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Federal vs State School Zone Laws

Having a firearm in a school zone is a complex and confusing issue because both Federal and State law apply. Let us first look at the restrictions under Federal Law. The Gun-Free School Zones Act prohibits an individual from possessing a firearm within 1000 of a school. However, there are several exceptions to this prohibition. The three most common exceptions are

You have an unloaded firearm that is locked in a container or locked in a rack in your vehicle
You possess a Concealed Carry license from the State in which the school is in. So under federal law, a Florida CWFL holder would be allowed to possess a firearm within 1000 feet of a school located in Florida, but if that CWFL holder travels to Texas he or she would not be allowed to be within 1000 feet of a Texas School.
You are on private property, for example, your house is located within 1000 feet of a school.

Florida’s state law is different than Federal law. Under Florida law, an individual cannot possess a firearm on any school property, school bus stop or at school-sponsored events at any time, regardless if the school is in session or out. An individual can possess a firearm in his vehicle so long as it is securely encased or not readily accessible. However, this exception can vary among the different school districts as school districts have the authority to keep an individual from having a securely encased firearm in a vehicle under certain conditions. In order for this prohibition to be valid, the school district must have a written and published policy regarding securely encased firearms in a vehicle. If a person has a CWFL and they violate this law they can only be charged with a second-degree misdemeanor as opposed to a person who does not have a CWFL who would be committing a third-degree felony.

Firearms in School Zones in Florida

In this video, Attorney James Phillips explains what you need to know about firearms in school zones in Florida. If you have any specific questions, please feel free to reach out by submitting your question for us to answer with the form on the right or contact our firm to discuss your issue.

The possession of a firearm on school grounds is generally illegal, with few exceptions, under Florida law. Florida Statute 790.06 contains several subsections that explicitly prohibit the carrying and possession of firearms on school grounds. Firearms are not allowed at any school or college athletic event not related to firearms. Florida law broadens this prohibition by applying it to all school-sponsored events and school property. A person may not possess a firearm or other weapon at a school-sponsored event or on the property of any school, school bus, or school bus stop, subject to a few exceptions found in Florida Statutes 790.115. This includes the possession of a firearm on the grounds of any elementary or secondary school facility or administration building or career center. Florida does not allow for the concealed or open carry of firearms on university or college campuses. However, if an individual is a registered student, employee, or faculty member of the college or university, they may carry a stun gun or non-lethal electric weapon or device designed solely for defensive purposes if it does not fire a dart or projectile.

As mentioned, a person may carry under one of the few exceptions laid out in Section 790.115. A firearm can be carried in a case to a firearms program, class, or function that has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms can be carried, or carried in a case to a career center having a firearms training range. Note there is an exception for school parking lots—concealed firearms can be carried without a license in a vehicle under Florida law as long as the person is 18 or older and the firearm is securely encased or otherwise not readily accessible for immediate use. This extends to the carrying of a firearm in a person’s vehicle on the grounds of a school or at a school activity.

However, school districts are free to adopt written and published policies that waive this exception for the purpose of student and campus parking privileges. That’s found in Florida Statutes 790.115(3). This means that while firearms in vehicles on school parking lots are legal under state law, an individual school may have a policy that makes it illegal to have one on the parking lot. Further, even in a parking lot of a school that does not have a policy prohibiting firearms on the property, firearms still may not be taken out of the vehicle or into a school building.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida. There, he gained invaluable experience analyzing how...
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