Where Can't I Carry?

richm2778

New member
Living in FL. I take my son to parks often and I carry regularly. I know that in the past carrying in parks was prohibited, then I believe the law changed. I asked a LEO friend and he did not know for sure. What say you guys?
 
I never seen a sign that says Do Not Kill or Do Not Steal so does that mean I am permitted to do these just because there is no sign? So before you get legal advice from justxboxin you may want to research the Florida law yourself.
 
Possession Restrictions - Weapons - Division of Licensing, FDACS

The below is a good explanation from another source
WHERE NOT TO CARRY IN FLORIDA

This is the text of Florida Statute 790.06 Subsection 12. It is basically the list of places you may not carry in the State of Florida even thou you have a Concealed Carry License. I do not clam to be a lawyer. I must say, anything much past a "simple question" should be directed to a lawyer, police officer, or some other "learned" member of the court system.

I don't think most people will have trouble with this. Allot of it is common sense and self-explanatory. My notes are set off by [brackets]. AGAIN, this is the way I interpret the meaning ... and I AM NOT A LAWYER.

790.06 (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 [below]; 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 [BARS no, Restaurants are OK]; any elementary or secondary school facility; any area vocational-technical center; any college or university facility [there is an on going debate at to what a "facility" means; a building? the lunch room? The BIG question is the parking lot, can you leave it in your car? Probably, but I don't want to be the test case!] unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or non-lethal 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 [however FAA Rules say you may not have a firearm on Airport Property at all], 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. [This is pretty much ANY Federal building or Federal lands, including, Indian Reservations, Military Reservations, National Parks, National Sanctuaries, etc.]
823.05 Places declared a nuisance; may be abated and enjoined. -- Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or shall be frequented by the class of persons mentioned in 1s. 856.02, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.
 
Possession Restrictions - Weapons - Division of Licensing, FDACS

The below is a good explanation from another source
WHERE NOT TO CARRY IN FLORIDA
[This is pretty much ANY Federal building or Federal lands, including, Indian Reservations, Military Reservations, National Parks, National Sanctuaries, etc.]

I am sure the law changed on federal parks back in 2010. From what I read you are now permitted to carry concealed in federal / national parks.
 
I do not clam to be a lawyer. I must say, anything much past a "simple question" should be directed to a lawyer, police officer, or some other "learned" member of the court system.

The OP did ask a police officer, and the police officer gave him one of the most honest answers I have heard being given by a police officer, KUDOS to the OP's friend:

Living in FL. I take my son to parks often and I carry regularly. I know that in the past carrying in parks was prohibited, then I believe the law changed. I asked a LEO friend and he did not know for sure. What say you guys?

I don't think most people will have trouble with this. Allot of it is common sense and self-explanatory. My notes are set off by [brackets]. AGAIN, this is the way I interpret the meaning ... and I AM NOT A LAWYER.

Sorry, but not being able to carry my gun for self protection because the law prohibits me will never make common sense to me. I am glad you put your notes in [brackets] because they contain quite erroneous information.

[however FAA Rules say you may not have a firearm on Airport Property at all]

Absolutely FALSE. Any portion of commercial airports outside of the sterile areas is governed entirely by state law. In Washington, for example, perfectly legal to carry firearms in terminal areas outside the sterile area. Since it is perfectly legal to do so, I have, on more than one occasion, open carried in the SEATAC international airport terminal while picking up and seeing off passengers, right in front of SEATAC police officers who never batted an eye because there is nothing illegal about it, either in Washington State or Federal law.


[This is pretty much ANY Federal building or Federal lands, including, Indian Reservations, Military Reservations, National Parks, National Sanctuaries, etc.]

Mostly FALSE information. Any Federal building that is posted with the sign required by 18 USC 930.

Indian Reservations are NOT prohibited by Federal law. Again, it is a matter of state law. In Washington, perfectly legal to carry on Indian Reservations. If the tribe prohibits firearms, there "law" only applies to Indians and for non-Indians it is just like a private property owner prohibiting firearms - it is still LEGAL to carry on the reservation, but they may boot you off the reservation and if you don't leave it is trespassing.

National Parks follow state law ONLY (and the Federal prohibition in Federal buildings, posted as requried by 18 USC 930).

Military reservations are controlled by the base commander. Personnel living on base may possess firearms. On some bases hunters may possess firearms.

Not sure about "National Sanctuaries".
 
Also remember that all signs prohibiting cc or oc, must be a certain size and color , match the wording verbatim and be in English and Spanish. All others will not hold up in court.
 
Also remember that all signs prohibiting cc or oc, must be a certain size and color , match the wording verbatim and be in English and Spanish. All others will not hold up in court.

Not true in Florida.
In Florida "No Gun" signs have no rule of law. You can ignore a "No Guns" sign but if you are found to have a gun they can ask you to leave.
If you don't leave then you would be trespassing and can be arrested for that.
 
The best advice I can give is refer to The Cwp laws of your state. They're spelled out clearly. In South Carolina it's, South Carolina law enforcement division. Or ( SLED). They have a website with a section on Conceal carry. Good luck. Also I believe Florida cwp laws & South Carolina Cwp is very similar.
 

^^^ +1 in this thread there is a lot of bad info. You can also go to the bottom of the forum page on USACARRY.com Scroll all the way to the bottom and you will see the laws for all states. You can carry in all city,county and state parks in Florida. Also as stated the no gun signs have no penalty, if your are noticed cc'ing, Shame on you but, they can only ask you to leave. If you do not you will be hauled away for trespassing. There is no open carry in Florida except while fishing, hunting or camping. Please read the above mentioned and also in USACarry. Hate to see you have a problem. Florida has pretty good cc laws, good luck.
 
Research the data carefully for your state or any state you are visiting, based on the 2nd Amendment you should be able to carry anywhere without a permit, but most of our politicians can't read, and I doubt they ever read the Constitution, I know they did not read the Obama Care Bill.
 

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