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Thread: DEP Clarification on OC in St Park?

  1. #1
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    Question DEP Clarification on OC in St Park?

    Hey guys.
    I am brand spanking new here as of today! I have read 3-4 threads about the DEP conflict with statue 790.25 and am still confused as to the final verdict.
    The last post I had seen was from 2010 and seeing as it is now 2013 I was wondering what if any clarification had been made? I am leaning towards it being legal to open carry while camping in a state park because 790.25 supersedes the DEP's rule? I carry concealed as much as possible and would like clarification on the DEP issue in state parks before I OC.
    Thanks!

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    Quote Originally Posted by Quintus View Post
    Hey guys.
    I am brand spanking new here as of today! I have read 3-4 threads about the DEP conflict with statue 790.25 and am still confused as to the final verdict.
    The last post I had seen was from 2010 and seeing as it is now 2013 I was wondering what if any clarification had been made? I am leaning towards it being legal to open carry while camping in a state park because 790.25 supersedes the DEP's rule? I carry concealed as much as possible and would like clarification on the DEP issue in state parks before I OC.
    Thanks!
    You are correct. It is completely legal to open or conceal carry (without need of a CWFL) any legal firearm while camping on public (State, County, City) land in Florida. Of course with the caveat that said camping is legal in the first place and that said land is not covered under another firearm prohibitive statute, like schools, prisons, Savannas State Reserve (don't ask me why this place is so special), etc.

    Although the DEP knows and has admitted in writing that 790.25 supersedes any regulations they may have; and they have been directed by the Legislature to revise their regulation to comply with all statutes; and ordered by their general counsel to revise their regulation; and with their complete understanding that their ban on open carry is unenforceable and illegal; and their insistence that they will not enforce it: They have still not revised it.

    No matter, any LEO that would choose to enforce it would be subject to State civil penalties, possible termination and subject themselves to a Federal Civil Rights violation lawsuit.

  3. #3
    Regular Member conandan's Avatar
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    Welcome to OCDO nice to see someone else from my neck of the woods. You will find a lot of good advice here, their are a lot of knowledgeable folks here.

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    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by notalawyer View Post
    You are correct. It is completely legal to open or conceal carry (without need of a CWFL) any legal firearm while camping on public (State, County, City) land in Florida. Of course with the caveat that said camping is legal in the first place and that said land is not covered under another firearm prohibitive statute, like schools, prisons, Savannas State Reserve (don't ask me why this place is so special), etc.

    Although the DEP knows and has admitted in writing that 790.25 supersedes any regulations they may have; and they have been directed by the Legislature to revise their regulation to comply with all statutes; and ordered by their general counsel to revise their regulation; and with their complete understanding that their ban on open carry is unenforceable and illegal; and their insistence that they will not enforce it: They have still not revised it.

    No matter, any LEO that would choose to enforce it would be subject to State civil penalties, possible termination and subject themselves to a Federal Civil Rights violation lawsuit.
    There is a specific state statute referring to no firearms in the Savannas State Reserve...don't remember the number off-hand. Need to get it repealed, but there are other pressing legislative issues.

    ETA: Found it.

    FS 258.157

    1) It is unlawful for any person, except an on-duty law enforcement or conservation officer, to operate a vehicle or A.T.V. in the Savannas unless such person is using the provided ingress or egress to a private holding within the described boundary or using the vehicle or A.T.V. to transport a boat to a public boat ramp accessible only through state reserve property, or unless the vehicle or A.T.V. is being used in conjunction with a permitted or supervised educational field trip, a wildlife survey, or state agency natural resources management activities.
    (2) It is unlawful for any person, except a law enforcement or conservation officer, to have in his or her possession any firearm while within the Savannas except when in compliance with regulations established by the Fish and Wildlife Conservation Commission applying to lands within the described boundaries.
    (3) Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    Not sure, but I believe this was written prior to 790.33 and 790.06 passed in 1987.
    Last edited by rvrctyrngr; 05-25-2013 at 09:23 PM.
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  5. #5
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    Wow thanks for the clarification guys! I have been reading the forums all weekend and can truly say it is an eye opening experience and I am stoked that I found a forum of people who share my views!

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