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Posted: 8/2/2017 9:56:31 PM EDT
So I am going to a state university for the weekend and staying at a local hotel and was trying to get clarification.

Now I have a permit and I know state law says I can keep a gun locked in my car. However in reading the law it seems it gave schools an exemption for allowing guns locked in cars via this: "(7) Exceptions.--The prohibitions in subsection (4) do not apply to:
(a) Any school property as defined and regulated under s. 790.115."

And of course the university where I am going for the weekend for Masters classes state no guns on campus essentially.

However I remember there was a lawsuit and I can even find articles where the university states it will follow state law after the state said they can't deny guns locked in cars by license holders.

Just trying to get clarification if anyone can point me to where it clearly states it in law. I would prefer not to leave my pistol behind on a long drive and for entire weekend but I also don't want to get screwed either lol.
Link Posted: 8/2/2017 10:07:00 PM EDT
[#1]
You are correct.  790.115 provides an exception for guns stored in private vehicles in accordance with 790.25(5).  See the definition of securely encased in 790.001(17).

Case law re-enforces this exception under state preemption 790.33.  See Florida Carry Inc. v UNF.

Any State school that publishes a prohibition against guns locked in vehicles, in accordance with 790.25(5), is in violation of 790.33 and Florida Carry would like to know about it.

Automobile burglaries occur often on university campuses.  Secure your gun.  Don't leave the hotel parking placard or anything else that indicates that your are traveling from out of town, visible in your vehicle.

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:

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/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.115.html
Link Posted: 8/2/2017 10:14:52 PM EDT
[#2]
That's what I though but reading the state law, it seems so ambiguous.

Under the right to keep a gun locked in your car it then states that exception that refers to schools lol.
Link Posted: 8/2/2017 10:21:54 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That's what I though but reading the state law, it seems so ambiguous.

Under the right to keep a gun locked in your car it then states that exception that refers to schools lol.
View Quote
Yep, you are correct again.  Reading state statutes can be frustrating.

Forget about 790.06.  What I said before has nothing to do with your licence.  790.06 does not authorize you to park on school grounds... 790.115 does - as long as you comply with 790.25.
Link Posted: 8/2/2017 10:28:46 PM EDT
[#4]
Yh #3 in your post above concerns me. It seems a school can deny the ability to keep a locked gun in your car. Then searching I found something from UF where they don't mention it specifically, ie keeping a locked gun in the car, but basically just says no guns on campus unless you turn them in to campus police for safe keeping while on campus. And to do so you need approval from campus police beforehand.

Hate how ambiguous the laws are written amd i dont want to end up a guinea pig lol.
Link Posted: 8/2/2017 10:36:09 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yh #3 in your post above concerns me. It seems a school can deny the ability to keep a locked gun in your car. Then searching I found something from UF where they don't mention it specifically, ie keeping a locked gun in the car, but basically just says no guns on campus unless you turn them in to campus police for safe keeping while on campus. And to do so you need approval from campus police beforehand.

Hate how ambiguous the laws are written amd i dont want to end up a guinea pig lol.
View Quote
OK, notice the exeption in "3."

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.

State colleges and universities, by definition, are NOT school districts.  The term "school district" is defined in the statutes and universities are NOT school districts.  This was what the entire Florida Carry v UNF was about.

If you found something in UF publications that claims they can prohibit firearms in parked cars, it is an old publication.  They KNOW they can not do that.

Where did you find the prohibition?

At this point I need to state that IANAL, and nothing I say is legal advice.  And, at this point I'm to tired to parse the statutes any further.  A man has to do what a man has to do.  Do what you think is right.

Hopefully someone else will be along to reassure you.
Link Posted: 8/2/2017 10:40:09 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


OK, notice the exeption in "3."

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.

State colleges and universities, by definition, are NOT school districts.  The term "school district" is defined in the statutes and universities are NOT school districts.  This was what the entire Florida Carry v UNF was about.

If you found something in UF publications that claims they can prohibit firearms in parked cars, it is an old publication.  They KNOW they can not do that.

Where did you find the prohibition?
View Quote
Well it doesn't state a prohibition against having a gun in ur car. I just did an Internet search and it came up with a guideline by UF drafted in like 01 or 02. But if definitely doesn't say you can't. I will see if I can post what I found tomorrow as I'm on my phone. Going to see if I can find any newer guidelines they provide.
Link Posted: 8/2/2017 10:40:55 PM EDT
[#7]
Thanks and appreciate your input.
Link Posted: 8/2/2017 10:45:13 PM EDT
[#8]
never mind, the FC website is not up to date.
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