Florida Carry Sues Over University Parking Lot Gun Ban

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Florida Carry Sues Over University Parking Lot Gun Ban

Postby StogieC » Mon Oct 03, 2011 9:15 pm

FOR IMMEDIATE RELEASE - October 3rd, 2011.

Florida Carry Sues Over University Parking Lot Gun Ban

Florida Carry, Inc. has today filed a lawsuit against the University of North Florida (UNF), seeking a permanent injunction from enforcing its unlawful ban on firearms and weapons. We also seek a court order to repeal their unlawful regulations, remove all preempted signs, also that UNF pay fines, costs, attorney's fees, and damages. Since 1987 the Florida Legislature has preempted firearms law and issued statewide licenses to carry for self-defense.

Florida Carry filed this case on behalf of Florida Gun Owners and our members. One such member, Alexandria Lainez, is a single mother who has received extensive training in firearms and self-defense to be prepared to protect herself and her young child should that horrible need arise. Alexandria is a full time student at UNF and worries that she has to choose between her family's safety and her education on a daily basis while attending college.

No public college or university has any right to prevent students from having a firearm in their car as long as the firearm is lawfully possessed under state law. Any public college or university which attempts to restrict students’ rights on this issue is subject to being sued under Florida Firearms Preemption law which was amended this year to make the 24 year old statute easier to enforce by organizations like Florida Carry.

Read the Complaint Here
Sean C.
Executive Director http://www.FloridaCarry.org
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Re: Florida Carry Sues Over University Parking Lot Gun Ban

Postby HES » Thu Oct 06, 2011 9:26 am

Good effort. My wife is in the masters program at USF and is pissed that she has to leave her pistol at home and can't even leave it in her car. This is especially true considering the area that the university is in. But I thought that the law barred firearms on any school campus, be it a day care or university.

In fact SS790.115 states

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.

For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.


So I would love to see this case be successful, but based on the bolded parts above, how do you think you can prevail? Don't you think that the judge will toss this by saying that a University Board can also constitute a "School District" and that the intent of the law is clear since it specifically mentioned secondary and post secondary schools?
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Re: Florida Carry Sues Over University Parking Lot Gun Ban

Postby GLoCKeYeD » Thu Oct 06, 2011 10:52 am

good luck. im a UNF alumni . it always sucked leaving at night in the parking garages. the only time i saw "police" was writing parking tickets.

[smilie=cheers1.gif]
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Re: Florida Carry Sues Over University Parking Lot Gun Ban

Postby StogieC » Thu Oct 06, 2011 11:16 am

HES wrote:Good effort. My wife is in the masters program at USF and is pissed that she has to leave her pistol at home and can't even leave it in her car. This is especially true considering the area that the university is in. But I thought that the law barred firearms on any school campus, be it a day care or university.

In fact SS790.115 states

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.


It is lawful to have a firearm securely encased in you car on any school property, including k-12 and universities, except where a school district has published a waiver to 790.115(2)(a)

Colleges and Universities are not "school districts". School Districts are defined in the Florida Constitution and are governed by elected officials and have the authority to levy taxes. Universities do not have these powers and are in now way considered to be "school districts".
Sean C.
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Re: Florida Carry Sues Over University Parking Lot Gun Ban

Postby beaverfever » Thu Oct 06, 2011 11:30 am

Keep fighting the good fight! These bs "feel good" laws do nothing to deter crime.
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Re: Florida Carry Sues Over University Parking Lot Gun Ban

Postby macattack321 » Fri Oct 07, 2011 1:05 pm

GLoCKeYeD wrote:good luck. im a UNF alumni . it always sucked leaving at night in the parking garages. the only time i saw "police" was writing parking tickets.

[smilie=cheers1.gif]

I'm an UNF alumni, and I can vouch about the only time police are around is to write tickets...
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Re: Florida Carry Sues Over University Parking Lot Gun Ban

Postby macattack321 » Fri Oct 07, 2011 1:08 pm

StogieC wrote:Colleges and Universities are not "school districts".

+1 If they had college districts, a person from Orlando could not attend UNF, because his/her district would be "UCF territory".
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Re: Florida Carry Sues Over University Parking Lot Gun Ban

Postby HES » Mon Oct 10, 2011 10:47 pm

StogieC wrote:School Districts are defined in the Florida Constitution and are governed by elected officials and have the authority to levy taxes.

Now that I didn't know and it makes sense now. Question is will a judge see your logic?
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