FL Public School Dilemma

This is a discussion on FL Public School Dilemma within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Okay, I've got my FL carry permit. Got my carry weapon (Ruger SR9). Just waiting for my holster (Crossbreed...where is it? I want it noooooow!). ...

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Thread: FL Public School Dilemma

  1. #1
    Senior Member Array Cthulhu's Avatar
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    FL Public School Dilemma

    Okay, I've got my FL carry permit. Got my carry weapon (Ruger SR9). Just waiting for my holster (Crossbreed...where is it? I want it noooooow!).

    Thing is, I drop my daughter off at elementary school every day. Since I don't trust the school personnel with my daughter's safety (many reasons I'll not go into here), I don't just toss her out from the car drop-off lane like most parents. I walk her to her classroom and stay with her until the teacher opens the classroom door and lets the children in.

    Once I start carrying, I will no longer be able to do this legally, being a clear violation of statue 790.115. However, according to the same statue, I should be able to leave it in my vehicle, per statute 790.25.

    Unfortunately, I don't remember what Gutmacher's book says on the matter, and I've lent my copy to my brother.

    It sounds like I'd have to disarm and secure the weapon in my vehicle in the parking lot while I walk my little monster...er, girl...to class, and then I can reholster once back in the car.

    Anyone else (in FL or elsewhere) have to deal with this and can provide some advice?

    -JT

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  3. #2
    VIP Member Array miklcolt45's Avatar
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    JT,

    My 'baby' graduated from a Brevard school nearly 2 years ago, so no longer applies to me. But, my reading of Gutmacher is the same as yours. In the car securely encased while you walk your daughter to class SHOULD keep you in good standing with the school district and the local LEO.

    Of course, he does say, "...there is an unresolved legal question whether temporary parking by persons other than students, faculty, and campus employees legally falls within the ambit of such a waiver. test case time!" (p. 147)

    Remember, concealed is concealed, even if it is in your car.
    I would not tell ANYONE that it is there. And no one searches my car without a warrant.
    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

  4. #3
    Senior Member Array Cthulhu's Avatar
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    Thanks, Mike, and I agree fully: concealed is concealed. My only real worry with leaving it in the car is if some yokel happens to spy me unholstering and securing the gun in the car and ends up raising a stink.

    I SO do not want to be a test case!

    -JT

  5. #4
    New Member Array gerald's Avatar
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    fl public school

    I'm from Fl (Spring Hill area)and I don't think you can have a gun anywere on school property and that encludes the parking area.

    I leave my wheel gun at home when I drive the kids to school

  6. #5
    Senior Member Array youngda9's Avatar
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    Quote Originally Posted by Cthulhu View Post
    My only real worry with leaving it in the car is if some yokel happens to spy me unholstering and securing the gun in the car and ends up raising a stink.
    Unholster while en-route...preferably while stopped at a stop sign or light where nobody will see. Throw it in the glove compartment and you're good to go.

    I too will soon have the same dilemma(they have a kindergarden(no carry zone) at daycare, thus making it a victom-rich-environment)...so I'm trying to figure out how to handle this as well.

  7. #6
    Senior Member Array bluelineman's Avatar
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    This is where I would suggest a simple clip on type of holster for easy on/off. My High Noon Mr Softy is really easy to take on & off.

    A COM safe or something like it would also be a good idea. I have 2 keyed alike for our vehicles.

    Mr Softy

    Center Of Mass Central

  8. #7
    Senior Member Array Cthulhu's Avatar
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    Thanks for the advice and links, everyone. I'm going to have to give those COM safes a serious look. I've seen them before, but didn't realize they were so inexpensive. I really like the option to order multiple safes, keyed the same.

    -JT

  9. #8
    Member Array bigiceman's Avatar
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    You might also look into a lifejacket it is what I use and I have mine bolted to the floorboard at my feet. I can unholster and put it inside while driving or stopped I keep the key on the ring with my car key and lock/unlock as I get out of/into the car. I have two keyed alike so each car has one, and they are almost completely covered by the car seat when I put it all the way forward as I exit the car.
    But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself...
    "Baa."
    LTC(RET) Dave Grossman

    Revolutionary War Veterans Association Shooter Qualification: Cook

  10. #9
    VIP Member Array tns0038's Avatar
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    My wife works in the school system, and from time to time, I volunteer to help at events.

