[1911luver]

I'm somewhat torn about this as I can't find anything about hospitals in the 790's statues as relates to concealed weapons. I see no gun sign in hospitals here in FL but they are not listed as a place you can carry in under the lists of prohibited places either,so which is it? Is it state law that I can't carry a gun into a hospital or hospital rules only? Also if one is picking up or dropping off a student from a public school,but they do not exit the car are they legal to have their gun on them? Thanks for any help guys.

 

[Steve48]

I'm somewhat torn about this as I can't find anything about hospitals in the 790's statues as relates to concealed weapons. I see no gun sign in hospitals here in FL but they are not listed as a place you can carry in under the lists of prohibited places either,so which is it? Is it state law that I can't carry a gun into a hospital or hospital rules only? Also if one is picking up or dropping off a student from a public school,but they do not exit the car are they legal to have their gun on them? Thanks for any help guys.

There is a statute that says that except as otherwise allowed by law, you can't carry in any institution that provides mental health care. Since most hospitals do, that would suggest that you can't carry in a hospital. However, some have interpreted the part about "except as otherwise allowed..." to mean that it's OK for people with CCWs. So far as I know, case law hasn't yet settled the matter. Caution recommended.

As for carrying onto school grounds, you're OK if you don't get out of the car.

 

[MiklColt45]

I'm somewhat torn about this as I can't find anything about hospitals in the 790's statues as relates to concealed weapons. I see no gun sign in hospitals here in FL but they are not listed as a place you can carry in under the lists of prohibited places either,so which is it? Is it state law that I can't carry a gun into a hospital or hospital rules only? Also if one is picking up or dropping off a student from a public school,but they do not exit the car are they legal to have their gun on them? Thanks for any help guys.

1911luver,

This topic has been discussed at least a few times.

Here:
http://floridaconcealedcarry.com/Forum/showthread.php?t=493&highlight=hospital

Here:
http://floridaconcealedcarry.com/Forum/showthread.php?t=4387&highlight=hospital

Bottom line-394.458 says no carrying in hospital except allowed by law.
OUr best thought is that since we have CWFLs, we are permitted by law.
Your State's Attorney, OTOH, may feel differently and decide to charge you.

Since there is no test case, you have to decide how lucky you feel.

Sucks, but that's the way it is.

 

[1911luver]

I never got the point of not allowing guns in hospitals,is it because emotions can run high there and one's judgment can be impaired perhaps in a time of grief?

 

[airhead]

I never got the point of not allowing guns in hospitals,is it because emotions can run high there and one's judgment can be impaired perhaps in a time of grief?

'cause doctors as a general rule are anti-gun - and they run the hospitals.

 

[Steve48]

I never got the point of not allowing guns in hospitals,is it because emotions can run high there and one's judgment can be impaired perhaps in a time of grief?

The statute pertains specifically to hospitals that have mental care facilities. I suppose the concern is that a nut case could somehow grab a weapon if one was available.

 

[drgoose]

Doctors run hospitals?????

'cause doctors as a general rule are anti-gun - and they run the hospitals.

I wish, for the most part they are run by lawyers who may or may not be anti-gun, but they are all certanly liabilityphobic.

Just my 2 cents.

 

[Buckley]

I wish, for the most part they are run by lawyers who may or may not be anti-gun, but they are all certanly liabilityphobic.

Just my 2 cents.

Lawyers run hospitals?

How do I sign up?

 

[drgoose]

Lawyers and hospitals

Mr. Buckley,

Before any gun related issue would be brought into effect into the hospital my guess is the hospital owner would have it's legal counsel take a long look at it, if the medical staff is involved in the discussion they would have thier counsel look at it too, and both of them would be looking to decrease thier clinent's liability to a minimum, even if they personally would be carrying a 50 cal handgun all day. So just become counsel to either hospital owner or medical staff.

 

[Mighty Hd]

There actually has been a test case.

It was thrown out and charges dropped.

AN YOU CARRY AT A HOSPITAL?

LEGAL Q&A

This is a revised update by Mr. Gutmacher of a recent article from his monthly magazine column, The Legal Corner
CAN YOU CARRY AT A HOSPITAL?
© 2006 by Jon H. Gutmacher

Florida Statute § 394.458 states “except as authorized by law” it is a third degree felony (yeah – felony!) for any person to bring, carry, possess, or transport a “firearm or other dangerous weapon” upon the grounds of any “hospital (or mental health facility) providing mental health services”. Here’s the actual wording:

(1) (a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon the grounds of such hospital, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section:

1. Any intoxicating beverage or beverage . . . .
2. Any controlled substance as defined in chapter 893; or
3. Any firearms or deadly weapon”.

