Florida Concealed Carry banner
1 - 12 of 12 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 · (Edited)
Hello everyone,
I am new here and did my application at Dept. of Ag on 02/13/17 and received my license on 02/17/17. I then bought my first carry weapon on 02/25/17.
I have a question I am hoping to get some help on. I have done some research on my own with several Florida Statues, but hope some one here can help shed a little more light on this matter.

I work for a County School District in Florida. Every week day morning I drive my personal vehicle to a school district maintenance site. At this location is a parking lot in which employees park personal vehicles and switch over to school district vehicles. This site contains Warehouses for supplies; Mechanic shops for our equipment; Offices for our supervisors. There is no "School" on or within miles of this location. There are never any students or children on these grounds at any time.
Would I be putting my clean record, licence to carry, or bank account at risk if:
I drove to work each morning with my concealed carry fire arm and left it in my locked personal vehicle during my work day?

Unfortunately I can not carry it with me throughout my work day, but I would like to have it on me as soon as my work day has ended.
Any help on this subject is very appreciated.
 

·
Registered
Joined
·
4,873 Posts
Hello everyone,
I am new here and did my application at Dept. of Ag on 02/13/17 and received my license on 02/17/17. I then bought my first carry weapon on 02/25/17.
I have a question I am hoping to get some help on. I have done some research on my own with several Florida Statues, but hope some one here can help shed a little more light on this matter.

I work for a County School District in Florida. Every week day morning I drive my personal vehicle to a school district maintenance site. At this location is a parking lot in which employees park personal vehicles and switch over to school district vehicles. This site contains Warehouses for supplies; Mechanic shops for our equipment; Offices for our supervisors. There is no "School" on or within miles of this location. There are never any students or children on these grounds at any time.
Would I be putting my clean record, licence to carry, or bank account at risk if:
I drove to work each morning with my concealed carry fire arm and left it in my locked personal vehicle during my work day?

Unfortunately I can not carry it with me throughout my work day, but I would like to have it on me as soon as my work day has ended.
Any help on this subject is very appreciated.
Sorry for the formatting. I could not get “word” to cooperate...

OK, that is a tough one. First we need to determine if the property on which you park is the “property of any school” per 790.115

http://www.leg.state.fl.us/Statutes...ng=&URL=0700-0799/0790/Sections/0790.115.html

(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;...

I don't know if the property on which you park is the property of any school. If it is not then we can stop here.

For the sake of discussion let us assume that you are parking on the property of any school. You may not carry you firearm under the authority of 790.06 (i.e. concealed) but you may carry per the exception in 790.115.

...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.

http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0790/Sections/0790.25.html

790.25 allows you to carry a firearm, in your private conveyance, securely encase. Securely encased is defined in 790.001.

http://www.leg.state.fl.us/Statutes...ng=&URL=0700-0799/0790/Sections/0790.001.html

(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.

So, IANAL but generaly you may carry a concealed firearm in you private conveyance (but not on your person) while parked on school property unless the school district has specifically waived the exemption.

To the best of my knowledge, case law is yet to determine what a school district must do to waive the exception.

That is the best I can do on an empty stomach. I can answer any question after dinner.:grin
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #3 ·
TitleIIToyLover thank you for the great reply. It was very helpful and put everything I had been reading for research in one place. I figured it would be safe to keep it locked in my personal vehicle. No one will know about it, and my vehicle will never be searched. So I had no fear of anyone knowing, but I do want to make sure I am a well educated and responsible concealed licence holder.
 

·
Registered
Joined
·
4,873 Posts
TitleIIToyLover thank you for the great reply. It was very helpful and put everything I had been reading for research in one place. I figured it would be safe to keep it locked in my personal vehicle. No one will know about it, and my vehicle will never be searched. So I had no fear of anyone knowing, but I do want to make sure I am a well educated and responsible concealed licence holder.
I'm glad I could help.
 

·
Super Moderator
Joined
·
31,667 Posts
TitleIIToyLover nailed it. :thumsup
 

·
Registered
Joined
·
4,734 Posts
Great and straight forward answer. And here Astrocreep is the Old Guy's letter!

Glad to have you join and become a valuable member. Now thelearning begins.
Now more than ever you carry a responsibility greater thanyou have ever held before. You hold life and death in your hand and in but asplit second what you decide to do will hopefully be viewed as the right thingto do by 6 or 12 of your peers and a Judge just like George Zimmerman was.

Yes youare a member of the CCW club now. Seek knowledge, learn to be more polite then everbefore, learn not to provoke, learn not to place yourself in a position to needthe use of deadly force.

Life is not a fantasy or a movie. If you ever have to defendyourself with this deadly force you can now carry concealed you will seesomething so violent it will make you sick. Killing a human being even for theright reasons is something you will never get over. Something inside your verysoul changes forever. Remember, the person you kill will have relatives. They will never forget you. You may have to move. However, never ever let some perp take your life, lovedones, or defenseless people you can protect. God bless you and I hope you carry24/7 and never use it except for targets of paper and steel. Good luck Autocreep!
 

