Can an off duty officer carry on school grounds? Updated.

I had an interesting question from a police officer asking whether an off duty law enforcement officer can carry on school grounds.  Here's my short answer:

While Florida law would allow it pursuant to FS 790.115 because it does not differentiate between an off duty or on duty officer -- still -- federal law would only permit carry:

"by a law enforcement officer acting in his or her official capacity" -- 18 USC 922(q).  So, unless you're on duty,  -- you're out of luck from a federal perspective.  Certainly,  an off duty officer who finds him or herself in a situation where they need to act in their official capacity (and the agency allows it) -- that would qualify.  But just being off duty in civilian clothes wouldn't do it according to the federal statute.  While you mentioned you heard of a federal case that said it was OK -- I would need more info to see if that actually exists, or if the facts were state or agency specific.  Plus, federal cases are circuit specific -- so a case in one circuit might not apply to another -- and a district court case would be even more limited.

However . . .   want a legal way around this stupid federal law?   

Get a Florida Concealed Weapons License!

Yeah . . .  for a law enforcement officer it's as easy as that, because another part of the same section of the federal statute exempts a CWL holder from federal school zone laws!   Thus,  since 790.115 exempts any law enforcement officer, whether on duty or not -- with a valid CWL -- you're likewise exempted from the federal law.

If that's important to you -- pass it on.  Of course,  make sure you are still not in violation of any of your department's regs.   That would be a different kind of trouble.