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Last Monday I was off the work so after my wife dropped our kids at school, we decided to make some shopping. As usual a was CC my gun. Suddenly we realized it was time to pick up our kid at school. We get our car a I drive to the school. When we entered into the parking making the line to the pickup zone I realized that my gun was in my IWB holster. I never get out of the car. The question is: Was my action legal or illegal?
 

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Illegal.
"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:
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;
2. In a case to a career center having a firearms training range; or
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."
 

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legal...i think i got that right...we'll see...

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;
2. In a case to a career center having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5) (below); 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.

(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.
 

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That's what I thought. I remember looking it up when dom started school.
as long as it stays in the vehicle its legal...as a visitor to the school only... the school can have a written policy against it for employees and students only for parking privilege...
 

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as long as it stays in the vehicle its legal...as a visitor to the school only... the school can have a written policy against it for employees and students only for parking privilege...
Ok, I lied I just asked uncle Rcr when dom started, but I did eventually look it up! I leave it in the glovebox when I pick him up/drop off.
 

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Ok, I lied I just asked uncle Rcr when dom started, but I did eventually look it up! I leave it in the glovebox when I pick him up/drop off.
i had a feeling...thats where i would go for accurate information....
 

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legal...i think i got that right...we'll see...

[snip].
Nope, Illegal!

It's illegal to possess a firearm on the property of any school, period!
Unless you keep it securely encased while driving through.
Parking OK if you keep it securely encased -unless the school district says you can't.


The only possible lawful way to have a firearm on school property (in a normal picking kids up situation) in securely encased.
 

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Illegal. Javy said he was carrying it on his person.

legal...i think i got that right...we'll see...

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;
2. In a case to a career center having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5) (below); 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.

(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.
 

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Let me get this strait for my sake. So on your person is a no go, but in the glove box is considered securely incased and therefore ok. I just want to make sure I got it right. Thanks.
 

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Illegal. Javy said he was carrying it on his person.
he is a licensed carrier....

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

i thought possession in a private conveyance was only for non cwfl persons...as the gun never leaves the vehicle in the possession of a licensed carrier i was under the impression it was legal to carry it on ones person in the vehicle even on school grounds...if a person is licensed they are not required to have the gun securely encased...

still looking for clarification here...not arguing...just thought it flew if you did not get out of the vehicle...
 

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Hope this helps:
"790.001 Definitions.
(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."
for an unlicensed person...
 

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These laws are tough to decipher, but my reading of it is that the gun must be securely encased, even if you have license.
 

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The way I interpret it is that 790.25(5) allows unlicensed, securely encased, "carry" in a vehicle. It does not mention having a license. Therefore 790.115(2)(a)3 requires your firearm to be carried in the manner prescribed in 790.25(5), which is securely encased.

Since I deleted the comment you replied to I'll add the text for clarification.
"790.001 Definitions.
(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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Snapped in a holster is securely encased based on the statute. With a permit, you can have it on your person. Seems like as long as your carry method meets the 'securely encased' definition, it doesn't matter where in the car or on your person (with CCW) it is located.
 

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I keep mine in a center of mass lock box in the car under the seat. who is ever going to know that I have it? I spoke to the school resource officer and she told me the same thing. If something does happpen while I'm dropping my kids off at school do you think anything will happen to me if I stop a potential school shooting? I think not.
 

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Snapped in a holster is securely encased based on the statute. With a permit, you can have it on your person. Seems like as long as your carry method meets the 'securely encased' definition, it doesn't matter where in the car or on your person (with CCW) it is located.
The OP didn't specify, but I doubt his IWB holster has a mechanism that would qualify as a snap. If the firearm is held in by friction alone, that is not securely encased.

790.06 does not authorize carry in "any elementary or secondary school facility or administration building". How they define facility could change the meaning drastically, but I would stick with the safer definition which would encompass the grounds as well, not just buildings.
 

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he is a licensed carrier....

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

i thought possession in a private conveyance was only for non cwfl persons...as the gun never leaves the vehicle in the possession of a licensed carrier i was under the impression it was legal to carry it on ones person in the vehicle even on school grounds...if a person is licensed they are not required to have the gun securely encased...

still looking for clarification here...not arguing...just thought it flew if you did not get out of the vehicle...
No one, CWFL holder or not, may possess a firearm on school property. Unless it is stored in accordance with 790.25(5).
790.115
(2)(a) A person shall not possess any firearm . . . on the property of any school . . . however, a person may carry a firearm . . . In a vehicle pursuant to s. 790.25(5).
The only difference a CWFL makes in this situation is that CWFL holders will only be charged a misdemeanor, others will be charged with a felony.
790.115(3)
(c)1. A person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree
(e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12)
790.25(5) Clearly prohibits carrying of the firearm on one's person.
790.25(5)
. . .
Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person.
. . .
Courts have also ruled that 'Securely encased' means not on ones's person.

We acknowledge that pursuant to the supreme court's holding in Alexander v. State, 477 So.2d 557, 560 (Fla.1985), the handgun was "securely encased" in Doughty's zippered pack. Yet, pursuant to the unambiguous language of section 790.25(5), even a securely encased weapon does not fall under the private conveyance exception if it is carried "on the person."
We recognized that "section 790.25 specifically provides that the securely encased exception does not legalize the carrying of a concealed weapon on the person."
 

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ok...now my head hurts...

from brians referenced thread...this is what i remembered...well put together and it wasnt effectively challenged...

I'm actually baiting a bit here for the purpose of discussion. You are correct when you say that 790.115 points to 790.25(5). Many believe that 790.115 actually refers to "securely encased" itself, which it doesn't. But this brings the question, when one has a CWFL, one can carry lawfully on their person while in their vehicle in general. They are not driving with their firearm "securely encased" nor are they carrying it in a condition "not readily available for immediate use".

Since we're dealing with licensees, let's start with 790.06.



This section refers to carrying on or about one's person, but does not specifically address it as being applicable while also in one's vehicle. It also specifies one may not carry "into...any ...school facility or administration building".

Vehicular carry is addressed in 790.25(5), which says -



Interestingly enough, this statute doesn't mention licensees at all, except that it does not authorize one to carry on one's person without a license. The inference here is that one may carry on one's person in one's vehicle if licensed, and case law seems to support this conclusion. It also commands the courts that this section must be liberally construed in favor of the lawful possession of firearms.

Now, we go to 790.115 -



Okay, here's where it gets crazy. Paragraph 2a refers to personal carry outside one's vehicle, because paragraph 3 makes exception to carry in a vehicle. The waiver to the exception only applies for the purposes of student and campus parking privileges. We're talking about drop off/pick up, so even if a school district publishes a waiver to the paragraph 3 exception, it doesn't apply unless one parks the vehicle.

Now I'm not a lawyer, but the way I read all this is that 790.115 requires firearms in vehicles to be carried in accordance with 790.25(5). Since 790.25(5) doesn't prohibit carry on one's person by licensees, and must be liberally construed, then a licensee is presumably bound by 790.06. 790.06 prohibits carry on "school facilities" or "administration buildings". The term "administration building" is clear, and refers to a structure, not the grounds. However, what are "school facilities" and does this term include the grounds?

The answer lies back in 790.115(1), which deals with improper display of a weapon.



So, the legislature is aware of and recognizes "grounds" and "facilities" as two distinct things.

Tying all this together, it appears that one may carry a firearm on their person while picking up/dropping off so long as:

1. They are a licensee.
2. They do not park or the school district has not published a waiver to 790.115(2)(a)3.
3. They do not exit the vehicle.

Discussion?
 
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