Just wondering if there is a law that prohibits you from having your gun in your vehicle while you are at a school, mainly a state university? Just wondering because I usually keep my glock in the car, but I have been taking it out every morning before I go to class to be on the safe side.
Gun securely encased in car while on school/university property?
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nogo. i used to but your not allowed. your university will have this stated in its policies and it is also listed on the florida statutes. but then again my safety is important and considering the tampa campus where i went at 9:30 10 you better believe there was something in my car.
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University? No. Have at it. The law prohibits carry in a university 'facility'. The parking lot is not a 'facility'.
Now, that is not to say that the University you attend can't expell you having a weapon in your vehicle (if they have rules against that), but it is not illegal.
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You may indeed have a problem even in the parking lot of a University.
Section 790.115, Florida Statutes provides in part: " Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--
(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.
The problem with this section of the statute is that "school" as defined includes "postsecondary" schools such as colleges and universities. If the school has a published, written policy against having firearms in a vehicle anywhere on school property, this would preclude your possessing the firearm in your vehicle in the school parking lot.
Section 790.115, Florida Statutes provides in part: " Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--
(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.
The problem with this section of the statute is that "school" as defined includes "postsecondary" schools such as colleges and universities. If the school has a published, written policy against having firearms in a vehicle anywhere on school property, this would preclude your possessing the firearm in your vehicle in the school parking lot.
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I respectfully disagree, NavJag.
The 'published policies' only affect parking 'privileges' for students and faculty. It doesn't make it illegal. In essence, they can tell him to leave or administer whatever punishment the University sees fit if he's discovered having a gun in his car (highly unlikely), but it is not a crime to have a gun in your car in a parking lot on a university campus.
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I concur.
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OK, for everybody who is concerned about keeping a firearm secured in their locked vehicle while parked on a university campus, let's think about all the times you've heard about campus security forces systematically searching vehicles for weapons...oh, can't think of any? Me either. 
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You've got a unique way of making a point about you DE :rolfOK, for everybody who is concerned about keeping a firearm secured in their locked vehicle while parked on a university campus, let's think about all the times you've heard about campus security forces systematically searching vehicles for weapons...oh, can't think of any? Me either.
I was thinking the same thing-- how to hell is ANYONE going to know you have a loaded firearm in the vehicle unless it's broken into and stolen and you have to file a report?
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More info please
Buckley:
I see you are a sponsor and a firearms attorney. I am very interested in this topic. Can you provide a little more info?
How open and shut is you opinion?
Do you know of a specific case where this part of the law was tested successfully?
Is it a gray area still to be tested?
Thanks,
soflatechie
Buckley:
I see you are a sponsor and a firearms attorney. I am very interested in this topic. Can you provide a little more info?
How open and shut is you opinion?
Do you know of a specific case where this part of the law was tested successfully?
Is it a gray area still to be tested?
Thanks,
soflatechie
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Sorry SoFlaTechie, That is work-product. I can't share that with you.
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I believe the state of SC got it right recently when it amended its law to allow CCW holders to keep a firearm locked in the car while on campus. Non-CCW folks still cannot have a firearm on school grounds.
Perhaps Florida will come round eventually.
Perhaps Florida will come round eventually.
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You would think after VA Tech, CCW holders could carry while going to school. There is a dirty rumor that a few law students attending the the "U" carried in the 90's.
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Amusing thing is, Patrick...Carry on a University campus is not illegal in VA (concealed with license, or open without)...just against most schools' policies.
Carry all you want on campus in VA, but risk expulsion if you're caught. If you're not a student, they can't do a thing (public University). Only exception is VCU, but I don't remember the particulars about that.
Google the story about the shooting at Appalachian School of Law.
One other point is that the law allows "districts" to make policies concerning firearms in cars, not individual schools. I would argue that any school policy by UF, which is not a school district and therefore not covered by the exception runs afoul of the preemption statute.
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Thanks for your feedback. Most appreciative. There is no settled case law on this matter. My concern, looking at the statutory language is that is states that the policies published relate to student and campus parking privileges. The "and" is problematic and is additive. This can be read to preclude possession of firearms in a vehicle "on school property" if the published policy precludes either "student" parking privileges, or "campus" parking privileges. Arguably, it may be considered a privilge to park on campus, whetehr as a student, visitor, business invitee etc. If this interpretation is correct, then a visitor would be subject to the parking rules on campus, including prohibitions on possession of firearms in vehicles. Note that the statutory provision I cited is different from the facility prohibition. Reasonable men may differ of course.
