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Discussion Starter · #1 ·
230JHP posted the following in another thread in this area...
Florida (emphasis added)

790.115:
(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.

Finding what constitutes a bus stop is a little more difficult. Is a place where kids gather to get on the bus a bus stop before the bus gets there? How long before the bus or first kid gets there, how close to the place where the bus stop does the area extend, and for how long after the bus leaves? If I stop for gas at a convenience store and the school bus stops 20 yards away on the adjacent street, am I at a school bus stop? How about if I am walking down the sidewalk past a school bus that is loading or unloading kids -- does that put me carrying at a school bus stop?

I happen to live by an unposted school bus stop in Florida and I own firearms... My concern is wishing to remain legal. I have thought of contacting the Transportation
section of my local School Board to request that they move the school bus stop so it will no longer be in front of my neighbor's house. The school bus drivers do not always stop the bus at my neighbor's driveway, sometimes the bus is stopped across both driveways. I also am not overly pleased with the litter left by the school children in my or my neighbor's yard but I realize I cannot speak for my neighbor (who just happens to have two kids that ride the buses that stop in front of his or our houses).
 

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I have several routes of various mileage that I walk in the mornings, depending on how much time and energy I have on a particular day, but each route takes me along the sidewalk of our school and across an intersection manned by a crossing guard. Obviously the school busses disgorge their passengers nearby.

I have opted for "don't ask, don't tell" about the concealed weapon I always carry, but I admit to having wondered about the legality of it.
 

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Just don't say anything.

It's easier to ask forgiveness than permission.

Telling someone in authority about your situation has the potential to REALLY screw up your life.

All the Best,
D. White
 

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Just don't say anything.

It's easier to ask forgiveness than permission.

Telling someone in authority about your situation has the potential to REALLY screw up your life.

All the Best,
D. White
True, but it likely depends a lot on your location.

There are more than a few people who have been jammed up on bogus weapons possession charges, and 'I didn't know' didn't work so well.
 
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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.
 

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I wouldn't tell or make waves about what you have as it can go sideways quickly. Also, there is counter argument that the bus is next to your property and you have the right to have your firearm on it. You're not committing a crime on your property but by alerting them can cause the uninformed snowflakes to freakout. Someone might want to try a red flag law on you as they could say"kids aren't safe" with you there mowing the lawn or washing the car? ;):D
 

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Florida has been Republican controlled for many years now. Laws like this and other ...."bend over and take it up the rear" guns laws should have been done away with long ago! Thanks to the southern Fl RINOS that mostly are born and bred Floridians that somehow get screwed up when they go to northern universities and colleges for their degrees and get in to politics, Cuban American politicians (you chose from which local chapter of Cuban America mafia they are controlled by) ) and the ever popular Miami area Puerto Ricans, the bought and paid for so called Republican candidates elected time after time.....these laws will stay.
 

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I also was surprised by the statute ! When we go to Florida wintertime I will usually get the grandkids off on the school bus and upon returning wait and get them home they were elementary level and high school. I have always CCW at all these times,even though I am LEOSA I belive that makes no difference.All parents and guardians should be permitted to collect their children and be armed ! How the hell did Florida politicians get this passed and how long has it been on the code ?
 

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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/
 

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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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Discussion Starter · #12 ·
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.
 

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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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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).
 

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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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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.
 

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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.
 
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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.
 

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Discussion Starter · #19 ·
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.
 

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Discussion Starter · #20 ·
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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