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Where can we not carry???

Discussion in 'Florida Glockers Club' started by maynardwix, Oct 18, 2009.

  1. maynardwix

    maynardwix Notre Dame Fan!

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    I know this is a carry issue, but since every state is different I thought I'd post here.

    My question is basiclly, where is it illegal to carry? I know the basics (Bar, schools, sporting events, court, jails, and police stations). I have heard that post offices are a no no because it is a federal building, is that true? I have also heard that State and county parks are not allowed, is that true? What about banks? I like to carry as often as I can and just want to be aware of my limitations, for example, if you are not allowed to carry in state or county parks that will deffinatly cut down how much I visit them.

    Sorry if this is a noob question, but I just want to get more info from others that are more familiar with this than I am.

    Also if anyone wants to voice your opinions on places that it is legal to carry, but then post "No Firearms" signs, and if you carry or not in those places, feel free also.
     
  2. Dillusion

    Dillusion Mustache-less

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    I've read the USPS is not a federal building as they are funded by sales, but it's still best to not enter it.

    You CAN enter places that say no guns withy our CWL, but I believe you can be escorted out by the ownership.

    State parks CAN say no guns, and in those cases with posted signs I believe you have to leave your gun at the entrance, IE- in the car.
     

  3. noway

    noway

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    read the law, but also airports.
     
  4. Jon_R

    Jon_R

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    Below is the list from the States Web Site.

    Some specifics based on what you asked.

    A Posted sign means nothing legally. If the location is not on this list you can legally carry there. A property owner manager can ask you to leave and you must leave. The person can require you to do this about weapons or about a T-Shirt they don't like that you are wearing. It is their right to kick people off the property for whatever they want.

    A post office is federal property and FL permit does not include Federal Property. This does not include the UPS store or a post office setup inside a convience store.

    You are legal to carry into a bank in FL.

    State parks are not on the prohibited lists so you can carry in state parks. If the state is posting a sign that would be strange since the state law gives the posted sign no legal value. If you are carrying a modern gun during bow season in hunting areas you may have an issue with the fish and wildlife but you are not in violation of concealed carry laws.

    I think I covered everything you asked.

    http://licgweb.doacs.state.fl.us/wea...ossession.html

    Restricted Places in FL
    <TABLE border=0 cellSpacing=0 cellPadding=0 width=525><TBODY><TR><TD height=45 align=middle>Possession Restrictions

    </TD><TR><TD height=555 vAlign=top>The following is a list of places where you are restricted from carrying a weapon or firearm even if you have a license. Please note that this is a simplified list. The places marked by an asterisk (*) may have exceptions or additional restrictions. See Section 790.06 (12), Florida Statutes for a complete listing.
      • any place of nuisance as defined in s. 823.05
      • any police, sheriff, or highway patrol station
      • any detention facility, prison, or jail; any courthouse
      • any courtroom*
      • any polling place
      • any meeting of the governing body of a county, public school district, municipality, or special district
      • any meeting of the Legislature or a committee thereof
      • any school, college, or professional athletic event not related to firearms
      • any school administration building
      • any portion of an establishment licensed to dispense alcoholic beverages for consumption*
      • any elementary or secondary school facility
      • any area technical center
      • any college or university facility*
      • inside the passenger terminal and sterile area of any airport*
      • any place where the carrying of firearms is prohibited by federal law
    </TD></TR></TBODY></TABLE>
     
    Last edited: Oct 19, 2009
  5. JungleJim

    JungleJim

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    State parks are OK.

    The parks in my city are posted no weapons and I have been trying to straighten that out with them. So far no luck but I am not giving up, in the meantime I will ignore the signs being they are in violation of state law.

    There is a high likelihood that the parks in your city is posted too, many are in the state. If so don't be afraid to point out to your elected officials that they are in violation of state law.
     
    Last edited: Oct 19, 2009
  6. Jon_R

    Jon_R

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    I would not say they are in violation of state law. There is no law that you can not post a sign. What the signs are is not legally significant meaning by posting that sign they have not changed anything in regards to if you are or are not allowed to legally carry there. Don't confuse this with national parks. You can not carry in national parks until Feb when the new law goes into effect.

    If I remember correct FL State Parks used to be prohibited but years ago that changed. It is likely the state has not gotten around to pulling the signs down.

