An administrative law judge yesterday said a teacher should keep his job after the St. Lucie County School Board moved to fire him for leaving an AK-47 rifle on the center console of his truck in a school parking lot. Via TCPalm.com:
Judge Robert Kilbride, in a 25-page decision siding with teacher Joel Potts, cited a law that gives authority over gun regulations to the state and what he described as an 'unenforceable and infirm' school district policy aimed at keeping guns off campus.
'The Florida Legislature has preempted all issues regarding possession and use of firearms in Florida,' Kilbride wrote. 'Under its statutory scheme, carrying or storing a firearm in respondent’s (Potts’) parked vehicle did not constitute unauthorized possession of it, and respondent’s actions were protected. The simple and straightforward conclusion is that the firearm policy enacted by the School Board is unenforceable and cannot serve as the basis to conclude that respondent violated the policy. As a result, respondent enjoyed the benefit of the Florida law which permits an individual to carry a securely encased firearm or one that is not otherwise readily available for immediate use, in his vehicle.'
The case stemmed from a passerby on Sept. 2 seeing the gun in Potts’ truck and reporting it to a school-resource officer at Dale Cassens Education Complex, an alternative school in Fort Pierce. The gun was not loaded, but 39 rounds of ammunition were in a plastic bag in the console, according to Tuesday’s ruling.
The school board petitioned to terminate Potts, and the issue was referred to a state administrative court.
“The Florida Legislature has preempted all issues regarding possession and use of firearms in Florida,” Kilbride wrote. “Under its statutory scheme, carrying or storing a firearm in respondent’s (Potts’) parked vehicle did not constitute unauthorized possession of it, and respondent’s actions were protected. The simple and straightforward conclusion is that the firearm policy enacted by the School Board is unenforceable and cannot serve as the basis to conclude that respondent violated the policy. As a result, respondent enjoyed the benefit of the Florida law which permits an individual to carry a securely encased firearm or one that is not otherwise readily available for immediate use, in his vehicle.”
"Securely encased." Because no one's ever broken a car window to steal what's visible.
