Try it

I just tried explaining the law concerning the possession of weapons on school property in the state of Florida. The teacher in question wants to carry pepper spray in her purse. The laws are confusing, convoluted, and almost impossible to understand, let alone explain or follow. Here is what I had to say:

Can you verify if what I found is correct… thank you 

If it contains more than 2 oz of the chemical then she can not carry it at the school even with a CWFL or openly.

790.115
2(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop.

790.001
(13) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

790.001
(3) (b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.

So as long as it contains less than 2 oz of chemical it is legal but if it contains more than that it is a "weapon" and is prohibited on school property.

Here is my reply:

The definition says “NOT MORE THAN 2 ounces” of chemical. If it has less than 2 ounces, it is a “chemical weapon or device.” If it contains more than 2 ounces, it is a “destructive device.”

Then she asked:

School property?

 Then it gets confusing:

That is where things begin to get a bit muddy. First, look at 790.115(1), which prohibits the DISPLAY of a weapon in a rude, careless, angry, or threatening manner (not in lawful self defense) at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity. This is important, because it separates school facility and school grounds, proving that the law considers them to be two different things.

Then you look at paragraph (2), which says:

(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:

1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;

2. In a case to a career center having a firearms training range; or

3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

For the purposes of this section, “school” means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

So, the answer is no. UNLESS the person has a concealed weapons permit, then the answer gets a little different. Paragraph (3)(e) says:

(e) The penalties of this subsection shall not apply to persons licensed under s.790.06.

So, we refer to 790.06, which says:

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into: (irrelevant parts omitted)

9. Any school, college, or professional athletic event not related to firearms;

10. Any elementary or secondary school facility or administration building; (again, irrelevant parts omitted)

(b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

This seems to indicate that a person with a concealed weapons permit may lawfully possess a concealed weapon on school property, as long as it is not at a school sponsored athletic event, in a school facility or building, and, if a firearm, it is kept in a vehicle. A person may also store weapons in a vehicle in a school parking lot if the school district permits it, but no district in Florida has done so. Additionally, since (our school) is used as a community learning center after hours, it is not legally a school for the purposes of this law after hours, unless there is a school sponsored event going on (like a football game).

Even more confusing, a swim meet at the community pool would constitute a school sponsored sporting event, meaning that anyone at the community center would also be prohibited from having a weapon, even if they were not affiliated with the sporting event or school.

As usual, I am not a lawyer, this is just my opinion, etc.