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Campus Carry in Court

July 14th, 2015 by flanews

A bill allowing concealed weapons on college campuses here in Florida failed in the state legislature this past year, but as Matt Galka tells us, a court decision could expand where guns are allowed.

Campus gun-free zones could be changing pending a court ruling.  The first district court of appeal heard a case Tuesday morning from the University of Florida.  Pro-gun group Florida Carry says students have a right to possess firearms where they live, even if that’s in university housing.

“Well number one it’s not kids, it’s adults and all the other firearm use and possession laws that apply to them. These are people that you are with every day that have carry permits who you’re next to in the grocery store,” said Florida Carry attorney Lesley McKinney.

A circuit judge sided with the university last year in the case. UF says a student doesn’t have to live on campus if they want to keep a gun in their room.

“Florida carry appealed that decision and I cannot speak specifically to what was argued in court today, we’ll wait for the decision,” said spokeswoman Janine Sikes.

A bill that would have allowed guns on campuses throughout the state failed in the legislature earlier this year. Campus police from universities across the state, including UF, opposed the bill.

“It’s about the faculty who have expressed to me they will not feel safe,” said UF Police Chief Linda Stump-Kurnic in March.

But Florida Carry says the ban is unconstitutional.

“You can’t force someone to wave a constitutional right in order to gain a benefit of attending a public university. If that’s true, then university’s can require students to wave their fourth amendment rights and be subject to search at any time,” said lead counsel Eric Friday.

A ruling could set the stage for an expansion of where guns could be allowed on campuses state wide if the ruling goes Florida Carry’s way.

There’s no timetable on a potential ruling. It’s expected that the legislature will take up the bill allowing guns on campus in next year’s legislative session. The proposal is backed by the National Rifle Association.

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