I believe you are fine if you stay in the vehicle and keep the weapon concealed..

 

From what I understand as long as you stay in the car you are legal.

We homeschool, but my son plays basketball for a local private school. I'm forever dropping him off and picking him up from practices. As long as I stay in the car he just comes out of the gym and gets in the car and I drive off. I still have the gun on my hip the entire time. If I know I need to step out of the car for any reason I put the gun in the console and lock my doors.

Do you have Jon Gutmacher's Florida Firearms Law, Use & Ownership book? 6th edition. It is the go to book for gun ownership.

 

My opinion:
While on the property of a school, the firearm must be stored in accordance with 790.25(5) as permitted by 790.115(2)(a)(3)

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.

 

stay in the car, if you must get out don't wander around, keep the gun concealed and don't ask don't tell and you should be well. If you get out and run to the school's door to hand off a forgotten item you could be asking for troubles, if you get out to have a gab fest with the other moms you could be asking for trouble, just dropping off, you are ok

 

stay in the car, if you must get out don't wander around, keep the gun concealed and don't ask don't tell and you should be well.

Odds are you would be, but I wouldn't take that chance. Secure the gun in the car before getting out.

 

My opinion only:

I would place the firearm in center console or glove box prior to arriving on school property. being a CWP holder you are covered by the parking lot law while in the parking lot and/or drop off zone. After leaving the school property retrive the firearm and re-holster.

Do not carry the weapon outside you're car for any reason while on school property, if you must conceal a pocket knife but not a gun. I don't agree with target rich zones and wish there was a certification or license level that would allow CWP holders to carry anywhere and everywhere including Air planes. Easy way to stop the bad guys is to let them know that nowhere is a safe zone to do evil.

 

My opinion only:

I would place the firearm in center console or glove box prior to arriving on school property. being a CWP holder you are covered by the parking lot law while in the parking lot and/or drop off zone. After leaving the school property retrive the firearm and re-holster.

Do not carry the weapon outside you're car for any reason while on school property, if you must conceal a pocket knife but not a gun. I don't agree with target rich zones and wish there was a certification or license level that would allow CWP holders to carry anywhere and everywhere including Air planes. Easy way to stop the bad guys is to let them know that nowhere is a safe zone to do evil.

If you are referring to 790.251;
First it has nothing, at all, to do with the legality of keeping a firearm in your car!
Second, schools are exempt. (This is irrelevant due to #1)
Third, after most of it was ruled unconstitutional, it now only applies to employees. (This is irrelevant due to #1)

place the firearm in center console or glove box prior to arriving on school property

This is the only lawful method of having a firearm on the property of a school.

 

Thanks for the input.
I think I will be placing it in the center console, just in case I had to get out for any reason, before we get to school and removing it after I leave.

Are there any hard and fast rules as to what "securely encased or is otherwise not readily accessible for immediate use" is. In a non lockable console, secured in a holster? Secured in a holster and placed in a cubby hole?
Thanks
SKy

 

Thanks for the input.
I think I will be placing it in the center console, just in case I had to get out for any reason, before we get to school and removing it after I leave.

Are there any hard and fast rules as to what "securely encased or is otherwise not readily accessible for immediate use" is. In a non lockable console, secured in a holster? Secured in a holster and placed in a cubby hole?
Thanks
SKy

Yep. Unlocked glove-box or console (no holster needed), backpack/purse/etc. (zippered closed), any other container having a lid that closes (with closed lid) - a shoe-box is OK.

790.01

(16)“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.

(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.

 

You know I don't mean to be off tonight, but I ALWAYS carry (concealed), when I pick my daughter up (maybe a school zone) when I'm picking up a drunk friend (from a bar), when I'm drunk (jus kiddin') the last 2 days at Universal (watch out for the "soak" rides) because the first rule of a gunfight (apart from not being there) is have your gun......

