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Florida college student had AR-15 under bed on campus

Hi,

The student was aware of the rules/laws and choose to ignore them. He'll have to take his lumps. In most states it is illegal to have a firearm on any school campus. The college also has a policy against firearms as well. I'm sure he'll have repercussions from both the school and the state. Stupid is as stupid does.

Thank you for your indulgence,

BassCliff
 
BassCliff said:
Hi,

The student was aware of the rules/laws and choose to ignore them. He'll have to take his lumps. In most states it is illegal to have a firearm on any school campus. The college also has a policy against firearms as well. I'm sure he'll have repercussions from both the school and the state. Stupid is as stupid does.

Thank you for your indulgence,

BassCliff
Click to expand...
Although I agree with all in this forum that say the idiot deserves his "lumps", I still will be very curious to follow this entanglement. Especially if the fool retains a somewhat decent lawyer.

In Florida, a rented residence cannot legally be entered by the landlord, or a landlord's representative without having provided 12 hours notice in writing, excepting certain clearly defined circumstances. From the article, we do not know if proper notice was given prior to the search.

Under the 2nd and 4th Constitutional Amendments, this idiot was well within his right to possess the firearm in his domicile, and to be protected against an illegal search.

All of that being said, should this clown happen to retain a good attorney, I am very curious to see how a court will navigate state law, college rules, and Federal law should his argument be he was lawfully in possession of the firearm (in his domicile) and that his 4th Amendment Rights were trampled by an illegal search.

The college prohibits firearms to be on campus. However, it will be interesting litigation and curious to see where the state draws the line on what could become a tenant's rights lawsuit. Was the firearm legally in his "home", or will the dorm be classified as something other than a domicile?

I don't have a dog in the fight and I really don't care what the outcome might be. I'm just curious to see what kind of defense this joker cooks up and see what the state, and potentially what an appellate court finds.
 
Florida Statute 790.115 prohibits the possession or discharge of firearms on school property or at school-sponsored events, with specific exceptions for approved activities. Violating this statute can result in penalties, emphasizing the importance of safety in educational environments.

FindLaw myfloridalegal.com

Overview of Florida Statute 790.115​

Florida Statute 790.115 addresses the possession and discharge of firearms on school property and during school-sponsored events. It establishes specific prohibitions and exceptions regarding firearms in educational settings.

Key Provisions​

Prohibitions​

  • General Rule: Possessing or discharging firearms, electric weapons, or other weapons on school property is generally prohibited.
  • Locations Covered: This includes all public and private schools, school buses, and school bus stops.

Exceptions​

  • Approved Activities: Firearms may be allowed if they are in support of an approved school-sanctioned activity. This includes:
    • Carrying a firearm in a case to a firearms program or class approved by the school principal.
    • Transporting firearms to a training range.
  • Law Enforcement: Law enforcement officers are exempt from these restrictions when acting in their official capacity.

Penalties​

Violating the provisions of this statute can result in criminal charges, which may include misdemeanors or felonies depending on the circumstances of the offense.

Conclusion​

Florida Statute 790.115 is designed to enhance safety in schools by regulating firearms while allowing for specific exceptions related to educational activiti
 
Onewolf426 said:
Florida Statute 790.115 prohibits the possession or discharge of firearms on school property or at school-sponsored events, with specific exceptions for approved activities. Violating this statute can result in penalties, emphasizing the importance of safety in educational environments.

FindLaw myfloridalegal.com

Overview of Florida Statute 790.115​

Florida Statute 790.115 addresses the possession and discharge of firearms on school property and during school-sponsored events. It establishes specific prohibitions and exceptions regarding firearms in educational settings.

Key Provisions​

Prohibitions​

  • General Rule: Possessing or discharging firearms, electric weapons, or other weapons on school property is generally prohibited.
  • Locations Covered: This includes all public and private schools, school buses, and school bus stops.

Exceptions​

  • Approved Activities: Firearms may be allowed if they are in support of an approved school-sanctioned activity. This includes:
    • Carrying a firearm in a case to a firearms program or class approved by the school principal.
    • Transporting firearms to a training range.
  • Law Enforcement: Law enforcement officers are exempt from these restrictions when acting in their official capacity.

Penalties​

Violating the provisions of this statute can result in criminal charges, which may include misdemeanors or felonies depending on the circumstances of the offense.

Conclusion​

Florida Statute 790.115 is designed to enhance safety in schools by regulating firearms while allowing for specific exceptions related to educational activiti
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I'm not disagreeing with the laws. I am interested in whether or not a dorm room is a domicile. Unless I missed something in the article, the firearm was recovered from a dorm room. The guy wasn't walking around campus with it (as far as we know).

