight during one break on campus. The thief used a claw hammer to pop off the left passenger window and then proceeded to demolish my dash to get the CD player out.

    My $0.02 is that if you are going to leave a gun in the car I would keep it in one of the heavy duty lockable boxes or consoles. One made out of steel and attached to the car with something other than a cable. (The bike thieves on campus prowl every night and cut any lock that is'nt a Kryponite U-Lock.

    [/rant]

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    soloban wrote:
    [rant]
    Even if you can have a gun in your car on your particular college campus, IMHO its a very very bad idea. At least where I went to school (Univ of Okla.) there were people who's sole purpose in life were to break into the students cars in the parking lots and steal stereos, textbooks, laptops, CDs, or anything else that wasn't welded and shackled down to the chassis. From what I've heard from my brother at the Univ of Texas, its the same way.

    The thieves didn't care what time of day it was either. I once had an el-cheapo $120 CD player stolen out of my '95 Ford Escort in broad daylight during one break on campus. The thief used a claw hammer to pop off the left passenger window and then proceeded to demolish my dash to get the CD player out.

    My $0.02 is that if you are going to leave a gun in the car I would keep it in one of the heavy duty lockable boxes or consoles. One made out of steel and attached to the car with something other than a cable. (The bike thieves on campus prowl every night and cut any lock that is'nt a Kryponite U-Lock.

    [/rant]
    LOL, I can assure you that "It AIN'T THAT WAY" at the University of Florida or in Gainesville in general We're part time residents there and we've never had a problem with car break-in either on campus, near campus, or down town.
    StaySafe,
    MG
    NRA Certified Instructor

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    brboyer wrote:
    SSGDeMattiaYG wrote:
    i was wondering what the Florida Law is on having a gun (to CCL holders) in your vehicle in the parking lot of a college campus?



    is it allowed?
    CWFL holder or not, it is not unlawful to have ahandgun "securely encased" within your vehicle on a college campus:

    790.115(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:
    . . .

    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.



    790.25(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.

    To be completely legal, the handgun would need to be securely encased or not otherwise available for immediate use, at the point you entered the campus. In other words, don't wait till you get to the parking lot to secure it. If you run a stop sign on your wait to the parking lot and get pulled over, it could be very bad!

    ETA: Colleges and Universities are not 'School Districts' and therefore cannot waive the exception in subsection 3 of 790.115(2)(a) - this is according to Jon Gutmacher.
    I'm afraid you are mistaken. "Postsecondary" schools are defined as "colleges and universities". Having a firearm in your vehicle on campus would be illegal. Ask a lawyer or law enforcement official if you doubt me.

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    jrdangle wrote:
    brboyer wrote:
    SSGDeMattiaYG wrote:
    i was wondering what the Florida Law is on having a gun (to CCL holders) in your vehicle in the parking lot of a college campus?



    is it allowed?
    CWFL holder or not, it is not unlawful to have ahandgun "securely encased" within your vehicle on a college campus:

    790.115(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:
    . . .

    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.



    790.25(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.

    To be completely legal, the handgun would need to be securely encased or not otherwise available for immediate use, at the point you entered the campus. In other words, don't wait till you get to the parking lot to secure it. If you run a stop sign on your wait to the parking lot and get pulled over, it could be very bad!

    ETA: Colleges and Universities are not 'School Districts' and therefore cannot waive the exception in subsection 3 of 790.115(2)(a) - this is according to Jon Gutmacher.
    I'm afraid you are mistaken. "Postsecondary" schools are defined as "colleges and universities". Having a firearm in your vehicle on campus would be illegal. Ask a lawyer or law enforcement official if you doubt me.
    No, I'm not. It is perfectly legal to keep a firearm in your car on College/University property.

    I have had this discussion with my lawyer and HCSO, and USF PD and they have all agreed with my interpretation.

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    It's perfectly legal to keep a gun [following the requirements of FRS 790.025] in your car on school grounds...though its a good idea to conceal it well [preferably somewhere a thief would be less likely to look] and not tell anyone. While it is legal, you might still run into problems:

    1) Police are generally poorly informed on gun laws. I've actually heard police cite the infamous x step rule, which does not exist (at least in this state). I doubt very many officers are aware that it is legal to have a gun ["securely encased" in your car] on campus. You're likely to be detained at the very least until they clear it up.

    2) Legal or not, the university might try to take action (suspension, expulsion) against you if they find out. Personally, I'd rather be expelled that be unarmed if some crazy opens fire on-campus. If you ever have to use your weapon on-campus, legal or not, it will probably mean the end of your college career. Still better IMHO than being dead.

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    jrdangle wrote:
    I'm afraid you are mistaken. "Postsecondary" schools are defined as "colleges and universities". Having a firearm in your vehicle on campus would be illegal. Ask a lawyer or law enforcement official if you doubt me.
    I would never recommend anyoneseek legal advice from a law enforcement officer.
    Rich
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    PITCH IN, QUIT B*TCHING!

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    rnascak wrote:
    jrdangle wrote:
    I'm afraid you are mistaken. "Postsecondary" schools are defined as "colleges and universities". Having a firearm in your vehicle on campus would be illegal. Ask a lawyer or law enforcement official if you doubt me.
    I would never recommend anyoneseek legal advice from a law enforcement officer.
    I agree 99.9% but in my case I was having the discussion with the High School Principal and we went and spoke to the Sheriff's Office School Resource Officer as he would be the individual most likely to make an arrest in this situation.

    The principal wanted the LEO to know I was a 'good guy' and would be spending a lot of time on campus.

    And that I had guns in the car! :celebrate

    Humm, now that I think about it, the Principal could have authorized me to carry on campus....

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    Not offering legal advice but I work for the Dept of Education. A school district is defined by the Florida Constitution and is NOT a postsecondary institution. The standard school districts are defined as corresponding to the 67 defined counties in Florida and have an elected school superintendent. There are also a handful of special purpose districts used for tracking purposes of PK-12 students (e.g. School for Deaf and Blind, the lab schools at five universities, Florida Virtual Academy). Colleges and universities do not possess nor are a part of any school district.

    DOE also prohibits employees from carrying at work. I have to leave my gun in the car and rely on my "common pocket knife" in the building.

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