having my gun when i go to pickup my kid at school

9396 Views 18 Replies 13 Participants Last post by milkmanjoe, Sep 18, 2009

Glock4488

Discussion Starter · Sep 4, 2009

Ok this is the deal. My son got detention, he usually rides a private bus but the school is full of "morons". I hope I can say morons on here.

He got a detention because he forgot his id badge the first week of school. Don't you think they could warn them? No it's a detention and these idiots don't think of what an inconvience it is to the parents to have to change their daily plans because of a detention. Oh yea he's actually got another one for making a paper airplane! He never saw one before so he thought it was cool. but BAM detention. My son used to like school but with all the bull he hates school now. They have shown how they changed his outlook on school, use to love it, now hates it. Then they complain because kids don't listen. I wouldn't listen to these people either. As you can tell I'm pissed. I put up with this last year. unless he sits, walks in line, wheres his uniform , dosen't speak then he's ok. Sounds like Hitler. There more worried about bs then teaching. ok I could go on and on,

my question is can i pickup my son with my gun in the glove compartment and not on my person.

here's what the book says............Can't carry at school "facility" so and entrance road or parking lot should not fall into this definition. If you want to play it safe keep it securely encased out of sight and in your car. page 64 if you have the book.

So i just pullup to a certain spot and he gets in the van. I don't have to get out and walk around with the gun.

just wondered what you would do? Because alot can happen on the way to or from school and I feel so much better now with security on my waist.:ak

thanks Steve

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brboyer

· #2 · Sep 4, 2009

Public or private school?
If the local school board (public school) has not waived the exception in 790.25(5), put it in the glove-box before entering school property and you'll be fine. See below.

Some judges have opined that allowing the executive branch of government (School Board) to create a felony (a legislative branch function) by simply writing and publishing a policy is a unconstitutional violation of separation of powers...... This is still unsettled law.

790.115 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:

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.

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.

790.25 Lawful ownership, possession, and use of firearms and other weapons

(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.

(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.

milkmanjoe

· #3 · Sep 4, 2009

I asked a local cop the same question.....His attitude was...put it in your glove box, nobody is gonna search you car. He was very relaxed about it and even told me the church across the street has no anti gun policy and I could park there and walk across the street to my kids. However, yesterday it stormed, and my 6 year old daughter's head/shoulders got soaked. I took off my over-shirt and dried her, and I noticed other parents looking at me. My empty holster(see avatar) was in plain view, and my eight year old son figured out what was going on right away. Both of my boys thought it was hysterical, I didn't, as we're new to the school so people aren't comfortable with us yet. Well, at least I look military(clean cut/buzz head), so I got away with it, but watch that holster, it can cause some raised eyebrows.

brboyer

· #4 · Sep 4, 2009

milkmanjoe said:
I asked a local cop the same question.....His attitude was...put it in your glove box, nobody is gonna search you car. He was very relaxed about it and even told me the church across the street has no anti gun policy and I could park there and walk across the street to my kids. However, yesterday it stormed, and my 6 year old daughter's head/shoulders got soaked. I took off my over-shirt and dried her, and I noticed other parents looking at me. My empty holster(see avatar) was in plain view, and my eight year old son figured out what was going on right away. Both of my boys thought it was hysterical, I didn't, as we're new to the school so people aren't comfortable with us yet. Well, at least I look military(clean cut/buzz head), so I got away with it, but watch that holster, it can cause some raised eyebrows.

And, RAS for a police officer to believe you have a weapon in the car in violation of the law..........be VERY careful.

MiklColt45

· #5 · Sep 4, 2009

Glock4488 said:
my question is can i pickup my son with my gun in the glove compartment and not on my person.

here's what the book says............Can't carry at school "facility" so and entrance road or parking lot should not fall into this definition. If you want to play it safe keep it securely encased out of sight and in your car. page 64 if you have the book.

So i just pullup to a certain spot and he gets in the van. I don't have to get out and walk around with the gun.

just wondered what you would do? Because alot can happen on the way to or from school and I feel so much better now with security on my waist.:ak

thanks Steve

With your CWFL, and not leaving the vehicle, you are legal to pick up or drop off.

Get out of the car, another story. Of course, unless you give someone permission to search your car, they would never know.

