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Discussion in 'In the News' started by VolGrad, Oct 24, 2007.
man I just dont understand people...
Okay, he's got a legitimate reason to carry a gun. He has the permit that authorizes it.
Then he screws up. He takes his gun to a school. He should have the list of no-gun zones memorized! I know, he takes the gun EVERYWHERE since you can't predict when you'll need it, but nonetheless he violates the law by taking it to a school. Then when he's warned not to come onto school property. He ignores the warning and does it anyway.
In Georgia he'd be looking at a 10-year felony and the loss of his gun rights forever. I donno what Florida will do with him.
P.S. In Florida open carry in public is illegal. It must be concealed. So I assume that the cop didn't know he was armed until AFTER he arrested the guy for criminal trespass. The cop or school officials must have ordered him off school property for some other reason (probably just because they don't want reporters poking around their business).
Look at the bright side - maybe this newsman will do some 'vestigative reportin' on how the government disarms citizens who carry for their own protection and not for gang-bangin, street shootin', bragging rights, or general nefarious intent.
Legal change can begin with just one man if he is scrappy enough.
True legal change can start with one man.....I just hope it doesn't go the other way. Legal permit holder openly violates the law and brings gun on school property...after being warned against it. Doesn't sound like a good spark for change IMO.
I don't know the details of the case but I read it that the officer likely knew he had a gun and that was why he warned him not to come on school property. I could be wrong, that is just how I read it.
Was he on school property?
Sounds more like they just didn't want their grass ruffled.
Does 1000' matter in FL?
May have been alright if he just went across the street.
Can a public sidewalk by a part of the school campus in Florida? Can a campus police officer order somebody off a sidewalk? It sounds like he did not arrest him for stepping on the grass, even though that is being used as the excuse now. He arrested him for refusing to leave a public sidewalk and cross the street (was there a crosswalk?).
Get off my lawn???
What kind of grass are we talking about?
it's florida so probably st. augustine, does it really matter?
Lesson: Good or bad, right or wrong, license or not, if you are carrying a gun illegally and a police officer asks you to leave, do it promptly. Do not "make" the officer arrest you.
Well, that is just it. He was on a sidewalk near the school. Or he stepped on the grass a little.
Was he carrying a gun illegally in Florida?
I don't know.
What you have to discern is the definition of "facility" as far as the Florida statutes are concerned. If facility is the actual school building then he was definitely not committing a crime. If facility includes the sidewalk then he may have been committing a crime. Beyond that you have to discern if the sidewalk in front of the school is part of the school. Unfortunately "facility" is not defined in Chapter 790.
790.06 License to carry concealed weapon or firearm.--
(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.
The following Florida Statute contemplates that the grounds are separate from a the facilities:
810.097 Trespass upon grounds or facilities of a school; penalties; arrest.--
(5) As used in this section, the term "school" means the grounds or any facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.
See HEREfor video of the arrest.
No, Florida is not so backwards as Georgia.
Ah, ok. Thanks. Any case law for Florida's carry regulations?
Redbeard, thanks for posting that law. I notice that "facility" is used elsewhere in the statute, too.
Is it a crime to be armed on the sidewalk near a "detention facility?"
Anyway, the last law you posted differentiates between facilities and grounds.
Everybody watch this!
He is on the sidewalk, and the officer yells at him, "You are within 500 feet of the school!"
It certainly does not appear to be either a case of trespass or carrying a weapon at the school "facility." The attorney on the video certainly seems to be of the opinion that one violates the law in Florida only if he enters the building and that there is no trespass issue with the sidewalk.