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Escambia School Board Considers Rule To Make It Illegal To Have A Gun In A Vehicle On A Campus
March 16, 2022
The Escambia County School Board is considering an emergency rule that will make it illegal to have a weapon in a vehicle on a school campus.
Right now, Florida law says it’s technically legal for anyone 18 or older to have a lawfully concealed firearm in their vehicle.
The school district currently has rules against a weapon in a vehicle on a campus, but a violation only leads to school disciplinary action. Without a waiver in place, as mentioned in the statute above, law enforcement does not have the ability to make an arrest for breaking the law.
Next week, the Escambia County School Board will consider an emergency rule to waive the exception, making it illegal for anyone to have a firearm or other weapon in their vehicle. If approved at their Tuesday meeting, the emergency rule will be in place for up to 90 days while the district works on a permanent rule following a formal rulemaking and advertising process. (The complete rule, as proposed, is below.)
The school board is taking action after a rifle was found inside a vehicle on the Tate High School campus last month.
An AR-15 rifle along with four magazines and 34 rounds of ammunition were found February 15 inside an 18-year old student’s truck while it was parked on campus, and the student was suspended. The Escambia County Sheriff’s Office said it was determined in consultation with the State Attorney’s Office that no law was broken because the school district had not ever approved a waiver like the emergency rule currently under consideration.
The student and a 16-year old were later charged with felony grand theft of a firearm after the weapon was reported as stolen.
Proposed Emergency Rule:
NorthEscambia.com photos.
Comments
43 Responses to “Escambia School Board Considers Rule To Make It Illegal To Have A Gun In A Vehicle On A Campus”
Bob and the rest of you saying you support the 2nd Amendment BUT (insert anti-2nd Amendment comment here). You obviously do not support the 2nd Amendment. This is another attack on our(yes all of us) rights. Not just the 2nd, but the entire Bill of Rights. Parents are being labeled and put on a federal list as terrorist for speaking out(1st Amendment). What is next? Forced vaccination, oh yeah already being done. School officials taking children to planned parenthood for birth control or even abortions, oh yeah that’s being done as well. Make this “law” specific towards children at the school if you are all that scared of guns. But do not blanket this on all law abiding citizens, especially those who have CCWs. This is another step into rights being taken away through “legislation”.
Dr. Smith, I have read the proposed emergency ruling and as a Vietnam Veteran and a constitutionist I must disagree with this proposal as written. First the law passed after the Parkland shooting not only prohibits most individuals under 21 to buy a weapon but it also prohibits these same individuals from possessing /transporting in a vehicle, a gun loaded or unloaded except for certain exceptions(school property isn’t one of them unless they are having a shooting competition).
School Employees/ parents legally allowed to possess a firearm should not be restricted from school property as long as it remains inside their vehicle!!
You never know what your need for self defense is when you return home from work or maybe a late sports event like football game!!
I understand changes are being made to this emergency ruling… I hope you consider my aforementioned concerns.
I carry my legal gun in my car 100% of the time. But now am I required to go home, or somewhere to drop my gun, then go pick up my grandchild from school? Is that what this means?
Law enforcement should have guns. Students should not be allowed to have guns at school. If the 2nd amendment means that much to you then home school your kid and have all the guns you need there. Public schools are on school board property which is government property. Go to any military base, court house, prison, jail, airport, etc and tell them about illegal search and seizure or your concealed weapon permit. Don’t like the rule then don’t go to the school or park across the street.
@Bob
Couple of things. It’s great you are a firearms owner and support the second amendment. But as a supporter of the second amendment I find it odd you are for the erosion of said right by the School Board. If an adult is a legal concealed weapons permit owner then there should be no reason they shouldn’t be able to exercise that right. I don’t think firearms need to be in a students vehicle or possession on school grounds, but I should be able to have mine if I’m picking up my granddaughter from school.
Another thing, I fully support your comment about providing more mental health resources as I have said for years it’s a person problem not a firearm problem.
Lastly you said reduce the proliferation of unlicensed firearms. I own multiple firearms and none are licensed. The state of Florida nor Escambia county require you to register/license a firearm. The federal paperwork filled out when purchasing a firearm from an FFL dealer is supposed to be destroyed after clearing your background check.
I served our country as many of my family has and not a one of us served to have our rights taken away or eroded.
As a retired middle school teacher from Escambia County, my personal preference would be to not allow any weapons on campus..with exception for the school resource officer..use to have fist fights to settle an argument.. but our youth has been overexposed by media( movies,tv,videos, music,etc.) with gun violence that they seem to accept it as a way of life…my role as a teacher is to educate..not to frisk and be a patrol person to every student who enters my class.
Since you voted to appoint the superintendent, instead of voting them in, they only have to keep a few people happy not the voting public!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The US has the highest rate of school shootings in the world. So y’all’s solution is… making it easier for kids on school campuses to get access to guns?