    So if Iím headed to the school to visit, I donít put my sidearm on me. Instead I put it in the center consol, and lock that compartment when leaving the truck. When I return, to the truck I drive to my next stop before, holstering up.

    As others have said, I use an IWB clip style holster for those days. Simple and easy, and no one should notice me holstering. But, just to make sure, I never holster up at school.

    DonHume.com - Product Details

    I purchased this Don Hume for by Glock 26 at our local gun store, for $22 dollars.
    And I find it just a nice as the custom Bare Asset holster from High Noon that I have for the Walther PPKs.

    Bare Asset

    The reason I never holster up at school is I donít want to let anyone know, Iím leaving a pistol in my truck on a regular basis. Kids will talk and your car will be broke into.

    Hope this helps.

  11. #10
    VIP Member Array David in FL's Avatar
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    As a couple of others have said, the statute is somewhat vague and a little contradictory here, and Gutmacher acknowleges that as well.

    Best interpretation is that you may leave your weapon concealed and locked in your vehicle while on school grounds. Be aware though, the statute specifically forbids possession of a firearm in any school structure and a parking garage would qualify as a structure.

    Given the sensitivity of the issue of any weapons on school grounds these days, I'm extraordinarily careful not to let anyone catch even a glimpse of me securing a gun inside my car. Like tns0038, I unholster and secure my gun before I get to the school, and don't touch it again until I'm well away. Additionally, if I'm carrying a gun with a magazine disconnect, I'll drop the mag and keep it with me.

    My .02 worth.

  12. #11
    Senior Member Array digitalexplr's Avatar
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    Tough situation. I suspect if somehow you were caught on school property while carrying you would lose your ccw permit.

  13. #12
    Senior Member Array Musketeer's Avatar
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    Remember, all it takes is a casual statement from your child about her daddy having a gun in the car (pretty obvious to her if you are taking it off to stow in front of her) and you will be met by some nice LEOs when you show up next... test Case time.

  14. #13
    Senior Member Array Cthulhu's Avatar
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    Well, I've got not plans on taking the thing with me when I walk her to class...I'm more concerned with the parking lot issue. I'm going to have to do some reading. The statute itself seems to say that it's okay as long as it's 'securely encased' in the vehicle, but there may be some conflicting statute or info based on Gutmacher's book, which I don't have on me.

    I'm not worried about my daughter blabbing to somebody. She's too smart for that

    -JT

  15. #14
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    Good advice here. One point on the COM safe. I bought one and have a small problem. I drive a Toyota 4Runner with electric seats. The COM won't slide under the seat from the front. It will slide in from the side. That means I have to open the door get the safe out.

  16. #15
    Senior Member Array agentmel's Avatar
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    Ok guys. Let's make sure we're actually reading the law. Not what we think is true. When in doubt, consult a lawyer. All of the following is contained in the "Application Instructions" booklet you get with your permit paperwork. You can also find it online.

    -----
    790.115
    Possessing or discharging weapons or firearms... on school property prohibited...
    2(a) ...however, a person may carry a firearm:
    3. In a vehicle, pursuant to s. 790.23(5); except that school districts may adopt written and published policies that waive the exception is this sub-paragraph for purposes of student and campus parking privileges.

    Also...
    2(e) the penalties of this subsection shall not apply to persons licensed under. s 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12)...

    790.06(12) last sentence...
    Any person who willfully violates any provision of this subsection commits a misdemeanor or the second degree punishable as provided in s. 775.082 or s. 775.083.

    ------
    So, if your school or board has a specific written provision banning, you're a no-go. Otherwise the law says locked in the car is ok. Additionally, a violation for a permit holder is a 2nd Degree Misdemeanor, although I'm not sure what happens if there is an anti- policy in place. Any one know for sure??

    Mel
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