Back to School: Firearms Laws You Need to Know in Florida

Back to School

Do you have kids heading back to school in the Sunshine State? Let U.S. LawShield Independent Program Attorney David Katz explain the laws in Florida regarding guns and schools:

 

 

The possession of a firearm on school grounds is generally illegal with few exceptions.

Florida Statute 790.06 contains several subsections that explicitly prohibit the carrying and possession of a firearm on school grounds.

Firearms are not allowed at any school or college athletic event not related to firearms.

Florida law broadens this prohibition by applying it to all school-sponsored events and school property.

A person may not possess a firearm or other weapon at a school-sponsored event or on the property of any school, school bus, or school bus stop, subject to the exceptions explained below, found in Florida statute 790.115.

This includes the grounds of any elementary or secondary school facility or administration building and career centers.

Florida does not allow for the concealed or open carry of firearms on university or college campuses.

However, if an individual is a registered student, employee, or faculty member of the college or university, they may carry a stun gun or non-lethal electric weapon or device designed solely for defensive purposes, if it does not fire a dart or projectile. Further, recent court decisions have approved having a firearm securely encased in one’s vehicle on a college or university property.

As mentioned previously a person may carry under one of the few exceptions laid out in Section 790.115(2)(a).

A firearm can be carried in a case to a firearms program, class, or function that has been approved in advance by the principal or chief administrative officer of the school, as a program or class to which firearms may be carried or carried in a case to a career center having a firearms training range.

What about parking lots? Or when you pick up your kids or drop them off at school?

Concealed firearms can be carried without a license in a vehicle under Florida law as long as the person is 18 or older and the firearm is securely encased or otherwise not readily accessible for immediate use.

This extends to the carrying of a firearm in a person’s vehicle on the grounds of a school or at a school activity.

However, school districts are free to adopt written and published policies that waive this exception for purposes of student and campus parking privileges.

This means that while firearms in vehicles on school parking lots are legal under state law, and an individual school may have a policy that makes it illegal to have one on the lot. Further, even in a parking lot of a school that does not have a policy prohibiting firearms on the property, firearms still may not be taken out of the vehicle or into a school building.

Finally, it is important to remember that under the federal Gun Free School Zone Act unless you have a CWFL, you are committing a federal crime, punishable by up to five years in prison if you carry a firearm within a thousand feet of a gun-free school zone.

So if you are not a concealed weapons and firearm licensee, avoid driving in or near school zones in Florida.”

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9 comments on “Back to School: Firearms Laws You Need to Know in Florida

  • George F Taylor says:

    There are to many interpretations of the law the work against those who have CCWL. I have attended special classes to better understand the law and once again where I would be right, I could get arrested and have to get a lawyer to defend me to proved I was not at fault. Now I have insurance to help. What if my coat blows open and someone sees my firearm. This is not against the law, however people are often arrested for flashing a “gun”. The wind blew it open, not me. What about open carry? I want this only so when my firearm is accidentally exposed for a few seconds I don’t end up in jail. Some of the steps I take to hide my firearm when placing it in the holster are more suspicious than when the wind might blow it open. In this crazy world we need to be able to protect ourselves from harm without being concerned about every little thing that could happen. Trying to be safe is often no so safe.

  • Marvin Biediger says:

    That last paragraph about the Gun Free School Zone Act is ridiculous. Within one thousand feet of a school zone? That’s almost a qarter mile. There are probably millions of households within that extended “zone”. Criminals will not obey that law anyway, but that potentially makes federal felons out of law abiding citizens.

  • Elaine O'Dell says:

    Thank you for this update. I have my CWFL and also a student. I leave a firearm in my car, and do not carry on campus. From learning these laws, I have written down the statue number and will keep it near my firearm.
    I was also curious about non-firing self defense items, such as pocket knives and pepper spray, and this email clarified it for me.

    Once again, Thank you.
    ELaine O’Dell

  • Oscar QUINTANA says:

    Responsible firearm owners should be able to carry in school . After what happened when all those innocent children were shot.If o e teacher or worker had a CCL WHO KNOWS maybe it would have turned out different. Just an opinion Am not going to argue with anyone that doesn’t agree.

  • I find the Florida law problematic. Criminals do not obey the law, so the State is basically assuring that no citizen may respond to an attack on school property. How many license holders have been arrested commiting crimes on school property? It has to be a much smaller number than those bringing guns to school for attacks. Unless every scool is going to institute armed guards and scanning as done at most courthouses, the policy is easy to neglect. Also, school fences do not prevent armed criminals from climbing onto school property. There is much more to consider, as the history of disasters at schools shows that the laws are not working as intended in many states. Any gun-free zone merely assures that the lawless have an advantage; that does not make sense to me.

    Additionally, about stun guns — if they use “no” projectiles, how do the wires deploy? This is a case where lawyers do not understand either English of simple physics.

  • Robert Hittell says:

    Carrying a firearm within a thousand feet of a gun free school zone is ridiculous. Before I got my CW license I passed by schools all the time. What about people that live next to a school that don’t have a permit. They could go to prison and not even know the law. You can’t carry a weapon on school property that should be sufficient for any law.

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