Wardey

· #6 · Sep 4, 2009

MiklColt45 said:
With your CWFL, and not leaving the vehicle, you are legal to pick up or drop off.

Get out of the car, another story. Of course, unless you give someone permission to search your car, they would never know.

Yes, You can drive through the car line and parking lot WITH a permit but not IN the school. Without a permit, you have to be 500' (?) away from school property I beleive. Dave

SuperTrkrE2812

· #7 · Sep 4, 2009

If i remember what i read in Jon Gutmachers book, and i am going by memory here, AS LONG as you have your CWL and you are just driving on school grounds to pick up your child in an area like car pickup, you do not need to put your gun in your glove box, it can stay in your holster. BUT DO NOT go inside the building. If you get out of your vehicle, put the gun in your glove box.

And BTW, it is not illegal to show your EMPTY holster, ANYWHERE. So why do you care if anyone looks at you?

istols
They could look at me and my supertuck all day long and i would just at them and smile.

Mac45

· #8 · Sep 4, 2009

SuperTrkrE2812 said:
And BTW, it is not illegal to show your EMPTY holster, ANYWHERE. So why do you care if anyone looks at you?istols
They could look at me and my supertuck all day long and i would just at them and smile.

I have apologize to any school administrators who may be on the forum, in advance, for the following.

The reason why it is not a good idea to enter a school with an empty holster displayed, is because many school administrators are not thoughtful, rational beings. This does not apply to all, of course, but, in my experience, it applies to a significant number. They have a tendency to overreact whenever they perceive any possible threat to the "chil'ren". You could, very easily, find yourself being questioned, by a School Resource Officer or other local LEO, concerning the reason for the holster and the location of your firearm. The display can lead to the questioning of your children concerning practices in your home, including your weapons storage practices, of which your children are certainly aware. Some of these people have an agenda and the position to bring unwanted official scrutiny to bear on you and your family. And many social service people have some very strange ideas and little grounding in the law. This is, unfortunately, the world we live in.

It is not illegal to wear a holster in public. But, very often, a little discretion can forestall a great deal of later inconvenience. :thumsup

Just a thought. And again I apologize to any school administrators or social workers who may have taken offense at my remarks.

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milkmanjoe

· #9 · Sep 4, 2009

Mac45...Thank You

This is why I did not find it funny when my boys did. I reacted to my upset daughter knowing I did not have a weapon on school grounds as my car was across the street, where the officer told me I would be OK. Cover shirt off, T-shirt lifts a little...holster exposed to people who have yet to meet me.
Small whoopsie, legal whoopsie, but still a whoopsie.
Not my best effort, and bothering me.

Glock4488

Discussion Starter · #10 · Sep 4, 2009

thanks everyone

So I guess I can bring my gun with me. But if I have to get out for some reason, I will put my gun in my glove compartment.

This brings back a funny story....when i was about 19 or 20 I was going to night school to get my GED.

Yes I quit school and started working when I was 14. Yep we was a poor.

But the funny part and why i asked this question even though the book says it's ok in so many confusing words.

I pulled up for my night class and got out of the car and was downing a beer before class. ( I worked construction back then and we drank all day long). Well one of the school personel saw me drinking a beer and it was as if I was carrying a hand grenade!
She was screaming "you can't bring alcohol on school property" and on and on.

I was like what is wrong with you it's nighttime and this is adult education.

needless to say I almost got arrested for one beer on school property.

So I got stoned before class...:rolf:rolf

The only reason I was going to class was to get a GED to fufill a promise to my mom.

Lets just say I failed. I was so stoned one time before class, the walls were moving and the desk were dancing.......I think it was laced with pcp:smack

I learned my lesson and Got clean and sober over 20 years ago.:angel With alot of help from above.

P.S. went to a diffrent school and recieved my GED and even have some college credits now.:dancingbanana

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Paladin

· #11 · Sep 4, 2009

SuperTrkrE2812 said:
If i remember what i read in Jon Gutmachers book, and i am going by memory here, AS LONG as you have your CWL and you are just driving on school grounds to pick up your child in an area like car pickup, you do not need to put your gun in your glove box, it can stay in your holster. BUT DO NOT go inside the building. If you get out of your vehicle, put the gun in your glove box.

And BTW, it is not illegal to show your EMPTY holster, ANYWHERE. So why do you care if anyone looks at you?istols
They could look at me and my supertuck all day long and i would just at them and smile.

