Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court rules Fla. universities can't regulate guns
Tampa Tribune ^ | Dec 10 2013 | GARY FINEOUT Associated Press

Posted on 12/11/2013 6:30:12 PM PST by dontreadthis

TALLAHASSEE, Fla. (AP) -- State universities would be blocked from regulating guns on campus under a potentially far-reaching ruling handed down Tuesday by a Florida appeals court.

The 1st District Court of Appeal - in a rare opinion decided by the entire appeals court - sided with a University of North Florida student and a gun rights group that challenged a university rule banning students on campus from storing guns in their cars.

In a lengthy decision that prompted a strong dissent as well as multiple concurring opinions, the appeals court ruled that the Florida Legislature has pre-empted the regulation of guns by local governments and state agencies.

The court decided the state's 12 public universities are covered by this 2011 law. The ruling notes that while universities have the power to restrict lawful conduct - like drinking or smoking on campus - that power does not extend to regulating guns.

"Restricting recreational activities is a far cry from restricting a fundamental, constitutional right to keep and bear arms for self-defense," wrote Judge Clay Roberts whose opinion was supported by the majority of the 15 judges who serve in the court.

Eric Friday, the attorney representing student Alexandria Lainez and Florida Carry Inc., said the court had properly considered "the facts of this case" and came to the right conclusion.

"The university does not have the right to pass rules and regulations about who may have firearms," Friday said.

A spokeswoman for UNF said the university was reviewing the case and had not yet decided whether to appeal the ruling.

Judge Philip Padovano wrote a stinging dissent, noting that voters approved a constitutional amendment creating the current stand-alone state university system and giving it powers different from other agencies.

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Florida
KEYWORDS: banglist; fl; florida; rkba
Florida!
1 posted on 12/11/2013 6:30:12 PM PST by dontreadthis
[ Post Reply | Private Reply | View Replies]

To: dontreadthis

oh my I’m opening a new business to sell duct tape to liberals. to keep their heads from exploding


2 posted on 12/11/2013 6:37:22 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dontreadthis

Florida - the Gunshine State and proud of it.

Here in Florida we are getting closer and closer to “Constitutional Carry”.


3 posted on 12/11/2013 6:37:42 PM PST by GladesGuru (Islam Delenda Est - Because of what Islam is and because of what Muslims do.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GladesGuru

That would be nice!


4 posted on 12/11/2013 6:40:40 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
[ Post Reply | Private Reply | To 3 | View Replies]

To: GladesGuru

“Judge Philip Padovano wrote a stinging dissent, noting that voters approved a constitutional amendment creating the current stand-alone state university system and giving it powers different from other agencies.”

Thin ice there, Judgie Poo.

The citizens also voted in Florida Constitution Amendments to regulate pig pens and an amendment giving the Game commission the right to create and enforce laws, laws with state wide authority!

Separation of Powers by damned!

Indeed, the “Possum Police” drive new trucks with “Statewide Law Enforcement” plastered on them..

Stand by for changes with them, too.

;-)


5 posted on 12/11/2013 6:44:32 PM PST by GladesGuru (Islam Delenda Est - Because of what Islam is and because of what Muslims do.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: dontreadthis
We don't need guns.....everyone simply needs to learn this!


6 posted on 12/11/2013 6:48:00 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dontreadthis

In light of the Trayvon Martin (registered TradeMark) verdict and the stand your ground laws, I was hoping that the boycott of FLA Stevie Wonder and others were calling for would take hold. There’s more snowbirds than ever down here!


7 posted on 12/11/2013 6:48:22 PM PST by Impala64ssa (You call me an islamophobe like it's a bad thing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Impala64ssa

it’s how the libs respond to climate change


8 posted on 12/11/2013 6:49:50 PM PST by dontreadthis
[ Post Reply | Private Reply | To 7 | View Replies]

To: GladesGuru

Florida has made a lot of progress and still has a ways to go.

It wasn’t that long ago that the gun laws were pretty strict even if they were often not enforced. My Sunday School teacher, was a Florida State Trooper (Highway Patrol at the time). He told me that he and other troopers he had discussed it with, would not harass gun owners.

He said if they were transporting a gun illegally but were otherwise not causing a problem, they would simply tell them the correct manner to carry the gun. They would then send them on their way.

When I was young, Florida Highway Patrolmen were a pretty elite group. From what I have seen in the news etc. they are still OK but may have dropped off a little.


9 posted on 12/11/2013 6:50:45 PM PST by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Red in Blue PA

That’s a freakin’ AWESOME takedown! Damn!


