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Thread: No Firearms Sign at the Beach

  1. #1
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    I took my family down the beach here in Fort Walton Beach earlier, and they had a no firearms sign. This is against state preemption laws, is it not? I'm trying to decide who to contact about this. My first instinct is to call the county commissioner's office, cite the preemtpion statute and just politely ask them to take it down. Any feedback on this would be appreciated.

    BTW, I wasn't carrying, and have no intention of carrying to the beach. It's just a matter of principle. I'd hate to see anybody hassled by law enforcement for this.

  2. #2
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    yeah, it does go against the preemption statutes. FL 790.06 (12) covers the prohibited places and the beach is not anywhere on that list. I'd try the commissioners and if they don't want to give you a response, go to the DA. I never carry at the beach either, though. too tough to hide my gun and i don't trust that no one is going to go rootin thru my stuff while i'm in the water w/ my kid.

    see the statute here: http://www.leg.state.fl.us/Statutes/...n%2006#0790.06

  3. #3
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    Well, I sent an email to the county commissioners, citing the state preemption statute. I tried to be as polite as I could. Hopefully I'll hear back soon.

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    It might depend which beach you were using. There are technically no public beaches in the city of Fort Walton Beach. I'm talking about within city limits.The beaches are:

    (1)Okaloosa County property (beach access on Santa Rosa Blvd)
    (2) private property (the boardwalk)
    (3)Eglin Air Force Baseproperty (parking on the side of highway 98)
    (4)Gulf Islands National Seashore (federal land?)
    (5) Beasley Park (is that a state park?)

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    whiteshirtbrian wrote:
    It might depend which beach you were using. There are technically no public beaches in the city of Fort Walton Beach. I'm talking about within city limits.The beaches are:

    (1)Okaloosa County property (beach access on Santa Rosa Blvd)
    (2) private property (the boardwalk)
    (3)Eglin Air Force Baseproperty (parking on the side of highway 98)
    (4)Gulf Islands National Seashore (federal land?)
    (5) Beasley Park (is that a state park?)
    I was going to bring that up as well. I think the majority of the beaches on the island are private property. Of course, the old Eglin Beach Club area is federal property.

    I lived in that area for 9 years and I am not 100% sure if they are considered "public beaches". There may be "public access points", but not true public beaches.

    Let me know how the research goes.

  6. #6
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    As far as I understand it, as long as you choose a beach which isn't a federally managed park, or the property of the Air Force, you should be OK to carry. If the City put up the signs, then you should be able to legally ignore them.

    As far as "public" vs "private" beaches go, in the US, there are very few truly private beaches. Most "private" beaches are simply beaches where there is no public access... the beach itself is legally usable by anyone (at least the portion between the high and low tide lines.) If beach access is via a public right of way through private property, it may be possible to restricted carrying firearms there, but only via trespass laws, and even then it would be tricky. If beach access is via city property, they cannot enforce a law in violation of state pre-emption.

    Keep in mind a lot of city county ordinances are still in existance across the state in violation of pre-emption, but are not enforced. I agree it is a good idea to contact whatever government entity placed the sign there, as they may reflect a now-defunct ordinance.


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    Daniel7723 wrote:
    I took my family down the beach here in Fort Walton Beach earlier, and they had a no firearms sign. This is against state preemption laws, is it not? I'm trying to decide who to contact about this. My first instinct is to call the county commissioner's office, cite the preemtpion statute and just politely ask them to take it down. Any feedback on this would be appreciated.

    BTW, I wasn't carrying, and have no intention of carrying to the beach. It's just a matter of principle. I'd hate to see anybody hassled by law enforcement for this.
    Come on, this isn't socialism, Big Brother isjust watching out for you. They want to protect your gun from mosture andthe salt. It's in your best interest, really, I swear; scout's honor!

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