Furthermore, I think this guy likely had some sinister deed planned and that lives were saved by him being caught.

What interests me is whether or not this guy builds a tenant's rights lawsuit and prevails. Whether or not he prevails, I'm curious to see what new laws spawn up all over the country borne out of the case. I have been unable to find a precedent ruling during a cursory search so I'm thinking this could lead to an avalanche of new anti 2A laws applied specifically to renters.
 
Hi,

The Night Rider said:
With all due respect, that's an assumption on your part. He should have been aware of rules but we can't say for sure that he was.
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From the articles I read...

"Demetriades allegedly said he is aware that weapons are not allowed on campus and that his New Jersey concealed carry permit does not apply in Florida."

But perhaps I assume too much.


Thank you for your indulgence,

BassCliff
 
Old_Me said:
i just do not believe a lick of his story. he claims he is from Joisy, and has his guns registered there..??

then he knows full damned well, guns are NOT allowed on any school grounds.

and please tell me, what night club NEEDS an AR armed guard...??

nope........he was setting himself up for some sort of attack he was planning.
Click to expand...


Security guard saves lives with an AR.
 
Old_Me said:
i just do not believe a lick of his story. he claims he is from Joisy, and has his guns registered there..??
Click to expand...

It's a big hassle , but it can be done .
Old_Me said:
then he knows full damned well, guns are NOT allowed on any school grounds.
Click to expand...

Depends on state laws , varies widely , as regards to Colleges .


Old_Me said:
and please tell me, what night club NEEDS an AR armed guard...??
Click to expand...

More than you'd think .
Old_Me said:
nope........he was setting himself up for some sort of attack he was planning.
Click to expand...


I'm open minded for any actual evidence of that .
 
Model 457 said:
Setting the story itself aside, I'm curious as to how a dorm room, even being on a campus where firearms are banned, compares to any other rented residence.

A landlord cannot preclude you from possessing a legal firearm, nor can they infringe upon your right to privacy. It is quite possible the 2nd and 4th Amendments are as applicable to a campus dorm room as they are to any other dwelling regardless of what the campus rules might be.

This is an interesting legal conundrum and I curious to see where it goes in the courts.
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A dorm room is Not the same as a free world rented residence .

In addition to various degrees of Loco Parentus , it will be spelled out in the Housing Contract to give broad lattitude for staff to enter , for a multitude .

Then there's the question what is actually illegal vs school policy , in various jurisdictions .
 
Biggfoot44 said:
A dorm room is Not the same as a free world rented residence .

In addition to various degrees of Loco Parentus , it will be spelled out in the Housing Contract to give broad lattitude for staff to enter , for a multitude .

Then there's the question what is actually illegal vs school policy , in various jurisdictions .
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"A dorm room is Not the same as a free world rented residence ."

For sake of curiosity, please cite precedence as I cannot find anything specifically applicable.
 
I have no issue with this.
Guns should be allowed on campuses and in dorm rooms.
I am an 2A absolutist.
I don't see anything that says "unless you are away at college."
I also don't think simply possessing somethign should be illegal - unless we're talking kidnapping LOL.
Ownership/possession of somethign should ever be a crime. Obtaining it illegally or using it illegally are issues, but possession is not.
 
PAGunGuy said:
I have no issue with this.
Guns should be allowed on campuses and in dorm rooms.
I am an 2A absolutist.
I don't see anything that says "unless you are away at college."
I also don't think simply possessing somethign should be illegal - unless we're talking kidnapping LOL.
Ownership/possession of somethign should ever be a crime. Obtaining it illegally or using it illegally are issues, but possession is not.
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i still and always will have to disagree with you

no weapos, save from say pepper spray, should be allowed on any school grounds,

from high school to trade school, technical school, and colleges.

too many nitwits that can gain access to them, as well as "some nitwits", that own them legally outright, that may not secure them properly.
 
Old_Me said:
no weapons, save from say pepper spray, should be allowed on any school grounds,

from high school to trade school, technical school, and colleges.

too many nitwits that can gain access to them, as well as "some nitwits", that own them legally outright, that may not secure them properly.
Click to expand...

So do you think that a law against bringing weapons on a school campus would stop somebody with ill intent from doing it?

Maybe we should make a law requiring Secure Storage.

No joke, I leave my glock on top of my gun safe every night. If for some reason the police should happen to show up at my house in the middle of the night and they find the gun there I would be arrested for failing to properly secure my weapon
 
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