 

Rich, I understand and sympathize with your thinking on this, but if you're determined to exercise judgement that places you outside the law, then I would recommend not mentioning it in a public forum.

 

Last Wednesday I walked our kids to school. Being the first week of school Police were stationed outside Main Gate. I walked right up to a scooter cop and a patrol car cop(male/female) and asked about carrying right up to Main Gate, being it is not far from the actual buildings. Response was..."carry, I would rather, if some nut went off, that you had your gun and gave the kids a chance"...and....."if somehow you were carrying on campus and I found out I would not pursue the arrest"...and then.."of course you might run into some Liberal anti 2A cop who doesn't share my pro 2A feelings, so be careful". Now, none of this being legal, it shows that some LEO's(at least some), are pro 2A and I feel that the "on campus" laws need to be changed. This is a public school in Boca Raton. I pick up my kids daily in the drive in pickup, and I carry.

 

Wow, Joe, that's pretty amazing. I am pleasantly surprised even a pro-2A LEO would be that candid about carry on school grounds, particularly since their superiors often walk the political tightrope and will usually err on the side of "don't do it".

 

It is not the first time I have had positive 2A talks with Boca Raton LEO's, and to be honest, I have not had one negative 2A conversation with a Boca Raton LEO yet. I have not run into any old school control freaks here who need to "control the stop"(I have asked). I would more sum up my contact with local LEO's as 100% positive. They are direct, not overpowering. The LEO's I have spoken with here, including Detectives(in a restaurant/bar) treated me as a person, not a possible liability. This is a classic example of getting rid of the old fart LEO's and bringing in new, young, community based officers who actually wave as they pass your house and you are outside playing with your kids.

 

I know this thread is a little old, and I don't mean to necro-post, but I sent an email to Jon Gutmacher asking for clarification on this topic a while back and he replied in a very clear manner that even with a CWP, you may not carry a firearm on your person on school property, even if sitting in your car. Better safe than sorry, you can bet your a$$ my pistol will be in the center console while I'm there - I value the CWP too much to take a chance on losing it.

By the way - since he is such a cool guy and is always open to emails on our favorite subject, I feel the need to strongly recommend that anyone who owns a firearm in Florida (whether CWP or not) should pick up his book: FLORIDA FIREARMS - Law, Use & Ownership - Seventh Edition. I bought my last one on Amazon, but you can get it directly from his website too: http://www.floridafirearmslaw.com/

-Brian

 

Brian,

Did you ask if it was legal to keep the gun securely encased but NOT on your person, in your car, while on school property? Your reply seems to suggest this, but I wanted to ask.

 

I did, and he indicated that it should be fine (he also recommended that I re-read chapter 8 :grin). It's just a no-no if you have it on your person or if not securely-encased (i.e., in a glove compartment, holster, case, center console, etc...) while on school property.

It would be nice if Florida just let the federal statute dictate school gun laws (CWP holders are permitted to carry, all others go directly to jail), but instead we get to play the "guess the law" game. Ah well, baby steps. :banghead2

-Brian

 

Most concealed carry holders have probably seen this book, Jon Gutmacher's Florida Firearms Law, Use & Ownership book? 6th edition. It's an excellent recourse and I learned a lot from reading it. When you look at gun laws (or any law) what you discover is that it is confusing and that there are grey areas. You will also learn that law makers write laws that do not make sense and conflict with one another. The responses to this post highlight the fact that the laws are ridiculously complicated and convoluted. Gun laws also do not protect innocent victims but favor the criminal. If you read the responses to this post, you will see all the confusion and uncertainty. Maybe we should just abolish all gun laws, criminals do not follow them.

So does anyone have a valid legal opinion concerning this matter that would hold up in a court if arrested? I would be that this is a grey area and if a LEO found out you were carrying they might make an issue of it. After all, LEOs are as much confused by some of the crazy laws as we are.