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Patrick, the University of Florida Board of Trustees has the direct cognizance for operations of the University of Florida throughout the state, including the places such as the campus at Shands in Jacksonville. I'll take a look at their site as well to see if they have published any such prohibitions regarding parking on campus grounds under the auspice of UF. Dan
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Patrick, the current firearms prohibition at the UF Gainesville campus apparently was initiated by the Florida Board of Governors in 2003 with some amendments by the UF Board of Trustees in later years. After the Constitutional Amendments that affected the University systems in Florida the Board of Governors had direct cognizance but later the the Boards of Trustees of the individual universities had responsibility for these matters (that is to the best of my knowledge). Below is the current firearm prohibition that I could locate that affects UF Gainesville. I believe there may be similar prohibitions relating to the grounds of other universitities. Not unexpectedly, the rules and exceptions set forth by the legislature create some impractical situations. I also note that Gutmacher in the latest edition (changes through this year) indicates that there is no case law directly on point. Let me know if this is helpful.
REGULATIONS OF
UNIVERSITY OF FLORIDA
6C1-2.001 Possession and Use of Firearms.
(1) The possession of firearms on the University campus or any land or property occupied by the University of Florida is prohibited..
(2) Definitions
(a) The University "campus" is defined for purposes of this regulation to include those lands located in the City of Gainesville, Florida, occupied by the University of Florida, and bounded generally by 13th Street on the East, University Avenue on the North, 34th Street on the West and Archer Road on the South, including premises occupied by fraternities and sororities officially recognized by the University.
(b) The term "firearm" is defined for the purposes of this regulation to have the same meaning set forth in Section 790.001(6), Florida Statutes, provided “firearm” shall also include antique firearms.
(3) Notwithstanding the foregoing, firearms are permitted under the following limited circumstances:
(a) Campus residents are permitted to store firearms in an area designated by the University Police at the University Police Station only. Firearms in transit to the Police Station for storage shall enter the campus at the intersection of 13th Street and Museum Road and be taken directly and immediately to the Police Station. Firearms in transit from the Police Station shall be removed from the campus directly and immediately along the same route. Firearms must be unloaded when on the University campus, whether in storage or in transit to or from storage. Authorization must be acquired from the University Police for possession of the firearm while traveling between the storage facility and the campus perimeter. Possession of a firearm anywhere else on campus is prohibited.
(b) Those presently authorized to possess firearms on the campus are members of governmental agencies authorized by law to possess firearms, the University Police, members of University Rifle Teams, the University’s armored car vendor, and the staff of the Florida State Museum when the firearms are a part of the museum collection and are for the exhibit purposes or used in specimen collection.
(c) ROTC cadets may drill with unloaded rifles which have the firing pin removed when under the supervision of ROTC officers and cadre. Members of the Rifle Teams are authorized to have possession of their firearms only when under the supervision of ROTC cadre personnel on the firing range or in the ROTC Armory.
(d) The following persons are authorized to possess firearms at Institute of Food and Agricultural Sciences Research and Education Centers:
1. Deputized law enforcement officers living at a center who are issued a firearm as part of their employment;
2. Employees engaged in properly permitted wildlife depredation activities carried out to protect research projects being conducted at a center; and
3. Employees temporarily residing at a center, provided the firearm is kept unloaded, equipped with a trigger lock, and locked in a secured location in the residence. In addition to any specific requirements set forth above, firearms shall be handled, used and stored in a safe and responsible manner and in accordance with all applicable laws, rules and regulations. A Center director shall be notified prior to any firearm being brought onto Center property and
2 shall have the right to prohibit or limit the use, handling or storage of firearms at the Center for the safety of persons at the Center.
(e) Individuals participating in approved firearms education programs conducted on properties designated for 4-H use may utilize firearms on the property, provided firearms shall be handled, used and stored in a safe and responsible manner and in accordance with all applicable laws, rules and regulations. The program coordinator or property manager shall have the right to prohibit or limit the use, handling or storage of firearms on properties designated for 4-H use for the safety of persons on the property.
(f) Should it be necessary or desirable for the use of firearms in any of the academic programs of the University, then permission for such use must be applied for and granted by the Provost or designee, Vice President for Business Affairs and the Chief of Police of the University Police Department.
