VICTORY FOR THE SECOND AMENDMENT: Florida Appellate Court Invalidates University Rule Against Concealed Carry

happy with gunby A.J. Yolofsky–Yesterday, Florida First District Court of Appeal invalidated a University of North Florida rule that concealed carry permit holder could not keep their weapon locked in their car while they attended classes at the university’s campus. The case is Florida Carry, Inc. and Alexandra Lainez v. University of North Florida.

Essentially, the Court held that Florida’s Constitution delegates the duty to the Legislature to make all the rules pertaining to the Florida Constitution’s right to bear arms. The Legislature has only delegated rule-making authority to school districts and the University, despite its protestations to the contrary, is not a school district. Thus, the University’s rule is invalid and CCW holders are permitted to keep their weapons locked in their cars while they attend class.

The decision is a significant victory for the Second Amendment. The Court restricted the power grab of the University to weaken an individual’s ability to protect themselves away from campus. The Court also reiterated that only the Legislature has the authority to make rules pertaining to the method and manner of bearing arms. Indeed, in 2011, the Legislature wrote numerous penalties into the concealed carry law for municipalities and the individual officials who attempt to restrict the manner of bearing arms.

If we want to start reversing the brain-washing that continues to occur at many of our universities, we need to get the word out about the correctness of this decision. The dissenting opinion sets forth the legal and public policy arguments that will be parroted by the braying (m)asses of gun control fanatics. Fortunately, the majority opinion (the one that counts) explains why the dissent is wrong.

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In tactical parlance, us Second Amendment activists need to provide cover and support for the First District and their opinion. Cover comes from articles such as this that spread the word far and wide of the correctness of the decision. Support comes from contacting our state legislators and urging them not to adopt the position of the dissent; and just maybe, expand the ability to carry concealed on campus. In the battle for gun control, the First District Court of Appeal has handed us a victory. We need to press the advantage.

The full opinion is here.

Hat tip: Bizpac Review

AJ 3BIO:
A. J. Yolofsky is an attorney, former USMC, and security consultant.

 

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