 

you can never predict what would be the outcome in a court room.
there are way too many variables involved, cops are different in every case, prosecutors behave differently in different places, jurors have different biases, defense lawyers have different levels of competency and each case has it's own unique aspects. the laws can be ambiguous and are subject to these many variables.
Look at the recent miscarriage of justice in NJ as an example that anything can happen in a courtroom, why do you think lawyers loathe going to trial and always try to deal their way out?

 

About a 2 months ago I called the Pasco county school board and was transferred to a police office that works their and he told me flat out that if anyone was found to have a gun in their vehicle regardless if it was securely encased, that they would be arrested...End of Story.

We went on to have a debate regarding the statute that says it is legal if securely encased. During which he said that there are other statutes that while not 100% clear, make having a firearm on school property illegal and that the district has been in touch with multiple attorneys and the DA and they are all in agreement that firearms are not allowed on any school property period unless by LEO.

So be warned, there are clearly cops that work at the schools that do not know the law.

I would stay in the car and keep it in the center console or other means that is securely encased and not worry to much about it. As the chances are probably close to zero that something goes so terribly wrong that cops are suddenly searching your vehicle when picking up or dropping off your kid.

 

And worst-case scenario, you might end up with a false arrest court case out of the deal. I know I keep Jon's book in my glove compartment (with his contact information in it) just in case. I would hope it would not ever come to that, though.

 

To all cwp parents who pick up their children at school , such as I do please read and comprehend what's in the law of FLS. 790.115 (2)(A)

(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon 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.)
"THIS IS THE CURRENT REVISION"
Stay vigilant & well informed.

 

Welcome to FCC from Palm Beach County, @ptallerico68! 🍻

Since this was your very first posting on FCC, without first introducing yourself as described here, in a 14 year old thread no less, please now take the time to properly post you're own Introduction to FCC, letting forum members get to know you a little, particularly with regard to our inherent right to keep and bear arms! You can do that by going to the Introduce Yourself section of the Welcome to Florida Concealed Carry section and starting your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum.

Please know that only after you've been a member for 15 days and have made at least 10 posts, will you be able to start "conversations" (a.k.a. Private Messages) with other FCC members. Additionally, after you have been a member for 60 days and have made at least 30 posts, you will also have access to two more areas of the FCC forum:
1) The Boiler Room, a special permissions section that is not accessible outside of the FCC membership or to browser search engines (this section will possibly be renamed to something like the Off Topic section), and to;
2) The Marketplace section (a.k.a. the Classifieds), after which you will be able to offer items for sale or trade with other FCC members.
In case you weren't aware, you can stay current on pertinent Florida Statutes regarding the "justified use of force" and all of Florida firearms laws by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms, respectively. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher (2023 version was released last June covering the revised Florida Statutes effective 01 JUL 2023)!

Since you're a veteran, take a look at our Military Service Thread where you'll find many of us there, too!

Finally, I highly recommend you read this thread to understand how to navigate FCC to get the most out of your experience. One particular item that's caught many veteran FCC members off guard is the "Recommended Reading" at the bottom of each page, which MAY contain quite old threads of inactive conversations lacking up-to-date information or context, just as you did in your post! So beware of the date of the last post (just to the right of the post number) in any thread you come across so you don't mistakenly think every post is recent and start responding to very old posts/threads that have been dormant for quite some time, sometimes for many years!

Again, welcome to FCC!

 

See also: 790.251
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.

Especially Section 7 (Exceptions)
Link: Chapter 790 Section 251 - 2024 Florida Statutes - The Florida Senate

 

Indeed. Section 7 (A)
Prohibits firearms even in your private Conveyance on school property.

 

Easy Answer,
DO "NOT" tell anyone at all without exception that you have a gun in your car.
Not A neighbor, Not your kid, Not your best friend "NOBODY"
Why ????
Because people talk way to much about anything that is "NOT" their business.
Just stay in the car, Drop off or pick up your kid and keep the gun SECRETE and hidden.
Ronnie