That's what I do. I drop off my kids at school quite often and I never disarm. If I have to leave my vehicle the weapon goes into my locked glove box.

Just make sure you don't get out of the vehicle while wearing the gun.

JMCrooks

· #12 · Sep 4, 2009

I know that here in Duval county the school board has published a written policy forbidding you to park on school property with a firearm.:thumbsdwn But you still can pick up and drop off. They can not stop from that

. Gutmacher states that in his book on page 149 A&Q's.

daytona

· #13 · Sep 6, 2009

I wouldn't worry about an empty holster - with all the phones,PDA'S and such. Tell em' it's a tool belt. :laughing

dorough

· #14 · Sep 17, 2009

JMCrooks said:
I know that here in Duval county the school board has published a written policy forbidding you to park on school property with a firearm.:thumbsdwn But you still can pick up and drop off. They can not stop from that
. Gutmacher states that in his book on page 149 A&Q's.

I'm in Duval too. And I've been trying really hard to figure this one out. It's somewhat of a gray area. The DCPS did publish a written policy forbidding parking on school property with a firearm in the vehicle. However, that was published in the DCPS Code of Conduct, viewable here.

Page 34, JURISDICTION OF THE SCHOOL BOARD, says, "All school regulations and prohibitions pertain to automobiles driven or parked on school property. In addition to the forgoing, jurisdictional control over the student may be extended to the immediate vicinity of the school when the conduct of the student is deemed to have a detrimental effect on the health, safety, and welfare of the school."

All of this information is directed toward the student.

I've yet to find any information directed toward honest law-abiding CCW citizens.

I do know that my child's school is on the other side of town and I do at times have to go to the school to pick him up. It provides for a uncomfortable situation should I need to go into the school to sign him in/out of class. Of course, my gun would NEVER enter the school - not even come close to leaving the vehicle! But what is one to do - other than leave work and drive 20 miles to drop the gun off at home and drive another 20 to pick the kid up?

Then there are those athletic events at schools in really bad areas. I would feel like a sitting duck driving near, much less to, those places without protection.

What a quandary. Does anyone have specific information that I've maybe overlooked? Sure would be great if we could hear from Mr. Gutmacher on this one!

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MPDC66

· #15 · Sep 17, 2009

I think the most they can do for displaying an empty holster is detention and a lecture by a Left wing educator. HOwever, if you punch the educator, you may be subject to a detention facility for an undetermined period.:rolf

milkmanjoe

· #16 · Sep 18, 2009

Last night we went to a book fair for my son's class. As we were walking through the fenced in parking lot we noticed two ladies cleaning up the remains of a drivers' side broken window. Seems that there is a local problem and once in a while there is a smash 'n grab(her purse was on the seat)...
But, we leave our weapons in our vehicles to attend a school function and some thug comes along with a window blaster and said weapon is gone. Gotta really hide those pistols people, I'm sure the bad guys will eventually figure out that cars parked near a school function can have guns in them.

dorough

· #17 · Sep 18, 2009

milkmanjoe said:
But, we leave our weapons in our vehicles to attend a school function and some thug comes along with a window blaster and said weapon is gone. Gotta really hide those pistols people

It always pays to think twice before exiting your vehicle. I never leave my gun on or under the seat when I exit... nor anywhere else unsecured. If I leave my vehicle, the gun is either on my person or locked in a glove box or compartment.

Never leave any visual evidence that you have a weapon.

goldsamurai26

· #18 · Sep 18, 2009

Once again, one of those hand safes bolted down in the trunk works great. Cover gun with small towel inside vehicle, pop trunk, carry towel to trunk, put into hand safe. If they REALLY want what's in it, they are gonna have to spend some time to get it.

milkmanjoe

· #19 · Sep 18, 2009

goldsamurai26 said:
Once again, one of those hand safes bolted down in the trunk works great. Cover gun with small towel inside vehicle, pop trunk, carry towel to trunk, put into hand safe. If they REALLY want what's in it, they are gonna have to spend some time to get it.

Agreed, hand safe is already in possession...will install it tomorrow AM. Bolting it through floor base in rear of SUV. Less than a hundred bucks, total.
Much cheaper than my wife's idea of hiring and armed guard to guard my gun while I'm in school.. :rolf

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