     
  7. maynardwix

    maynardwix Notre Dame Fan!

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    Wow, thanks everyone for all the helpfull info. As I said I am just interested in following the laws, I had read the section 790 (Like Jon_R posted) that states where you can carry, but had also heard of the other places and that confused me. I feel more confident now knowing that I am in the right as long as I follow the places I know not to go, and the other places I don't have to worry about. Thanks againfor everyone taking the time to answer.
     
  8. JungleJim

    JungleJim

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    This is more then just a sign, they have an ordinance on the books. Also, the city has no right to post the signs denying our rights, even if it is unenforceable.


    City ordinance:
    § 94.03 PROHIBITED ACTIVITIES.
    C) Firearms and other dangerous instruments. No person, other than an authorized city employee or law enforcement officer, shall bring into any city park any firearm, air gun, pellet gun, spring gun, ammunition, explosive, fireworks, sling shot, cross bow, bow and arrow, or any other device by means of which a projectile can be propelled or any other similar device or substance which may cause injury or property damage,

    ----------------------------------------------------------------------------------------

    which, to me, is in direct conflict with the State statute:

    790.33 Field of Regulation of Firearms and Ammunition Preempted.
    (1) PREEMPTION.
    Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole
    field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture,
    ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city,
    town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void.

    ----------------------------------------------------------------------------------------


    This is in a city park, not that it matters. I have been in emailing the city manager back and forth for the last month, the last message from him said after speaking to the city attorney the "city stands by the ordinance". So there is the potential for someone to be arrested for violating this.
     
    Last edited: Oct 19, 2009
  9. maynardwix

    maynardwix Notre Dame Fan!

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    Hey JungleJim, If you don't mind me asking, what city is that in?
     
  10. Jon_R

    Jon_R

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    My only guess is the City Ordinance came first before the state made all firearm laws at the state level and they never pulled the city ordinance off the books. The city would loose in court and probably face a civil suit if they arrested someone for violating the ordinance with carrying a firearm. Re-write the ordinance removing or exempting firearms and they would probably be ok. You could get arrested for a slingshot but not for a pistol. :)


     
  11. Jon_R

    Jon_R

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    I highly recommend getting the FL Gun Laws Book.

    http://www.floridafirearmslaw.com/

    Most Gun Stores Sell it.

     
  12. maynardwix

    maynardwix Notre Dame Fan!

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  13. JungleJim

    JungleJim

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    Weston, it's in S Fla near Fort Lauderdale
     
  14. JungleJim

    JungleJim

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    Very good recommendation, I picked up a copy a few years back, lots of good info.
     
  15. JungleJim

    JungleJim

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    I pointed out the state law to them in an email, in spite of that their response was they stand by the ordinance. It really amazes me that they feel they can trample our rights like that. They are clearly anti second amendment, to the point of being arrogant in their defiance of the law. I would love to have a lawyer straighten them out but don't have the funds to drop on it. I will continue to pursue it though and in the meantime I will ignore the signs.
     
    Last edited: Oct 20, 2009
  16. maynardwix

    maynardwix Notre Dame Fan!

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    Hey JungleJim, take a look at the links below and you may want to send the writer an e-mail letting him know what is happening there in Weston. His name is Patrick Buckley he is a firearm's lawyer, firearm's instructor, NRA certified instructor, and NRA Referral Attorney. As you will see below, he has simply writen letters to several county's about the ordinance they have passed and they took promt action to change it and make it right.

    http://florida-gun-law.blogspot.com/2009/08/florida-is-preemption-state.html

    http://florida-gun-law.blogspot.com/2009/09/hillsborough-county-parks-ordinance-no.html

    http://florida-gun-law.blogspot.com/2009/10/two-more-political-subdivisions-agree.html
     
  17. JungleJim

    JungleJim

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    Thanks for the link. I have already been in touch with Mr Buckley from another forum, he was nice enough to respond to my message and I and am waiting to hear back from him with any advice or updates.

    It is disappointing that the city leaders feel they can ignore the laws they don't agree with, trampling our rights in the process. They are opening themselves up to a potential lawsuit.
     
  18. maynardwix

    maynardwix Notre Dame Fan!

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    Well I'm glad to hear that you have already been in contact with him. He seems like a real good guy standing up for eveyones rights in situations like this. Keep me posted please about what happens there in your city.