·
Registered
Joined
·
4,741 Posts
In my mind, a key question here is, does "the property of any school" include all property owned by the school district? I would think a sharp attorney could make a pretty good argument that if the property is not associated with a specific school, then it is NOT "the property of any school." That is, if the legislature had intended this to apply to ALL property owned by the school district, then they would have said that. Clearly the legislature must understand the difference between a school and a school district, and must realize that many (most? maybe even all!) school districts own property that is not associated with any specific school. So if they MEANT "the property of any school district" then they would have SAID that, rather than limiting it to only "the property of any school."

Of course, I am not a lawyer, and I am not the one would be trying to make that argument in court. What's more, I am pretty sure that no test case has gone through to validate (or invalidate) my reasoning. So who knows what would happen in a real court, in a real case?

Interesting question, though, which shows how even a seemingly clearly-written law can have details that require more clarification based on specific circumstances. Why we need a judicial branch, as well as a legislative branch.
 

·
Registered
Joined
·
2,095 Posts
In my mind, a key question here is, does "the property of any school" include all property owned by the school district? I would think a sharp attorney could make a pretty good argument that if the property is not associated with a specific school, then it is NOT "the property of any school." That is, if the legislature had intended this to apply to ALL property owned by the school district, then they would have said that. Clearly the legislature must understand the difference between a school and a school district, and must realize that many (most? maybe even all!) school districts own property that is not associated with any specific school. So if they MEANT "the property of any school district" then they would have SAID that, rather than limiting it to only "the property of any school."

Of course, I am not a lawyer, and I am not the one would be trying to make that argument in court. What's more, I am pretty sure that no test case has gone through to validate (or invalidate) my reasoning. So who knows what would happen in a real court, in a real case?

Interesting question, though, which shows how even a seemingly clearly-written law can have details that require more clarification based on specific circumstances. Why we need a judicial branch, as well as a legislative branch.
The more I think about your argument, the better I like it. You sure you ain't a lawyer? :grin
 

·
Registered
Joined
·
4,873 Posts
In my mind, a key question here is, does "the property of any school" include all property owned by the school district? I would think a sharp attorney could make a pretty good argument that if the property is not associated with a specific school, then it is NOT "the property of any school." That is, if the legislature had intended this to apply to ALL property owned by the school district, then they would have said that. Clearly the legislature must understand the difference between a school and a school district, and must realize that many (most? maybe even all!) school districts own property that is not associated with any specific school. So if they MEANT "the property of any school district" then they would have SAID that, rather than limiting it to only "the property of any school."

Of course, I am not a lawyer, and I am not the one would be trying to make that argument in court. What's more, I am pretty sure that no test case has gone through to validate (or invalidate) my reasoning. So who knows what would happen in a real court, in a real case?

Interesting question, though, which shows how even a seemingly clearly-written law can have details that require more clarification based on specific circumstances. Why we need a judicial branch, as well as a legislative branch.
So, it is not exactly case law, but when Disney was pushed on the 790.251 issue, and their exemption from 790.251 by virtue of their explosives licence, they finally agreed that their prohibition only applied to the "world" where fireworks were actually stored and used. They agreed that some of there outlying property was not covered by their prohibition. Of course this was not widely published. And don't ask me to cite my source...those brain cells have long died.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #10 ·
In my mind, a key question here is, does "the property of any school" include all property owned by the school district? I would think a sharp attorney could make a pretty good argument that if the property is not associated with a specific school, then it is NOT "the property of any school." That is, if the legislature had intended this to apply to ALL property owned by the school district, then they would have said that. Clearly the legislature must understand the difference between a school and a school district, and must realize that many (most? maybe even all!) school districts own property that is not associated with any specific school. So if they MEANT "the property of any school district" then they would have SAID that, rather than limiting it to only "the property of any school."

Of course, I am not a lawyer, and I am not the one would be trying to make that argument in court. What's more, I am pretty sure that no test case has gone through to validate (or invalidate) my reasoning. So who knows what would happen in a real court, in a real case?

Interesting question, though, which shows how even a seemingly clearly-written law can have details that require more clarification based on specific circumstances. Why we need a judicial branch, as well as a legislative branch.
My mind first went to does "the property of any school" include all property owned by the school district as well. The school district I work for has several properties that are in no way associated with any type of school or student. I am not a lawyer either but I very much agree with how you put this.
 

·
Registered
Joined
·
2,896 Posts
"Property" seems to have two meanings.
1. The land on which a school is sitting.
2. Land that is owned by the school district.

If the second definition was true, then if a school district bought a condo development, you couldn't carry in your own home!

Later, we'll have to define "school" also. Sunday school? Day school?
 

·
Registered
Joined
·
4,873 Posts
"Property" seems to have two meanings.
1. The land on which a school is sitting.
2. Land that is owned by the school district.

If the second definition was true, then if a school district bought a condo development, you couldn't carry in your own home!

Later, we'll have to define "school" also. Sunday school? Day school?
The second part of your question is relatively easy.

790.115
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.
 
1 - 12 of 12 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top