(5) Any student or employee, including faculty, administration, and staff members, shall be immediately suspended for violation of this regulation. When required under applicable university disciplinary regulations or provisions of the applicable collective bargaining agreement, such a suspension shall be interim in nature until a proper hearing can be held by the appropriate hearing body to determine the facts and circumstances of the violation.
Specific Authority: BOG Resolution dated January 7, 2003.
History--New 9-29-75, Formerly 6C1-2.01, Amended 9-16-99, 3-31-06, 3-14-08.
REGULATIONS OF
UNIVERSITY OF FLORIDA
6C1-2.001 Possession and Use of Firearms.
(1) The possession of firearms on the University campus or any land or property occupied by the University of Florida is prohibited..
(2) Definitions
(a) The University "campus" is defined for purposes of this regulation to include those lands located in the City of Gainesville, Florida, occupied by the University of Florida, and bounded generally by 13th Street on the East, University Avenue on the North, 34th Street on the West and Archer Road on the South, including premises occupied by fraternities and sororities officially recognized by the University.
(b) The term "firearm" is defined for the purposes of this regulation to have the same meaning set forth in Section 790.001(6), Florida Statutes, provided “firearm” shall also include antique firearms.
(3) Notwithstanding the foregoing, firearms are permitted under the following limited circumstances:
(a) Campus residents are permitted to store firearms in an area designated by the University Police at the University Police Station only. Firearms in transit to the Police Station for storage shall enter the campus at the intersection of 13th Street and Museum Road and be taken directly and immediately to the Police Station. Firearms in transit from the Police Station shall be removed from the campus directly and immediately along the same route. Firearms must be unloaded when on the University campus, whether in storage or in transit to or from storage. Authorization must be acquired from the University Police for possession of the firearm while traveling between the storage facility and the campus perimeter. Possession of a firearm anywhere else on campus is prohibited.
(b) Those presently authorized to possess firearms on the campus are members of governmental agencies authorized by law to possess firearms, the University Police, members of University Rifle Teams, the University’s armored car vendor, and the staff of the Florida State Museum when the firearms are a part of the museum collection and are for the exhibit purposes or used in specimen collection.
(c) ROTC cadets may drill with unloaded rifles which have the firing pin removed when under the supervision of ROTC officers and cadre. Members of the Rifle Teams are authorized to have possession of their firearms only when under the supervision of ROTC cadre personnel on the firing range or in the ROTC Armory.
(d) The following persons are authorized to possess firearms at Institute of Food and Agricultural Sciences Research and Education Centers:
1. Deputized law enforcement officers living at a center who are issued a firearm as part of their employment;
2. Employees engaged in properly permitted wildlife depredation activities carried out to protect research projects being conducted at a center; and
3. Employees temporarily residing at a center, provided the firearm is kept unloaded, equipped with a trigger lock, and locked in a secured location in the residence. In addition to any specific requirements set forth above, firearms shall be handled, used and stored in a safe and responsible manner and in accordance with all applicable laws, rules and regulations. A Center director shall be notified prior to any firearm being brought onto Center property and
2 shall have the right to prohibit or limit the use, handling or storage of firearms at the Center for the safety of persons at the Center.
(e) Individuals participating in approved firearms education programs conducted on properties designated for 4-H use may utilize firearms on the property, provided firearms shall be handled, used and stored in a safe and responsible manner and in accordance with all applicable laws, rules and regulations. The program coordinator or property manager shall have the right to prohibit or limit the use, handling or storage of firearms on properties designated for 4-H use for the safety of persons on the property.
(f) Should it be necessary or desirable for the use of firearms in any of the academic programs of the University, then permission for such use must be applied for and granted by the Provost or designee, Vice President for Business Affairs and the Chief of Police of the University Police Department.
(5) Any student or employee, including faculty, administration, and staff members, shall be immediately suspended for violation of this regulation. When required under applicable university disciplinary regulations or provisions of the applicable collective bargaining agreement, such a suspension shall be interim in nature until a proper hearing can be held by the appropriate hearing body to determine the facts and circumstances of the violation.
Specific Authority: BOG Resolution dated January 7, 2003.
History--New 9-29-75, Formerly 6C1-2.01, Amended 9-16-99, 3-31-06, 3-14-08.
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