Florida Teacher Fired Over Gun in Truck... - Page 3

Florida Teacher Fired Over Gun in Truck...

This is a discussion on Florida Teacher Fired Over Gun in Truck... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Mr. Lincoln has it right: The 1996 Federal gun free zone act reads "Sec. 657. Section 922(q) of title 18 (A) It shall be unlawful ...

Page 3 of 4 FirstFirst 1234 LastLast
Results 31 to 45 of 47
Like Tree2Likes

Thread: Florida Teacher Fired Over Gun in Truck...

  1. #31
    Member Array braindonor's Avatar
    Join Date
    Oct 2007
    Location
    Out west
    Posts
    116
    Mr. Lincoln has it right:

    The 1996 Federal gun free zone act reads

    "Sec. 657. Section 922(q) of title 18



    (A) It shall be unlawful for any individual knowingly to

    possess a firearm that has moved in or that otherwise affects

    interstate or foreign commerce at a place that the individual

    knows, or has reasonable cause to believe, is a school zone.



    "(B) Subparagraph (A) does not apply to the possession of a

    firearm--



    "(i) on private property not part of school grounds;



    "(ii) if the individual possessing the firearm is licensed to

    do so by the State in which the school zone is located or a

    political subdivision of the State, and the law of the State or

    political subdivision requires that, before an individual obtains

    such a license, the law enforcement authorities of the State or

    political subdivision verify that the individual is qualified under

    law to receive the license;"

    So, for instance, in my state, which requires a backround check for CCW, and specifically exempts CCW licensees from the state's own school zone law,I can and do carry my weapon every day at the private school I work at. It is VERY concealed, because it would freak out the sheep and lose me my job, but I have it and am legal.


  2. #32
    Senior Member Array walvord's Avatar
    Join Date
    Jul 2006
    Location
    St. Charles County Missouri
    Posts
    991
    Maybe they did him a favor by removing him from a "gun free zone". Actually, he is much safer than he was before. Now he can concentrate on the truck delivery job and defend himself if the need arises.
    The most exhilarating thing in life is getting shot at with no results.
    - Winston Churchill
    Endowment Life Member - NRA
    Life Member - GOA
    Member - Oath Keepers, SAF, CCRKBA
    U.S. Army (72G) 1975-1980

  3. #33
    Member Array Murexway's Avatar
    Join Date
    Apr 2007
    Location
    Florida
    Posts
    65

    Florida CCW School Carry Restrictions

    12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

  4. #34
    VIP Member Array miklcolt45's Avatar
    Join Date
    May 2007
    Location
    @ Wits' End
    Posts
    2,818
    Quote Originally Posted by Murexway View Post
    12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into... any elementary or secondary school facility; Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    Murexway,

    I'm not sure exactly what you're getting at, but I'm going to guess that you are indicating the teacher broke the law.

    This may not be against the law. Gutmacher (Florida Firearms: Law, Use and Ownership) indicates that a 'facility' normally relates to buildings and structures, not parking lots and entrance roads. However, there are no Florida decisions on this. He says to keep it
    securely encased and out of sight in your vehicle as allowed by F.S. 790.115.(2)(a)(3).
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
    Albert Einstein

  5. #35
    Senior Moderator
    Array MattInFla's Avatar
    Join Date
    Nov 2005
    Location
    Central Florida
    Posts
    4,863
    However, the Florida statute allows the school district to deny the right to keep the firearm in the vehicle when parked on school property.

    If the school district had such a policy, then having the gun in the parked truck may have been a violation of the law. See Gutmacher, p. 147.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  6. #36
    Member Array Murexway's Avatar
    Join Date
    Apr 2007
    Location
    Florida
    Posts
    65
    Quote Originally Posted by miklcolt45 View Post
    Murexway,

    I'm not sure exactly what you're getting at, but I'm going to guess that you are indicating the teacher broke the law.
    Well, as they say on TV, I'm not a lawyer. But as a FL CCW holder, I wouldn't be eager to test the definition of "school facility", especially if my job might be affected.

  7. #37
    Member Array skippythenurse's Avatar
    Join Date
    Dec 2006
    Location
    Houston, TEXAS!!
    Posts
    353
    There was a high school girl that was suspended because she had some shotgun shells in the floor of back seat of her car. What they refused to hear was that she competes in clay shooting and her shotgun was safely locked up at the house.

  8. #38
    Member Array PeaceKeepr's Avatar
    Join Date
    Oct 2007
    Location
    Georgia
    Posts
    67
    GA law allows Teachers and Staff members to keep a gun in their cars while at work, so long as it is locked in the glove compartment or lockable box.

    Quote Originally Posted by www.georgiapacking.org
    GA code 16-11-127.1
    C: The provisions of this Code section shall not apply to:
    17: Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.
    If guns are outlawed, only outlaws would have guns.

