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Florida Carry Sues The University Of Florida For Illegal Ban On Guns In Cars & Homes

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This is from AmmoLand.

I say bravo to Florida Carry for their efforts to help all

students to be able with a permit to legally carry on campus.

I would encourage to find a gun rights organization and

become a member to help fight the good fight. 

Florida Carry vs University Florida

Florida Carry vs University Florida

 

Florida CarryFlorida – -(Ammoland.com)- Florida Carry, Inc. has today filed a lawsuit against the University Florida (UF), seeking a permanent injunction to protect the rights of students, faculty, and the public from the university’s illegal and unconstitutional regulations prohibiting firearms and weapons on all university property.

Since 1987 the Florida Legislature has preempted firearms law and issued state-wide licenses to carry for self-defense.

In December Florida Carry won a similar case against the University of North Florida (UNF). In Florida Carry v. UNF the First District Court of Appeal ruled that “The legislature’s primacy in firearms regulation derives directly from the Florida Constitution…

Indeed, the legislature has reserved for itself the whole field of firearms regulation in section 790.33(1)…” No public college or university has any authority to prevent students and the public from having a functional firearm in places that are constitutionally protected or permitted under state law.

The University of Florida has failed to comply with the court’s ruling by doing nothing more than adding an “Intent” footnote to one of its illegal policies. Florida Carry Executive Director Sean Caranna reached out to UF President Bernie Machen in an attempt to avert the need for legal action. Mr. Caranna’s call was returned by the university’s General Counsel who refused to take our concerns about UF’s illegal policies and regulations seriously and was dismissive of our plea that they work with us to craft a legal set of regulations. Florida Carry was left with no choice but to file this case.

Any public college or university which attempts to restrict the statutory and fundamental right to keep and bear arms in Florida is subject to enforcement actions by organizations such as Florida Carry. In addition to enforcing the clearly established right of students to lawfully store firearms in their personal vehicles on campus, Florida Carry seeks to protect the right to possess firearms and other defensive weapons in the home. In the landmark 2008 Heller case the U.S. Supreme Court ruled that bans on the possession of functional arms in the home are unconstitutional. Nationwide, millions of adult university faculty, students, and their families live in university owned housing. The fact that state housing facilities run by Florida Universities continue to deprive law abiding adults of their fundamental right to keep and bear arms in their homes, years after the clear decisions of the U.S. Supreme Court that such bans are unconstitutional, is unconscionable.

Read the Complaint Here : http://tiny.cc/5nph9w

Sean Caranna
Executive Director
Florida Carry, Inc.
www.FloridaCarry.org

About: Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 8 of the Florida Constitution. Florida Carry, Inc. was organized by a group of Florida self-defense rights activists in order to better coordinate activities, effectively lobby the state legislature, and provide a legal entity capable of filing suit to demand compliance with state and federal law. Florida Carry stands only to represent our members and the over 7 million gun owners of Florida. We are not beholden to any national organization’s agenda that may compromise that mission. Florida Carry works tirelessly toward repealing and striking down ill-conceived gun control laws and regulations that have been proven to provide safe havens to criminals and be deadly to law abiding citizens.

Read more: http://www.ammoland.com/2014/01/florida-carry-sues-the-university-of-florida-for-illegal-ban-on-guns-in-cars-homes/#ixzz2qLGZjU3M
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Colleges can’t ban guns, rules Florida court in major 2nd Amendment victory

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This is from BizPac Review.

This is a big win for Florida College students.

This is a win for the Second Amendment.

The Florida appeals court ruling that the University of North Florida was violating state law when it prohibited a woman from storing a gun in her vehicle while she attended class will spill over to cities and counties statewide, an attorney said Wednesday.

And it’s one of many nationwide where anti-gun activists are trying to do at the local level what they can’t do in the statehouse – restrict Second Amendmentrights.

alexandrialainez1211

From University of North Florida student Alexandria Lainez’s Facebook page.

“This is a growing movement in a number of cases,” said Jacksonville attorney Eric Friday, who represents Florida Carry Inc. and UNF student Alexandria Lainez in the court fight.

Friday, who called the Lainez decision the biggest of its kind in Florida in 20 years, said the case “reaffirmed that the power to regulate firearms rests solely with the Legislature and not anywhere else.”

Florida Carry Inc. and  Alexandria Lainez vs. the University of North Florida centered around Lainez’s ability to store a gun in her vehicle while attending classes at UNF so she would have available for self-defense while traveling to and from campus.

Lainez is a young mother, Friday said, “and she takes seriously her responsibility to protect herself and her child.”

Lainez, who’s 24 and has had a concealed weapons permit for three years, said she takes firearms safety and training pretty seriously, too. A Jacksonville resident with a half-hour one-way commute to school, she said she’s working to get students at other schools interested in gun training, too.

“I think it’s pretty important to be able to protect myself and my son, especially with that long commute to and from school.”

And making that commute armed means storing the gun on UNF property.

UNF regulations prohibit weapons on campus. According to the student handbook printed in 2011 when the case was filed, expressly threatened that violators could be arrested.

“No college or university has the authority” to make such a regulation, Friday said.

Lainez, a member of Florida Carry, sued UNF to change the regulation, but lost at trial to UNF’s argument that it could ban weapons because state law allowed school districts to do so. UNF argued that since it’s a school, it should be considered like a public school district.

In Tuesday’s decision, the 1st District Court of Appeal ruled otherwise.

“From the beginning, the argument was an absurdity in my mind,” Friday said.

But the broader issue, Friday said, involved the powers of local governments – such as counties and cities – to violate gun rights through control ordinances that in effect in one part of the state but not another, putting gun owners at risk of arrest depending on the jurisdiction.

It’s a gun rights battle being fought in other states – where officials in places like libraries and bus companies try to make petty authority grounds for violating constitutional rights.

In Michigan in November, the state Supreme Court  refused to hear an appeal by a library district in Lansing that claimed it had a right to ban guns in a battle with Michigan Open Carry Inc. National Review’s headline called it a “victory for open carry advocates.”

In Wisconsin, the gun rights group Wisconsin Carry is suing the Madison Metro Transit Authority for trying to ban guns on city buses. That would make for stricter gun law than the ones passed by the state Legislature – which meets in Madison.

In Florida, a state law in 1987 prohibited local governments from passing local gun control ordinances stricter than those passed in Tallahassee, but included no way of enforcing it, Friday said.

That led to local governments – particularly in South Florida – “thumbing their noses at the Legislature,” Friday said.

In 2011, the Legislature passed another law containing a series of threatening local jurisdictions or agencies with fines against the agency heads, removal from office for elected officials and allowing for personal damages up to $100,000 for violations, Friday sad.

When that law passed, most local governments changed their laws to comply before it came into effect Oct 1, Friday said. UNF and some other agencies didn’t.

In an emailed statement Wednesday, UNF Associate Director for Public Relations Joanna Norris wrote that the university is still reviewing its options on whether to appeal the case. Until it makes that decision, she wrote, the university’s policy prohibiting weapons on campus will remain in effect.

Friday said that means the university intends to continue breaking the law.

“In other words, despite the express, well-reasoned opinion of this court, they intend to continue violating students’ rights until they have to comply,” he said.

Why this kind of obstinacy by officials at the local level when they can’t get their anti-Second Amendment way in state capitals?

“In some cases, it’s just a personal belief, or bias against firearms or the right of self-defense,” Friday said. “People in power don’t like it when their power is challenged.”

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