Court rules Fla. universities can't regulate guns

Tampa Tribune ^ | Dec 10 2013 | GARY FINEOUT Associated Press

[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.

[Joe Brower]

RKBA/Florida double-ping!

Florida Freeper

[OKSooner]

Thank you.

[FreedomPoster]

Good eye.

[ExSoldier]

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.

[School of Rational Thought]

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

[yarddog]

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.