CC at my kid school - Florida

[Javy]

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?

 

[NavyLCDR]

Statutes & Constitution :View Statutes : Online Sunshine

[SIZE=-1]790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.—(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.
(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.



[/SIZE]

 

[Mervin W Johnson Jr]

You were in violation of laws in almost all states by having a weapon on school property. You should delete your post so some overzealous parent doesn't turn you in and the police use this post as evidence against you.

 

[NavyLCDR]

You were in violation of laws in almost all states by having a weapon on school property. You should delete your post so some overzealous parent doesn't turn you in and the police use this post as evidence against you.

WRONG. In Washington State I can even exit the vehicle and open or conceal carry on school property while picking up or dropping of a student, as long as I have a CPL. There is also the exception in Florida that I posted before your unsubstantiated statement.

 

[Javy]

What or how is the correct way to act in this situation. I was carrying, what a normal parent should do?

 

[NavyLCDR]

What or how is the correct way to act in this situation. I was carrying, what a normal parent should do?

Exactly what you did do, in Florida anyway. In Washington I also get out of the vehicle and give my daughter a hug

 

[pmb61]

NAVYLCDR gave the answer:

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.

 

[KCD1974]

Minnesota is the same way as well, as long as you don't leave a close proximity to the vehicle. At least that's how it is for now.

 

[apvbguy]

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?

you were ok. just stay in the car and you're legal

 

[apvbguy]

You were in violation of laws in almost all states by having a weapon on school property. You should delete your post so some overzealous parent doesn't turn you in and the police use this post as evidence against you.

nonsense, if you don't know don't post!

 

[jcreek]

You were in violation of laws in almost all states by having a weapon on school property. You should delete your post so some overzealous parent doesn't turn you in and the police use this post as evidence against you.

Ya...not quite. Several states allow CCW on school property while picking up or dropping off students and some (Oregon, that I know of) allow it with a CPL regardless what you're doing on the property.

 

[DRNurse1]

Florida has the Disney rule now defining your vehicle as your private property where it is parked, so the OP has reasonable basis x2 to carry CONCEALED and remain INSIDE THEIR VEHICLE without violating the law. But remember that if your gun is exposed and a do-gooder sees it, all bets are off and I hope you have great insurance (ask the Disney employee persecuted for storing his legally carried firearm in his vehicle while at work). I am not a lawyer, so that should really be your next stop before you do this again.

 

[Itstjs]

You were in violation of laws in almost all states by having a weapon on school property. You should delete your post so some overzealous parent doesn't turn you in and the police use this post as evidence against you.

Actually in many states, its legal to possess your firearm as long as it is concealed and while you are picking up or dropping of your child. You may not brandish it in anyway, at least here in Michigan you can, you can even Open Carry with a CPL into a school where it is not posted. I have CC while on school property, (in the parking area) waiting to pick up my sister. No law was broken. You should remove your post as it is wildly inaccurate.

 

[JimTh]

You were in violation of laws in almost all states by having a weapon on school property. You should delete your post so some overzealous parent doesn't turn you in and the police use this post as evidence against you.

Wrong. In Virginia you can cc on school property as long as you are dropping off or picking up and you do not exit the car.

 

[NavyLCDR]

I doubt if Mervin will be back, in this thread.

 

[apvbguy]

I doubt if Mervin will be back, in this thread.

I doubt if he returns to the forum.
too bad, but you really can't be too hard on people who post misinformation

 

[Totidem Verbis]

Technically all of you are wrong. At least according to the law of the land (I.e., 2A).

Now you have to ask yourself... Is this a fight your willing to stand up for if you're ratted out. Just remember that concealed means no one even knows that you have it. But if you choice to wear it open in a state who is all too eager to deny you're right to defend yourself, its a risk you have to decide if its worth to take. At the end of the day they will use emotion and not common sense to beat you into submission. Some of us got a divorce for that same reason. But we all decide on how much we're willing to take before enough is enough.

 

[Caveman1978]

When you say you were legal, can you explain this? I have been cross referencing the statutes and Gun free act and **** for days. I contacted the Superintendent of the county I live in and he just said they follow the gun free act. My questions is if I securely encase my firearm before I am on the property, can I proceed to pick my children up? Or do I have to either A. Park down the street and walk with them or B. Go drop off my firearm at home if I want to pick them up like a normal parent does removing the whole reason of carrying a firearm. Please anyone with something specific please clear this up for me. Whenever I have approached local LEO they automatically firm up like they are talking to next school shooter.

 

[apvbguy]

If you have a cwfl you may drive onto the school property, keep the gun concealed and don't go wandering around and you won't have any legal problems. Maybe someone can post the actual law for you. asking a cop for legal advise is never a good idea. a cop is the worst source of legal info. ask an attorney who knows fla gun law.
there is a book written by a lawyer that is considered to be the bible for FLA gun laws, the author's name is gutmacher, go find it!

 

[NavyLCDR]

Please anyone with something specific please clear this up for me. Whenever I have approached local LEO they automatically firm up like they are talking to next school shooter.

Maybe someone can post the actual law for you.

The Florida statute was provided in post #2, with the reference to where you can find it!

Statutes & Constitution :View Statutes : Online Sunshine

[SIZE=-1]790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.—(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.
(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.[/SIZE]

Can I make it any more clear?!?