Skip to comments.Court rules Fla. universities can't regulate guns
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 ...
oh my I’m opening a new business to sell duct tape to liberals. to keep their heads from exploding
Florida - the Gunshine State and proud of it.
Here in Florida we are getting closer and closer to “Constitutional Carry”.
That would be nice!
“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.
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!
it’s how the libs respond to climate change
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.
That’s a freakin’ AWESOME takedown! Damn!
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.
Sounds like Thrasher needs to be thrashed in the next election.
That move was in the Ironman2 movie. And it was a wee female taking down a big guy ...
> 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.
The guy intentionally pulls her up with his right arm. Fantasy and movie indeed.
Off-shoot of a nice Ice dancing move probably.
You’re too late!
ah well, thats not something I can be too sad about as long as I don’t have to clean up.
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.
takedown is so fast I cannot tell if the girl or guy won.
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.
I had a date do that once. It is a different experience when you are both naked.
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.