  9. #39
    Member Array talon's Avatar
    Join Date
    May 2006
    Location
    Ohio
    Posts
    84
    I am a public school teacher with two comments to share. While the situation is sad, the teacher in questions was foolish. Why tell someone or even hint at someone that there is a weapon in your car. Nothing good can come of that.
    As for the other teacher in this thread who is down on public schools, I would share that you sound very unhappy in your job. That can not be healthy for you either mentally or physically. Think about it.
    The world is a dangerous place to live... not because of the people who are evil, but because of the people who don't do anything about it. - Albert Einstein

  10. #40
    Senior Member Array bobcat35's Avatar
    Join Date
    Aug 2007
    Location
    Pennsylvania
    Posts
    664
    i miss the old days. when i was in grade school if a student was found with a shotgun or rifle in their locker they merely had to show that it was not loaded. the penalty at my school was three saturday detentions and to attend a hunterssaftey course. but then that was back when the major concern was simply an AD/ND. why shortly after culombine someone in the area got the idea to try shooting the place up (didn't get too far and didn't make any headlines i wonder why).
    "Nothing in life is so exhilarating as to be shot at without result."
    -Winston Churchill
    Every well-bred petty crook knows: the small concealable weapons always go to the far left of the place setting.
    -Inara, firefly

  11. #41
    Member Array C Paul Lincoln's Avatar
    Join Date
    Jan 2008
    Location
    Seattle-ish
    Posts
    253
    Bobcat's statement: "I miss the old days. when i was in grade school if a student was found with a shotgun or rifle in their locker they merely had to show that it was not loaded."

    I remember a friend that brought a shotgun to school for speech class, and displayed it as part of a "how to" on cleaning a gun. If I remember correctly, it sat in the corner of the classroom the rest of the day. I frequently had a rifle in the rack in my truck -- never a word said about it.

    What the hell is our country coming to?

    CP Lincoln

    "When I was a kid, this was a free country." -- G. Gordon Liddy

  12. #42
    Member Array Brig's Avatar
    Join Date
    Feb 2013
    Location
    Washington
    Posts
    85
    Quote Originally Posted by talon View Post
    I am a public school teacher with two comments to share. While the situation is sad, the teacher in questions was foolish. Why tell someone or even hint at someone that there is a weapon in your car. Nothing good can come of that.
    As for the other teacher in this thread who is down on public schools, I would share that you sound very unhappy in your job. That can not be healthy for you either mentally or physically. Think about it.
    Well put talon, but I'd like to add....that it most likely is unhealthy for the students as well. I work in special ed, and a day doesn't go by that I don't get scratched...spit on...kicked....etc. then I get hugs, smiles and laughs from those same kids....wouldn't do anything else. If a teacher has negative thoughts about his/her students, those are the standards the students will live up to.

    my rant is over.

  13. #43
    Member Array knowltk's Avatar
    Join Date
    Jan 2013
    Location
    Idaho
    Posts
    52
    As far as I can figure out, he would be legal according to federal law if the gun was unloaded and in a locked container.

    Also, from the description, it sounds like he was fired for violating school policy, not necessarily for violating the law.
    Jemsaal likes this.

  14. #44
    Member Array Bigpoppa48's Avatar
    Join Date
    Sep 2008
    Location
    Eastern NC
    Posts
    486
    Some asked "How did they know he had a gun in his car/truck?" I am willing to bet 99times out of 100 he told or hinted he carried or had a firearm in his vehicle in some shape form or fashion. Let me change that to 9,999 times out of 10,000.

  15. #45
    Senior Member Array Jemsaal's Avatar
    Join Date
    Dec 2012
    Location
    az
    Posts
    748
    knowltk is right.

    It has to be unloaded and in a locked container - the glovebox is a good example. I know some here are saying that a CCL changes things, and it does, to a point, It enables you to carry a gun in the 1000 foot zone. But the catch is, it DOESN'T allow you to USE the gun in that zone, not even in self defense, unless you're on private property.

    Nice, eh? I'm right on the borderline, so if my dog goes East into my neighbor's sidewalk, I can't chase him until I have my CCL, or I'm violating the law. If I'm on the sidewalk with my dog and someone confronts me, even if I have my CCL, I can't draw and use the weapon, or I'm in violation of the law for firing a weapon in a school zone.

    There's no provision for self-defense, unless you're in your private property.

Page 3 of 4 FirstFirst 1234 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Teacher wants a gun
    By dukalmighty in forum General Firearm Discussion
    Replies: 11
    Last Post: August 8th, 2010, 11:36 AM
  2. One Florida City Calls for a State Split: North Florida and South Florida
    By deadeye72 in forum Off Topic & Humor Discussion
    Replies: 16
    Last Post: May 7th, 2008, 09:47 PM
  3. Florida Substitute Teacher Fired, Accused of Wizardry
    By deadeye72 in forum Off Topic & Humor Discussion
    Replies: 9
    Last Post: May 6th, 2008, 08:16 PM
  4. Ultimate truck gun, or truck mounted laser
    By Dakotaranger in forum Law Enforcement, Military & Homeland Security Discussion
    Replies: 7
    Last Post: August 3rd, 2007, 07:52 PM
  5. Florida CC (teacher) Members...
    By RETSUPT99 in forum Off Topic & Humor Discussion
    Replies: 0
    Last Post: April 21st, 2007, 03:04 PM

Search tags for this page

bartow teacher fired

,
can a teacher be fired for a misdemeanor
,
can a teacher have a gun in the car
,

can a teacher keep a gun in their car

,
can i have a gun in my car on school parking lot in florida
,
can teachers keep guns in cars
,

cary rolfe florida

,
florida teachers concealed weapons in car
,

tallahassee teacher fired for threat

,
teacher fired car gun
,

teacher fired for having gun in car

,

tim bridges teacher fired

Click on a term to search for related topics.