On campus carry -- SB 68

Well -- campus carry didn't make it.  It really didn't matter,  as the wording killed it, anyway.    That's because it is in direct conflict with Florida Statute 790.115 -- which is  the controlling statute, and would still prevent campus carry, even if SB 68 passed.  Moreover,  the bill failed to extend carry to adult education, career centers, vocational schools -- all places that are primarily for adults, usually in not so great areas of town, and often held in the dead of night as they are often for folks who work at day jobs, and go to school evenings.  They need to be included!  In fact,  they need it more than ordinary college students in most cases.  Likewise, the bill inadvertently takes away the right of college students, faculty, and employees to carry a nonlethal stun gun.  (actually -- that should right should be expanded to include self defense pepper sprays and Taser type weapons -- all nonlethal, and very much needed for non-CWL individuals).   So -- I sent a fax to the sponsor of the bill while it was pending,  Senator Evers -- with a very easy fix -- (not that I ever get a response), and here's a copy of the letter text:

SB 68 – CAMPUS CARRY – UNINTENDED PROBLEMS & A CURE:

The purpose of SB 68 is to allow CWL holders to carry firearms or other weapons on college and university campus for self protection.  However,  as pointed out in both the Education and Criminal Justice Committee reports, the language of the bill will conflict with the specific wording of F.S. 790.115, which makes it a crime to possess any firearm or weapon “on the property” of any “school”.  The definition of a “school” includes post secondary education and career centers – hence it includes trade schools, career center, colleges, and universities.  Since this statute is specific, and there is no language in the current bill to overcome it, SB 68 will fail to accomplish anything except a long period of litigation in the courts, and the unfortunate arrests of citizens caught between the two laws.  Likewise, assuming that an appellate court eventually does find that the bill supercedes the prohibitions in F.S. 790.115, the bill as currently written would allow both “open” and “concealed” carry by a CWL holder, rather than just “concealed carry” as the current committee reports specify – as neither report took into account the fact that the “open carry” bill is likely to pass the Legislature this year.  And finally, the bill inadvertently wipes out the current right of all university and college students, faculty, and employees to carry a nonlethal stun gun.

The Easy Way to Fix it:

However, there is a very easy way to fix the problem, and accomplish the legislative goal by leaving the current wording of subsection, but add the following:   “except that a holder of a valid Concealed Weapons License may carry a firearm or other weapon on the property of any college or university concealed”.  Thus, the amended wording would be:

790.06 License to carry concealed weapon or firearm. –

(12)(a) A license issued under this section does not authorize any person to  openly carry a handgun or carry a concealed weapon or firearm into:

m. Any college or university facilityunless 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; “except that a holder of a valid Concealed Weapons License may carry a firearm or other weapon on the property of any college or university concealed.”

Additionally, the wording could be changed to also exclude career centers, adult education, and vocational schools from any prohibition.  If there were an issue with such being housed within an elementary or secondary school – then the language would be: “ except that a holder of a valid Concealed Weapons License may carry a firearm or other weapon on the property of any college or university, and upon the property of any vocational school, adult education, or career center in a concealed manner unless such was on the property of an elementary or secondary school.”  If this last choice is made – then sub-subsection (11) “any career center” would have to be deleted.