F.S. 790.06(12)(a)(9) – Carrying a Firearm at a School

With few exceptions, possession of a firearm on school grounds in Fort Lauderdale, Florida is illegal. One must be specifically authorized to do so, typically in an official capacity like law enforcement or a teacher who has completed rigorous training through the school's guardian program. Otherwise, F.S. 790.06(12)(a)(9) holds that even if you have or qualify for a concealed carry license in the State of Florida, you still are not allowed to openly carry a handgun or concealed firearm into any school building or function, any college or any professional athletic event not related to firearms. 

Other provisions in that same statute go on to specify that this prohibition on firearms in schools also extends to: 

• Elementary or secondary school facility or administration building. So this would include school football fields, playgrounds, superintendent offices, parking lots, school buses, etc.
• Any college or university facility. (Exception would be if it’s a non-lethal stun gun or non-electric weapon or other device designed solely for protection OR the individual is a student, staffer or lawful invitee AND the gun is kept in a locked vehicle). 
• Any career center. These are offices dedicated to helping people find jobs and develop professional skills. They’re often a part of a school, college or nonprofit, but can also be independent businesses and government agencies. 

Florida schools are basically considered gun-free zones. That includes both public and private schools, and encompasses the possession of a firearm or any weapon at a school-sponsored event, any school property, school bus or even school bus stop. Even if you are lawfully allowed to carry a concealed firearm according to state law, open carry is pretty much never allowed (unless you’re in law enforcement).  

To knowingly and willfully violate this provision of Florida gun laws is to commit a second-degree misdemeanor, which is punishable by up to 60 days in prison and a $500 fine. 

It’s worth noting that Florida lawmakers approved a bill in 2019 that allows classroom teachers to be armed with a loaded firearm as part of the guardian program, provided that they pass a 144-hour training program. Participation in it is up to individual school districts. 

A teacher who is not in one of those districts and/or who is not enrolled in the program could potentially still face criminal charges under F.S. 790.06 for unlawfully bringing a gun to a school. However, they would be allowed to keep it locked inside their secured vehicle. Broward County is not among those school districts that participate in the Guardian program to arm teachers. 

Per F.S. 790.115, one could carry a firearm in a secure case to a firearms program, class or function that received prior approval from a principal or administrative officer. 

If you’re a parent or guardian and you have a firearm in your vehicle during pickup and drop off, you’ll be in the clear legally, per F.S. 790.25(5), so long as you’re over 18 and the firearm is securely encased or otherwise not readily accessible for immediate use. 

Although violation F.S. 790.06(12) is a second-degree misdemeanor, there are a number of ways that bringing a firearm to school or a school-adjacent facility or function could quickly result in much more serious criminal charges. 

Some of the more serious offenses involving possession of a firearm at school: 

• Exhibition or possession of a firearm or other weapon in front of one or more other people in a manner that is rude, careless, angry, or threatening (not in lawful self-defense) at a school or during school-sanctioned activities is a third-degree felony, punishable by up to three years in prison, per F.S. 790.115(1). 
• Unlawful discharge of a firearm on school property is a second-degree felony, punishable by a maximum sentence of 15 years in prison. 
• Being ineligible to possess a concealed firearm and doing so within 1,000 feet of a gun-free school zone is a federal crime that is punishable by up to 5 years in prison.
• Leaving a loaded firearm in reach of a child, per F.S. 784.05(3), isn’t specific to school grounds, but it’s one that could arise in schools attended by minors under age 16. We see it sometimes when a child gains access to an unsecured gun at home and brings it to school. This is considered culpable negligence by the adult, and is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. 

Minors under 18 may have their cases handled in the juvenile justice system, but they might also be charged as adults, often depending on their prior history and the severity of the alleged crime. 

The criminal defense lawyers at The Ansara Law Firm successfully represent both adults and minors charged with gun-related offenses in Fort Lauderdale, Florida.

Contact the experienced Fort Lauderdale criminal defense lawyers at The Ansara Law Firm, by calling (954) 761-4011 or toll-free at (954) 761-4011.