A Levy county teacher was arrested for having a gun in her car on school property. I think that the cops may have screwed up on the charges. She has been charged with a violation of 790.115 2b, possession of a weapon on school property, and two counts of 827.03 2d, willfully or through neglect endangering a child. The first charge might not fly. Granted I am not a lawyer, but the law reads:
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:
<snip irrelevant parts>
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.
The question here is whether or not the school board has published a policy that states that no one may park on campus with a firearm in their vehicles. Most school districts in Florida don’t publish rules like that. A sharp lawyer might be able to beat this.
The child endangerment charges though, those are likely to stick. I mean, she gave two 4th grade children the keys to her car, knowing that there was a loaded handgun in it. She deserves to go down for that.
I would certainly suggest a plea deal.