Look, I own a firearm. I support the second amendment and believe anyone who demonstrates that they are able to safely and responsibly operate a firearm should have the right to own one. I have absolutely no reason to bring a gun onto a school campus.
If you really believe the risk of school shootings is so high that you need to arm your kids or bring your handgun to your kids school, maybe it’s time we have a serious discussion about the root causes of school shootings and talk about providing mental health resources and reducing the proliferation of unlicensed firearms.
This may be a small compromise but what if the Escambia County School Board made the emergency waiver apply to only students(under 21). Make it for all students that are attending the school during regular school hours and summer school. That would also include all students attending after school curriculum that takes place on school property, and all events off campus that are deemed school related functions. (Ex: field trips, sporting games, and etc..)
For everyone that is not a felon. They should be allowed to have their firearm in their vehicle. As long as you lawfully possess the firearm.
I can’t help but to think of all the nonsense and legal issues that the law abiding citizen(s) may face if this “emergency waiver” is passed.
Just a thought!
Yesterday I posted the School board Superintendent’s email and encourage y’all to write him as I did. Here is the response I got from him yesterday…
Mr. XXX,
Thank you for your service to our country. It is greatly appreciated. You have shared an important concern as we navigate the complexity of the law in its application to our district. A goal is to implement an emergency order which gives us 90 days to work on carefully crafting sound policy. The issue you raised will be an important item for us to speak about as we work on a formal policy.
Thank you,
Tim Smith, Ed.D.
Superintendent
Escambia County School District
I’ve sent a link to this over to Florida Carry for review. This will harm my ability to act as a backup for my relative students if need may arise.
School Boards are School Boards. They probably don’t care about the niceties of the Constitution, the 2A. I am not holding my breath on this one. Pols tend to reflexively trammel freedoms in the name of public safety. Good people with lawfully possessed weapons are not the problem yet pols would have them disarmed. This proposal makes no sense. Laws mostly give law enforcement and the judiciary the guidelines for post crime janitorial work anyway. And in this case would seek to make criminals out of the good guys. Stop the madness.
REGARDING:
“Isn’t it interesting how the U.S. now closely resembles the former U.S.S.R. and the present Chinese Communist Party”
It’s interesting that anyone thinks so.
I have noticed a number of differences, though.
Unconstitutional, plain and simple. Illegal search and seizure going to let you go into cars on campus? Have fun being sued school board. Kevin Adams, you should know better. violates God-given rights, lawfully protected by the Bill of Rights.
The proposed “emergency” rule allows a county school board to expand conditions on your exercise of Constitutionally protected rights.
Section 4(C.) establishes “official school board business, on or off school board property” as events limiting the Constitution.
Section 4(A.) protects certain officials from infringement of their rights.
Section 4(B.) allows school board members to decide where Constitutionally protected rights may be limited.
Section 4 proscribes penalties for disobedience or non-compliance.
Florida law allows school boards to bar guns from vehicles parked on campus already. This is what the waiver in section 4 of the proposed rule does. Reaction to this gun incident could have stopped there, but this “emergency” rule goes much further. Remember the “official school board business, on or off school board property” part? Who doubts that official business is what officials say it is? If this rule becomes law, county officials will have arrogated unto themselves authority to restrict where, when and by whom certain rights may be exercised. Disobey and be “subject to arrest”. You may have charges dropped on appeal if you can afford the fight, but not before you’ve been wiped out. I think this is about power. Obey in our house, and check your “rights” at the door. Is this stolen gun incident really an emergency, or a crisis that must not go to waste?
i have a permit. i carry concealed. i live in America. make all the silly rules you want. check out the 2nd amendment.
Do what I did…
Write an email to Dr. Smith the Escambia County Florida School board superintendent.
mailto:tsmith@ecsdfl.us
Let him know that this rule infringes not only our 2nd amendment rights but also the rights of every legal concealed carry permit holder.
I didn’t serve this nation for most of my young life to watch my rights get eroded!
Upset retired Navy veteran
Therefore, if a parent comes to the school and leaves thier Concealed Carry weapon in the car while they come in the school this would be illegal. So you are going to deny the individual their rights to protect themselves when they leave the school grounds. Get ready for this to be challenged.
I agree with all the previous comments that this proposed rule will only punish law abiding citizens. It certainly doesn’t consider rural residents. In the winter months, if you pick up a student from an after-school practice or activity, it may already be dark. Your car breaks down on your way to the school. Houses are few and far between.
You are alone, at night, without your weapon because you can’t drive onto the school campus with it in your car. This is ridiculous.
@we the people—–Get over yourself,,, blaming all of your problems on Biden is weak and ignorant.
I remember students and faculty transporting firearms in POVs, for hunting after the school day ended.
What changed from 1976 to 2022? These are the things that no one wishes to examine and discuss.
