rebel-patriot
Regular Member
imported post
Hi folks. I have come across an issue that requires immediate redress here in the State of Florida. In talking to some folks in the Florida section we are going to organize an OC weekend of camping and fishing. In Florida, we are allowed to legally OC for those activities.
"[size="-1"]790.25 Lawful ownership, possession, and use of firearms and other weapons.--
[/size][size="-1"]3)LAWFUL USES.--The provisions of ss. 790.053(this is the section of Florida law prohibiting the open carry of firearms and weapons) and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
[/size][size="-1"](h)A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;"
In 2006, the Florida Legislature passed HR1029c which went into law on October 1, 2006.
"SUMMARY ANALYSIS
Section 790.11, F.S., currently prohibits persons from carrying any gun or firearm of any description within the limits of a national forest area (except during hunting season), without first obtaining a permit. Section 790.12,
F.S. provides that the board of county commissioners of the county where such national forest area is located may grant a special permit for the carrying of firearms. Any person who violates any of the above provisions commits a second degree misdemeanor. In regards to state parks, Department of Environmental Protection Rule 62D-2.014(10), F.A.C., currently prohibits persons from using, carrying, or possessing firearms of any type in any state park unless used for authorized resource management. This bill repeals the statutes prohibiting persons from carrying firearms in national forests, authorizing special permits for the carrying of firearms in national forests, and providing penalties for violations. The bill also directs DEP to amend rule 62D-2.014(10) F.A.C., relating to the prohibition of possessing a firearm in state parks, to allow for the possession of weapons in compliance with all applicable Florida Statutes. The rule shall be amended to indicate that such weapons shall be at all times in the possession of a responsible party or properly secured within or to a vehicle or temporary housing, which includes motor homes, travel trailers,
recreational vehicles, campers, tents, or other enclosed structures, while in state parks.
This bill takes effect October 1, 2006."
So now I go to the applicable DEP rule dated 6/2/2009.
"(10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all state park property, except in Reserves, as authorized by the Florida Fish and Wildlife Conservation Commission. Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent means the weapon shall be secured in a locked container. No person shall use or openly display in any state park weapons such as firearms of any type, air rifles, spring guns, cross bows, bows and arrows, gigs (except in areas where gigs may be legally used for saltwater fishing), sling shots, electronic weapons, devices which fire a dart or projectile, or any other forms of weapons or trapping devices potentially dangerous to wildlife or human safety except when such weapons or traps are used for resource management purposes as authorized in this subsection. Shooting weapons into park areas from beyond park boundaries is prohibited. The Division may authorize the control of nuisance animals and may remove all nuisance or exotic animals from parks by trapping and other necessary means for park resource management purposes. Such authorization shall be in the form of a letter of authorization, license, permit, or contract negotiated by the parties or made pursuant to an advertised bid by the Division. Authorization may be obtained in the same manner as stated in 62D-2.013(7), F.A.C., herein."
So.. my argument is that the state DEP is not in compliance with all Florida statutes in regards to the possession of firearms and other weapns and asking for the immediate redress of DEP 62D-2.014(10).
I need some help from hopefully an attorney in getting the legalese language correct in my letter. Can ANYONE help here?
Reb
American by birth, Southern by choice.
Edit - added to beginning section explaining 790.053
[/size]
Hi folks. I have come across an issue that requires immediate redress here in the State of Florida. In talking to some folks in the Florida section we are going to organize an OC weekend of camping and fishing. In Florida, we are allowed to legally OC for those activities.
"[size="-1"]790.25 Lawful ownership, possession, and use of firearms and other weapons.--
[/size][size="-1"]3)LAWFUL USES.--The provisions of ss. 790.053(this is the section of Florida law prohibiting the open carry of firearms and weapons) and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
[/size][size="-1"](h)A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;"
In 2006, the Florida Legislature passed HR1029c which went into law on October 1, 2006.
"SUMMARY ANALYSIS
Section 790.11, F.S., currently prohibits persons from carrying any gun or firearm of any description within the limits of a national forest area (except during hunting season), without first obtaining a permit. Section 790.12,
F.S. provides that the board of county commissioners of the county where such national forest area is located may grant a special permit for the carrying of firearms. Any person who violates any of the above provisions commits a second degree misdemeanor. In regards to state parks, Department of Environmental Protection Rule 62D-2.014(10), F.A.C., currently prohibits persons from using, carrying, or possessing firearms of any type in any state park unless used for authorized resource management. This bill repeals the statutes prohibiting persons from carrying firearms in national forests, authorizing special permits for the carrying of firearms in national forests, and providing penalties for violations. The bill also directs DEP to amend rule 62D-2.014(10) F.A.C., relating to the prohibition of possessing a firearm in state parks, to allow for the possession of weapons in compliance with all applicable Florida Statutes. The rule shall be amended to indicate that such weapons shall be at all times in the possession of a responsible party or properly secured within or to a vehicle or temporary housing, which includes motor homes, travel trailers,
recreational vehicles, campers, tents, or other enclosed structures, while in state parks.
This bill takes effect October 1, 2006."
So now I go to the applicable DEP rule dated 6/2/2009.
"(10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all state park property, except in Reserves, as authorized by the Florida Fish and Wildlife Conservation Commission. Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent means the weapon shall be secured in a locked container. No person shall use or openly display in any state park weapons such as firearms of any type, air rifles, spring guns, cross bows, bows and arrows, gigs (except in areas where gigs may be legally used for saltwater fishing), sling shots, electronic weapons, devices which fire a dart or projectile, or any other forms of weapons or trapping devices potentially dangerous to wildlife or human safety except when such weapons or traps are used for resource management purposes as authorized in this subsection. Shooting weapons into park areas from beyond park boundaries is prohibited. The Division may authorize the control of nuisance animals and may remove all nuisance or exotic animals from parks by trapping and other necessary means for park resource management purposes. Such authorization shall be in the form of a letter of authorization, license, permit, or contract negotiated by the parties or made pursuant to an advertised bid by the Division. Authorization may be obtained in the same manner as stated in 62D-2.013(7), F.A.C., herein."
So.. my argument is that the state DEP is not in compliance with all Florida statutes in regards to the possession of firearms and other weapns and asking for the immediate redress of DEP 62D-2.014(10).
I need some help from hopefully an attorney in getting the legalese language correct in my letter. Can ANYONE help here?
Reb
American by birth, Southern by choice.
Edit - added to beginning section explaining 790.053
[/size]