10 posted on 12/11/2013 6:59:13 PM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: dontreadthis

FTA:””... If universities can regulate away a Second Amendment right, why not a First Amendment one?”

They’ve been doing just that, political correctness, speech codes, sensitivity training, etc. Another reason this ruling is an important step in the right direction.


11 posted on 12/11/2013 6:59:24 PM PST by Impala64ssa (You call me an islamophobe like it's a bad thing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dontreadthis

Sounds like Thrasher needs to be thrashed in the next election.


12 posted on 12/11/2013 7:03:54 PM PST by Mastador1 (I'll take a bad dog over a good politician any day!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: clee1

That move was in the Ironman2 movie. And it was a wee female taking down a big guy ...


13 posted on 12/11/2013 7:05:53 PM PST by MHGinTN (Being deceived can be cured.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: dontreadthis; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ...

> Judge Philip Padovano wrote a stinging dissent, noting that voters approved a constitutional amendment creating the current stand-alone state university system and giving it powers different from other agencies.

Unfit for the bench.


14 posted on 12/11/2013 7:11:47 PM PST by SunkenCiv (http://www.freerepublic.com/~mestamachine/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MHGinTN

The guy intentionally pulls her up with his right arm. Fantasy and movie indeed.


15 posted on 12/11/2013 7:16:51 PM PST by Red Steel
[ Post Reply | Private Reply | To 13 | View Replies]

To: Red Steel

Off-shoot of a nice Ice dancing move probably.


16 posted on 12/11/2013 7:30:22 PM PST by MHGinTN (Being deceived can be cured.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: driftdiver

You’re too late!


17 posted on 12/11/2013 7:54:06 PM PST by meatloaf
[ Post Reply | Private Reply | To 2 | View Replies]

To: meatloaf

ah well, thats not something I can be too sad about as long as I don’t have to clean up.


18 posted on 12/11/2013 7:58:41 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Red in Blue PA

When I was around 12 I remembmer seeing a werestler named Dick Dunne do that same move on another wrestler something like five times in a row.

Of course I knew the other wrestler was helping.


19 posted on 12/11/2013 8:18:52 PM PST by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
[ Post Reply | Private Reply | To 6 | View Replies]

To: clee1

takedown is so fast I cannot tell if the girl or guy won.


20 posted on 12/11/2013 11:16:28 PM PST by goat granny
[ Post Reply | Private Reply | To 10 | View Replies]

To: dontreadthis; harpseal; TexasCowboy; nunya bidness; blackie; AAABEST; Travis McGee; Squantos; ...
RKBA/Florida double-ping!

Florida Freeper

Click the Gadsden flag for pro-gun resources!

21 posted on 12/12/2013 5:40:15 AM PST by Joe Brower (The "American People" are no longer capable of self-governance.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Steel

Thank you.


22 posted on 12/12/2013 5:51:18 AM PST by OKSooner ("Like, cosmic, man.")
[ Post Reply | Private Reply | To 15 | View Replies]

To: Red Steel

Good eye.


23 posted on 12/12/2013 7:02:46 AM PST by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 15 | View Replies]

To: yarddog
When I was young, Florida Highway Patrolmen were a pretty elite group. From what I have seen in the news etc. they are still OK but may have dropped off a little.

Oh yeah, definitely. I remember when they used to wear the stetson hats and the requirements to join were MALE, 6' tall and a minimum of 185 pounds. They were issued M16's and leg irons for multiple prisoners. In all those little po-dunk towns in the center of the state, too small to even incorporate the trooper's word was LAW. They might have to break up a bar fight in the middle of the swamp and do it alone. The nearest backup might be a couple of hours away, maybe. They also used to carry 357 magnums instead of the current issue Beretta M92's. At least I think that's the issue weapon now. They might be Beretta 40's.

24 posted on 12/12/2013 7:24:01 AM PST by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Red in Blue PA

I had a date do that once. It is a different experience when you are both naked.


25 posted on 12/12/2013 9:36:44 AM PST by School of Rational Thought
[ Post Reply | Private Reply | To 6 | View Replies]

To: ExSoldier

I can remember back in the 50s having a Florida Highway Patrolman stop and give this 7 year old a ride home. I was walking home from school.

I think each of my brothers and sisters had the same thing happen. Actually once one picked up me and my older brother and gave us a ride home. Joe kept asking him questions about what authority he had. The patrolman patiently answered every question.


26 posted on 12/12/2013 1:39:05 PM PST by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
[ Post Reply | Private Reply | To 24 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson