Carry by a School Bus Stop in Florida - Page 2
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Thread: Carry by a School Bus Stop in Florida

  1. #11
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    Quote Originally Posted by Fishinkeylargo View Post
    Laws like this one are dangerous. The spirit of the law is one thing. The misguided intentions of gun grabbers is another.

    Here is another twist.

    I go to the local grocery store carrying my firearm as always. Do my shopping and proceed to the check-out line. As the cashier is ringing up my purchases I notice the elementary school safety patrol is there bagging groceries and looking for donations to help fund their annual safety patrol trip to Washington DC. Am I now in violation of 790.115? I would say the spirit of the law says no. I'm sure one could argue that I am in fact at a school sponsored event and am violating the law.

    I don't think so Paul. In the situation you described it seems to me the grocery store is sponsoring a fun drive for the elementary kids. They are providing space and whatever else is necessary probably advertising but the school is not sponsoring it at all.

    I don't know if I'm right or wrong on this but until I do some more research and get a better black and white answer I think this is the way my thought would run

    Don
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  2. #12
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    Quote Originally Posted by RScottie View Post
    I definitely would not call anyone in any authority as they may take their response too far and you end up being the focus of the issue.

    The issue is a bad law.

    There is a group in Florida that has fought for your right to carry. I suggest you join them and post your concern to their boards. They will likely have good information.

    https://www.floridacarry.org/
    I just visited their website and did not find anything showing they are still active. The last Legislation they were alerting about was from 2017. Their last Accomplishments was listed from 2016. While website updates may or may not reflect reality, it is just too easy to maintain a website's entries as current to not do so. While I can see joining their organization to help the cause, joining an organization that is effectively defunct but may still be collecting membership (I do not at this time know if that is the case!!) is not something I want to do. I will seek to contact them and do some information fishing to see if they are still viable.

  3. #13
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    For it to hold any bearing, it would have to be officially designated a school bus stop; not just where the kids all line up to catch the bus. To be designated, it would have to bear the official posting that it was and it would have to be approved by the City council, the school board and the property owners. Just merely calling a place a school bus stop doesn't pass constitutional muster.
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  5. #14
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    Quote Originally Posted by Peacemakr40 View Post
    For it to hold any bearing, it would have to be officially designated a school bus stop; not just where the kids all line up to catch the bus. To be designated, it would have to bear the official posting that it was and it would have to be approved by the City council, the school board and the property owners. Just merely calling a place a school bus stop doesn't pass constitutional muster.
    Unless, of course, a judge disagrees with you. Sure, you can fight it, but that's gonna cost money (appellate attorneys usually charge way more than trial attorneys).

  6. #15
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    Heck, I drove by a school bus today that was dropping off the kiddos for class and I had to stop and let them cross. I had my carry weapon on my person and my BUG in the console of my car. Of course, this is Texas and I don't really know what laws do, or don't, apply.
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  7. #16
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    Quote Originally Posted by Peacemakr40 View Post
    For it to hold any bearing, it would have to be officially designated a school bus stop; not just where the kids all line up to catch the bus. To be designated, it would have to bear the official posting that it was and it would have to be approved by the City council, the school board and the property owners. Just merely calling a place a school bus stop doesn't pass constitutional muster.
    According to 2018 Florida Statutes:

    Title XLVIII, 1006.22 (12)

    (c) Each district school board shall establish school bus stops, or provide by district school board rule for the establishment of school bus stops, as necessary at the most reasonably safe locations available. Where unusual traffic hazards exist at school bus stops on roads maintained by the state outside of municipalities, the Department of Transportation, in concurrence and cooperation with and upon request of the district school board, shall place signs at such bus stops warning motorists of the location of the stops.

    So state law establishes the existence of school bus stops in law without actually defining them. Signs are required only if unusual traffic hazards exist on state-maintained roads outside of municipalities.

    Again, it comes back to the 'I didn't know' defense. And again, there are plenty of examples of people getting jammed up on weapons charges, and that defense didn't work out so well.
    Most stereotypes come from how you treated the last person who didn't know you.

  8. #17
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    Quote Originally Posted by FLShutterbug View Post
    I just visited their website and did not find anything showing they are still active. The last Legislation they were alerting about was from 2017. Their last Accomplishments was listed from 2016. While website updates may or may not reflect reality, it is just too easy to maintain a website's entries as current to not do so. While I can see joining their organization to help the cause, joining an organization that is effectively defunct but may still be collecting membership (I do not at this time know if that is the case!!) is not something I want to do. I will seek to contact them and do some information fishing to see if they are still viable.
    They are still active.

    The website lists mailing addresses, email, phone numbers, and even a join button that can be used to contact them.
    FLShutterbug likes this.

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  9. #18
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    I would ask, I wouldn't say a thing, and I wouldn't question it. Just let it go. Nothing good will come out of trying to make sense of some crazy law. I go past schools multiple times a week in my journeys, all the while I am CC-ing. I have absolutely zero intent on modifying my routines.
    MO
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  10. #19
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    Quote Originally Posted by RScottie View Post
    They are still active.

    The website lists mailing addresses, email, phone numbers, and even a join button that can be used to contact them.
    I noticed that and I used the "Contact Us" to send them a message. Depending upon what I receive reply wise will depend upon whether I decide to join or not. Depending upon whomever their head honcho is and how honest he/she is, they might just process a membership Join submittal with the organization not being active.

  11. #20
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    Driving past a school or through a school zone while carrying is one thing. Walking out of one's house to load firearms and ammunition into one's vehicle when a school bus happens to be picking up/dropping off students across your driveway is quite different. Normally I make it a definite point to make sure "the coast is clear" before carrying firearms and/or ammunition out of the house but I'd greatly prefer to keep myself out of legal hot water...

 

 
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