The question is; Would such a law have made any difference in the case cited? This young man was breaking a multitude of laws already and would not have been concerned about breaking one more.
So this really doesn’t come down to saftey any rational minded person know what laws and rules don’t stop people who break the law. This only stops law abiding citizens the teens involved stole the AR-15 wasnt leaglly obtained and for you liberals and non gun people AR-15 is not an assault rifle it doesn’t stand for assault rifle it stands for Armalite Rifle 15 as armalite was the first to make AR rifles. Anyways they do this cause of the 2% of the population that cries about every little thing we don’t need more gun control or laws to stop guns from coming to certain places we need more mental health help and addressing issues at school before students cause harm when a kid is bullied don’t just shrug it off. Teach gun saftey at school you don’t have to have a gun at school to teach kids and teenagers how to safely be around one and what not to do. My kids know that you don’t use a gun unless absolutely needed and that you always treat a gun as if it’s loaded. Also keep weapons and ammo locked up in your car or at home. More common sense and less gun control is all we need.
Gun laws only affect law abiding citizens. In case you haven’t noticed criminals don’t care about the law.
So, it’s getting so BAD that the GOOD people can’t carry their legal weapon? Then, only the criminals will have guns. Think about that. It’s simple enough to understand. It’s pure BS and just another way for our rights to be taken away. It figures the School Board would think of something ridiculous like this.
Wake up people!
Our Constitutionally protected rights are being continuously attacked. This is not the Country we “seasoned” citizens remember growing up in. Instead of holding miscreants accountable for their actions punish everyone is the current day thinking.
The Liberal Progressives are ruining our great Country and their leaning toward socialism is going to be our peril.
Stay “locked and loaded”
Carry on Citizens!
Since this is in reaction to the kid who stashed a stolen gun in a vehicle that was later used to get to campus, but was not used to threaten anyone, why not just make it illegal to bring stolen property on campus? Makes about as much sense.
Access to guns by good people should not be infringed upon.
Those that cause problems or cause a threat to others should not have guns around them. Its pretty simple when you say it.
But the problem comes when criminals dont care what law you make. They just do what they want.
Good people that have a gun in their vehicle for a legitimate reason (hunting, or going to the range, or traveling out of town and need the protection, should not be hassled or bothered.
It starts with identifying the PROBLEM PEOPLE and dealing with them. You dont write everyone a ticket when only one person was speeding. Same here, find the bad people and fix them.
What about concealed permits? What about my 2nd amendment rights? What about my right to protect myself?
I know I’ll be shouted down, but I still think every adult of legal age and mental ability (exepting those who can’t carry by law) be armed at all times.
It will never work, I don’t believe there isn’t a Law Enforcement officer that infringe on the Second Amendment like that would want.
I am Glad i still have a vote for anyone who takes away the Conceal carry rights. AND I will vote against them!
It is a people problem, NOT a gun problem. Heck, you could walk through our high school parking lot on a Friday and see lots of trucks with gun racks filled! Friday after school hunts used to put food on the table!
Isn’t it interesting how the U.S. now closely resembles the former U.S.S.R. and the present Chinese Communist Party (CCP) ?
This kid had a stolen gun. A policy by the school district is not goi g to make him suddenly become a law aboding citizen. What it will do is infringe on the rights of everyone else who does follow the law.
Law enforcement and school officials appear to have every resource and legal mechanism they need to maintain security on campus. Current policy prohibits firearms on campus already, and school officials can enforce it. Witness the police response reported in this and previous articles. Two people have been arrested and charged in connection with this incident. Current law and policy are working.
Adding yet another layer of rules, laws and punishments will serve to constrain only the law abiding, and likely produce undesirable consequences. If a young man or women has a lawfully owned firearm in their vehicle, will they become a convicted felon on the other side of a campus gate if they forget it? I think we all need to be more critical of “emergency rule making” these days.
THEY still looking to take all your RIGHTS !!
So as a deputy (off duty) at my sons ball game i CAN NOT CARRY!!!!!! since I do not work for the school board or there on duty.
What about peoples 2nd amendment rights?
Another attack on the second amendment by power hungry Biden loving liberals.
@bill
That is the way I interpret the text.
Bill. Yes, it will not matter if you have a conceal carry permit. It will be illegal to even go through a car rider line.
I thought that it was the law already, but this article really cleared it up for me. It is such a shame that so many feel yhst everything has yo settled with the use of deadly force. I graduated from Tate i ‘61. If two guys had a problem with each other it was settled with fists. The girls had their hair pulling and screaming sctatching bouts. The guys loved that.
Meanwhile Wisconsin is lowering the age for conceal carry from 21 to 18 so some students can be armed at school. How crazy is that?
If I have a concealed permit for my protection and I drop off my child at school, will this RULE put me in violation.