I just handled an arrest involving this statute. I raised the defense that the phrase “except as authorized by law” meant just that – and that securely encased weapons in vehicles on hospital grounds were therefore legal, pursuant to Florida Statute 790.25, and that persons having a Concealed Weapons Permit were also authorized because Florida Statute 790.06(12) lists all the places you can’t carry pursuant to your permit – and a hospital or mental health facility isn’t one of them. Thus you’re obviously “authorized by law”.

Now, the State Attorney agreed with me in the case I was handling – and dropped the prosecution. However, there is no binding appellate decision on this issue, and therefore, no guarantee you couldn’t get arrested, and become the next “test case”. Just because I’m sure my interpretation is correct doesn’t mean that the rest of the world will. Likewise, the “law according to Gutmacher” isn’t quite the same thing as an Opinion by an appellate court which is binding across the State. So -- maybe some caution isn’t such a bad idea?

I therefore would suggest that carrying inside a hospital or mental health facility pursuant to your CWP should be reserved for very special instances. Likewise, if any one knows you’re carrying, and tells the police or a security guard - I would suggest you be more than accommodating in offering to leave immediately if they feel you’re illegal, or just don’t want you there. Remember -- even if my interpretation is correct -- they still have the right to tell you to leave under trespass laws, no matter what the actual law is. So just get the heck out while you have the chance. If you get into any type of situation where you’re actually taken into custody, politely suggest to the officers that because you have a CWP, you’re not acting illegally. They’ll probably ignore you – but who knows? Can’t hurt!

Anyway, that’s my spin on this statute. Keep safe.
Mr. Gutmacher is a practicing trial attorney, was a felony prosecutor, police legal advisor, is an NRA certified firearms instructor, the author of the book Florida Firearms -- Law, Use & Ownership, has appeared on national broadcast network TV's NightLine, and primarily practices in the area of criminal law throughout the state with an emphasis on weapon related offenses, all felonies, as well as representing clients in ATF investigations, FFL license revocations, NICS database errors, expunctions, and select civil cases including defamation, false arrest, and malicious prosecution. His office is in Orlando, and comments or questions can be addressed via email (office{at}floridafirearmslaw[dot]com).

This column is not rendered as legal advice. If you have a specific factual situation that affects you, an attorney skilled in this area should be consulted. Return to Legal Q&A list

Contact addressTHE HIRING OF A LAWYER IS AN IMPORTANT DECISION THAT SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS. BEFORE YOU DECIDE, ASK US TO SEND YOU FREE WRITTEN INFORMATION ABOUT OUR QUALIFICATIONS & EXPERIENCE.

Copyright 1997 - 2009 Jon H. Gutmacher / Click for legal information

 

[Buckley]

Mr. Buckley,

Before any gun related issue would be brought into effect into the hospital my guess is the hospital owner would have it's legal counsel take a long look at it, if the medical staff is involved in the discussion they would have thier counsel look at it too, and both of them would be looking to decrease thier clinent's liability to a minimum, even if they personally would be carrying a 50 cal handgun all day. So just become counsel to either hospital owner or medical staff.

Interesting. Thanks.

 

[brboyer]

Oh, and another unconstitutionally vague portion of that law:

(b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient of any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital.

So if your buddy is in let's say Tampa General getting treatment for a broken leg, and he rolls his weelchair over to the 7-11 across the street where you bought a six pack and you give him one, you just committed a felony.:aarg

Another wonderfully written statute by our legaslature. What do they say about unintended consequenses? This whole statute was obvisouly written to keep 'bad' things away from nutcases.

Proper wording of the entire statute should be:

394.458 Introduction or removal of certain articles unlawful; penalty.--

(1)(a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon any portion of such hospital used exclusively for providing mental health services, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section:

1. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect;

2. Any controlled substance as defined in chapter 893; or

3. Any firearms or deadly weapon.

(b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient receiving mental health services at any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital.

(2) A person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 

[brboyer]

There actually has been a test case.

It was thrown out and charges dropped.

Actually a proper test case would involve an arrest and conviction, then a successful appeal to the DCA.

 

[Mighty Hd]

Actually a proper test case would involve an arrest and conviction, then a successful appeal to the DCA.

It got thrown out so one can say it was "tested'

 

[brboyer]

It got thrown out so one can say it was "tested'

A single SA agreed with an attorney not to press charges. A court did not rule on it, much less the DCA, so no it really has not been tested.