[Joe]

After reading the FSU thread, I wondered about having a firearm in a glovebox or trunk while in class or working on campus at UNF.

I've looked through their policies and there are no published policies on weapons in vehicles.
(http://www.unf.edu/president/policies_regulations/)
It is clear in the statutes that weapons may NOT be brought INTO any school or college FACILITY or to any athletic event or ON an ELEMENTRY or SECONDARY school (college not mentioned) property.

But what about the "Preservation & Protection of the Right to Keep & Bear Arms in Motor Vehicles Act of 2008?"
This is for employees, so does this allow an employee of a university to leave their weapon legally in their vehicle while at work on a college campus?

And what of students?

If a weapon is securely encased and unaccessable in a vehicle is the owner protected by the Peaceful Private Conveyance provision and right to protect one's self to and from work via the Act mentioned above?

I've also heard by the provisions made with these in conjunction with the exension of the "Castle" law, that a vehicle was considered one's private property (thus the weapon is in private property) (BUT: I've not been able to find supporting/negating evidence on this).

Any gunlaw experts on here care to help?? Can one legally protect themselves to/from UNF campus!?
Thank you!

 

[Superfly]

The relevant information is as follows:

790.251 Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement.

(7) EXCEPTIONS.--The prohibitions in subsection (4) do not apply to:

(a) Any school property as defined and regulated under s. 790.115.

LINK

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.

As long as your school does not have a written and adopted policy disallowing it then you should be fine to keep it concealed in your car.

The only other question I would have is how often does your school search your vehicle when entering/leaving campus? You may now draw your own conclusions.

 

[Joe]

The relevant information is as follows
The only other question I would have is how often does your school search your vehicle when entering/leaving campus? You may now draw your own conclusions.

College campuses do not qualify as school districts-

As for the seaching my vehicle, not really the point- I want to be in compliance with all laws.

 

[Superfly]

College campuses do not qualify as school districts-

Yes they do:

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.

 

[brboyer]

Colleges & Universities (as well as private schools) are not "School Districts". School Districts are specific legal entities and are political subdivisions of the State.

The protections outlined in 790.251 do not apply to Schools of any type - Private/public/universities/etc.
The provisions in 790.251 protecting visitors and guests were ruled unconstitutional, so now 790.251 only applies to employees (except for school employees and employees of the other locations described in the statute)

Exception 3 in 790.115 allow individuals to keep firearms in their cars on campus as long as they are stored in accordance with 790.25(5). So yes you can keep a pistol in your glovebox on campus, legally. Now if it is found, somehow, I'm sure you will be kicked out of school, but no legal action can take place.

 

[Superfly]

Colleges & Universities (as well as private schools) are not "School Districts". School Districts are specific legal entities and are political subdivisions of the State.

The protections outlined in 790.251 do not apply to Schools of any type - Private/public/universities/etc.
The provisions in 790.251 protecting visitors and guests were ruled unconstitutional, so now 790.251 only applies to employees (except for school employees and employees of the other locations described in the statute)

Exception 3 in 790.115 allow individuals to keep firearms in their cars on campus as long as they are stored in accordance with 790.25(5). So yes you can keep a pistol in your glovebox on campus, legally. Now if it is found, somehow, I'm sure you will be kicked out of school, but no legal action can take place.

So what was ruled unconstitutional and how do you interpret the section of the law that says?

LINK

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.

My understanding of the term postsecondary equates to "Schools of any type - Private/public/universities."

Are you saying that a University cannot

...waive the exception in this subparagraph for purposes of student and campus parking privileges.

 

[RadTek]

As for the seaching my vehicle, not really the point- I want to be in compliance with all laws.

If a University Campus is not prohibited, then, it's simply a question of school policy. A violation of a school policy doesn't have anything to do with compliance of the law.

If a college parking lot isn't prohibited by law, you're not breaking any law by leaving your gun in your car. The worst the college can do to you if caught is expell you or terminate your employment, which ever is relevant. And, again, how often does your campus security search vehicles? Truthfully? If your campus is anything like the two I frequent, how often do you even SEE campus security.

I atttend and teach between a communitiy college and a local University. I Have left my gun in my car while there. FWIW

 

[Superfly]

If a University Campus is not prohibited, then, it's simply a question of school policy. A violation of a school policy doesn't have anything to do with compliance of the law.

If a college parking lot isn't prohibited by law, you're not breaking any law by leaving your gun in your car. The worst the college can do to you if caught is expell you or terminate your employment, which ever is relevant. And, again, how often does your campus security search vehicles? Truthfully? If your campus is anything like the two I frequent, how often do you even SEE campus security.

I atttend and teach between a communitiy college and a local University. I Have left my gun in my car while there. FWIW

A funny story about the University that I work at. I asked the head of security about the schools stance on Employees with guns in their cars. I asked if he had ever been led to believe that it was cause for termination. His response was, "if it is against the rules I am not aware... and I hope they never look in my truck (of course he said this with a slight smirk and I got the point)."

 

[brboyer]

So what was ruled unconstitutional and how do you interpret the section of the law that says?

LINK

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.

My understanding of the term postsecondary equates to "Schools of any type - Private/public/universities."

Are you saying that a University cannot

...waive the exception in this subparagraph for purposes of student and campus parking privileges.

Here is the pertinent part of the ruling from the Federal Judge in 2008:

FLORIDA RETAIL FEDERATION, INC., et al., Plaintiffs,
v.
ATTORNEY GENERAL OF FLORIDA, et al., Defendants.
Case No. 4:08cv179-RH/WCS.
United States District Court, N.D. Florida, Tallahassee Division.


The Attorney General is hereby permanently enjoined from enforcing those portions of § 790.251, Florida Statutes, as enacted in 2008, that address an employer's treatment of customers or invitees. This injunction does not affect the Attorney General's enforcement of those portions of § 790.251 that address an employer's treatment of an "employee" as defined in the statute—that is, a worker who has a valid Florida permit to carry a concealed weapon. This injunction is binding on the Attorney General and his officers, agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise.

This defines "school" not school districts, which as I pointed out are specific legal entities.

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.

Are you saying that a University cannot waive the exception in this subparagraph for purposes of student and campus parking privileges.

That is exactly what I am saying.



Of course, I'm addressing only the legality, not anything to do with policies that may affect employees/students.

 

[fridaddy]

The issue of whether colleges and universities, private schools or individual schools qualify as "school districts" was addressed but not ruled on in a case. There is no clear definitive ruling but I can't wait for some state attorney to give me a shot at it. Bottom line is that colleges and universities according to the strict wording of the statute cannot nullify 790.25. The can have policies but that is all they are. Private colleges you are probably stuck. It would be very interesting to see a state institution argue that they can expel a student who violated a student regulation that prohibits conduct expressly permitted by state law, and arguably encouraged by state law.

(1) DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes. FSA 790.25