Couple things:
First, cops are the last people you want to ask about a very important question pertaining to law. Cops are hardly an educated bunch, high school diplomas/GED's are all thats required of them. Cops can arrest you for anything, doesn't mean they're right. Thats what "wrongful arrest" is for.
Yes. It happens here in Nevada as well quite often.
Second, part of the question here is the real definition of the terms "sterile area" and "non-sterile area". There's a sign right before you enter the line to go through security, into a "sterile area", that says, "no weapons beyond this point." If you are not allowed beyond the curb or parking lot they would have the signs out there saying that.
All airports have those signs. That signage is maintained by TSA, not the State or jurisdiction that operates the airport. I just came back from Houston Hobby last night. The same TSA prohibited item signage is there as it is in Dallas (Love Field and DFW), Kansas City MO, Las Vegas, Orlando, St Louis and West Palm Beach.
Also, 790.06(12) says "any passenger terminal". Depending on which definition you read the terminal can be where passengers board and deplane an aircraft.....or it can say the entire building from the curb to the plane. So, its another grey area. "passenger terminal" to me means the concourses and gate areas AFTER you pass through security into the "sterile area." Because everyone that goes to an airport is not a passenger. If it just said, "terminal", I would have to say then that you cannot carry a weapon anywhere, period.
Here it is again.
(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into 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, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her 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 on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
If from the doors to the metal detector were excluded you wouldn't have the operative phrase "inside the passenger terminal and sterile area of any airport." If it was just the area beyond the metal detectors the statute would be phrased as "inside the sterile area of any airport."
We'll see.
FDLE answered me: Looks like they are no longer allowed to give interpretations of law, they used to do it, I did it about 7 years ago and they answered my question.
Mr. XXXXXX:
The Division of Licensing has no jurisdiction to interpret statutes, issue opinions, or render legal advice about the legality and illegality of matters not strictly related to the issuance of concealed weapons licenses. The Division is given very narrow responsibility under section 790.06, Florida Statutes. We can issue licenses to qualified citizens; deny licenses to applicants who are not qualified; or revoke or suspend licenses in instances where licensees have committed disqualifying crimes. Outside of that, the Division has no authority to discuss the legality of concealed weapons issues and crimes pertaining to violations of the concealed weapons law. Please consult an attorney or State Attorney's Office.
Amanda F. Herring, Supervisor, Florida Department of Agriculture
Public Inquiry Section
(850)245-5665 Office (850)245-5655 Fax
I contacted an attorney to look into it for me. I asked him specifically to get an "interpretation from the state", because thats all that matters. His opinion or anyone elses opinions are meaningless. Once you get the interpretation of the law, it IS the law and its exactly what an attorney would go by if they had a real case to deal with. I've done this a couple times with the FAA to interpret an aviation law for us that was a little hard to make heads or tails of.
I'll post it as soon as I get it.
You sent your inquiry to the Florida Department of Agriculture which issues the FL CWFL, not FDLE. We already have an attorney's opinion on the matter previously posted in this thread. Seems pretty clear cut to me. However if you want to wear an orange jumpsuit and be Bubba's special friend in county lockup be my guest.