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Gun-Free School Zones in Florida: Firearm Possession Laws and Penalties

Gun-Free School Zones in Florida: Firearm Possession Laws and Penalties

Florida has some of the most permissive gun laws in the United States, but there are still many restrictions on carrying firearms near schools. This article will explain the laws around gun-free school zones in Florida, including what penalties you may face for illegally possessing a firearm on or near school property.

What is Considered a Gun-Free School Zone in Florida?

Under Florida law, it is generally illegal to possess a firearm on school property, at school-sponsored events, or within 1,000 feet of any school – from preschools to universities

.Specifically, the law prohibits firearms:

• On the property of any K-12 school, including buildings, buses, and bus stops
• At school-sponsored events, even if not on school grounds
• Within 1,000 feet of any school, including universities and colleges

There are a few exceptions that allow firearms on school property, which I’ll explain later. But in general, these areas are considered “gun-free school zones” in Florida.

Penalties for Possessing a Firearm in a Florida School Zone

Carrying a firearm into a school zone is a felony under Florida law. If convicted, you face 5 years in prison and up to a $5,000 fine

.The penalties are harsher if you actually bring the firearm into a school building or discharge it within 1,000 feet of school grounds. That brings up to 15 years in prison and a $10,000 fine

.You can also face federal charges under the Gun-Free School Zones Act. That adds up to 5 years in federal prison and a federal fine

.So bottom line – don’t bring guns anywhere near Florida schools unless you have a valid exception!

Exceptions That Allow Guns in Florida School Zones

There are a few circumstances where you can legally possess a firearm in or near a Florida school

:

• Concealed carry permit: If you have a valid Florida concealed weapons permit, you can carry a concealed firearm within 1,000 feet of a school. But you still can’t bring it inside school buildings.
• Securely encased in a vehicle: You can keep a gun in your vehicle on school property if it’s encased and not readily accessible, like in a locked box. But you can’t take it out of the vehicle.
• Approved firearm training programs: Schools can authorize firearms as part of approved training programs, like ROTC or hunting safety courses. The gun must remain in a case until reaching the approved program location.
• Private property: The federal law doesn’t apply to private property, like your home. So if you live within 1,000 feet of a school, you can have firearms at home.
• More exceptions: There are more nuanced exceptions, like for unloaded firearms encased in a vehicle. Check the specific laws for full details
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Without a valid exception, don’t take any chances carrying a firearm near a Florida school. The consequences just aren’t worth it.

Changes to Florida’s Concealed Carry Laws in 2023

In 2023, Florida passed a new law allowing concealed carry without a permit for anyone over 21 (with some exceptions) 

.This led to questions about how it interacts with school zone laws. The short answer – it doesn’t change the school restrictions much.You still can’t carry concealed without a permit within 1,000 feet of a school. The new law didn’t override that federal restriction. And you still can’t bring concealed firearms into school buildings unless you have an exception like being in an approved training program.The one change is that now anyone 21 and over can keep a securely encased firearm in their vehicle on school property without needing a concealed carry permit. Before, you needed a permit for that.But otherwise, the new law did not loosen the rules on guns in school zones. Be sure to follow them carefully.

Real-Life Cases of Gun Possession in Florida School Zones

To understand how these laws are applied, let’s look at some real-life examples of arrests for carrying firearms in Florida school zones:

• In 2022, a father was arrested for having a handgun in his truck when he picked up his kids from a Broward County elementary school. Despite having a concealed carry permit, he was charged for possessing the gun within 1,000 feet of a school.
• A Florida woman was arrested in 2021 after officials found a handgun in her purse when she came to pick up her granddaughter from a Volusia County elementary school. She faced felony charges for possessing the gun on school property.
• In 2020, a 12-year-old Florida boy was arrested after accidentally firing a gun he brought to a Volusia County middle school in his backpack. He was charged with possession of a firearm on school property and other related charges.

These cases show that Florida authorities take the school zone firearm laws very seriously. Claims like “I didn’t mean to bring it” or “I have a permit” rarely get you off the hook.

Should the Gun-Free School Zone Act Be Changed?

The Gun-Free School Zones Act has been controversial since it passed in 1990. Some argue it infringes on 2nd Amendment rights and doesn’t effectively prevent school shootings.Groups like the NRA have lobbied for the law’s repeal or reform. They say it makes criminals out of law-abiding gun owners who make honest mistakes about boundaries. They also argue that concealed carry permit holders should be allowed to have guns to protect themselves and others.However, supporters say the law is necessary to keep schools safe from gun violence. They argue that reducing guns on campuses prevents accidental shootings, suicides, and potential mass shooting tragedies.Changing or repealing the law is unlikely with the current Congress. But the debate continues on whether “gun-free zones” at schools make kids safer or put them more at risk.

Responsible Gun Ownership Around Florida Schools

Responsible gun owners respect safety laws, even if they disagree with them. No matter your views on the Second Amendment, it’s critical to follow Florida’s rules prohibiting firearms on and near school campuses.The penalties are severe, and putting children in danger is never acceptable. We all want schools to be safe places for education.If you choose to own guns in Florida, be diligent about keeping them away from school zones. Get a concealed carry permit if you want to carry, and keep firearms securely encased in vehicles near schools.With care and caution, we can balance both school safety and gun rights in Florida. But it takes everyone working together and taking responsibility. The children are depending on us.

References

 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.115.html

 https://thefirearmfirm.com/gun-free-school-zones-in-florida/

 https://www.fdle.state.fl.us/FSAC/Crime-Data/Gun-Violence-in-Florida.aspx

 https://www.atf.gov/firearms/docs/guide/2022-national-firearms-act-handbook/download

 https://www.uslawshield.com/escalation-in-a-school-zone-florida/

 https://www.forbes.com/sites/alangassman/2023/04/07/sunshine-state-becomes-the-firearm-state-floridas-new-permitless-concealed-carry-law/?sh=24af405e796bhttps://www.nbcmiami.com/news/local/broward-dad-arrested-after-bringing-loaded-gun-to-elementary-school-pickup/2758142/https://www.clickorlando.com/news/local/2021/10/28/woman-arrested-after-bringing-gun-to-volusia-county-school-to-pick-up-child-sheriff-says/https://www.clickorlando.com/news/local/2020/12/18/12-year-old-boy-arrested-after-accidentally-shooting-gun-at-volusia-county-school-officials-say/https://www.usatoday.com/story/opinion/2020/01/30/gun-free-school-zones-act-joe-biden-column/4595522002/