Perhaps. If the park was leased, we lack case law on that particular situation. It has been suggested that the county cannot extend any rights or privileges to a tenant that it itself does not enjoy. Translated, since the county cannot ban firearms in the park due to preemption, they cannot allow a tenant to do so. However like I said, there isn't any case law on it. We've seen several examples of this, but we need to have money in the coffers to take the issue to court in case we need to appeal or lose. We're still investigating it.
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Prohibited Places?????
- Thread starter Rick H
- Start date
Perhaps. If the park was leased, we lack case law on that particular situation. It has been suggested that the county cannot extend any rights or privileges to a tenant that it itself does not enjoy. Translated, since the county cannot ban firearms in the park due to preemption, they cannot allow a tenant to do so. However like I said, there isn't any case law on it. We've seen several examples of this, but we need to have money in the coffers to take the issue to court in case we need to appeal or lose. We're still investigating it.
im4Christ92
Regular Member
ixtow
Founder's Club Member
I <3 Florida Carry.
Rick H
Regular Member
Could this be construed as to include a church with Sunday School #9
(12)(a) A license issued under this section does not authorize any person to
openly carry a handgun or carry a concealed weapon or firearm into:
1. Any place of nuisance as defined in s. 823.05;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse;
5. 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;
6. Any polling place;
7. Any meeting of the governing body of a county, public school district,
municipality, or special district;
8. Any meeting of the Legislature or a committee thereof;
9. Any school, college, or professional athletic event not related to
firearms;
10. Any elementary or secondary school facility or administration
building;
11. Any career center;
12. 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;
13. 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;
14. The inside of 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
15. Any place where the carrying of firearms is prohibited by federal law.
(12)(a) A license issued under this section does not authorize any person to
openly carry a handgun or carry a concealed weapon or firearm into:
1. Any place of nuisance as defined in s. 823.05;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse;
5. 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;
6. Any polling place;
7. Any meeting of the governing body of a county, public school district,
municipality, or special district;
8. Any meeting of the Legislature or a committee thereof;
9. Any school, college, or professional athletic event not related to
firearms;
10. Any elementary or secondary school facility or administration
building;
11. Any career center;
12. 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;
13. 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;
14. The inside of 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
15. Any place where the carrying of firearms is prohibited by federal law.
Rick H
Regular Member
Now this one is weird to me, does it not say on the 3rd to last that I bold and underlined that if
you or I had arms at home or at our place of business we can open carry anywhere. or am I trying to hard?????
Certain persons under particular circumstances are exempt from the limitations on the open carry
of weapons in s. 790.053, F.S., and the concealed firearm carry licensure requirements in
s. 790.06, F.S., when the weapons and firearms are lawfully owned, possessed, and used. These
persons and circumstances include:
Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air
Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state
and of the United States, when on duty, when training or preparing themselves for military
duty, or while subject to recall or mobilization;
Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State
Constitution, under chs. 250 and 251, F.S., and under federal laws, when on duty or when
training or preparing themselves for military duty;
Persons carrying out or training for emergency management duties under ch. 252, F.S.;
Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers,
game wardens, revenue officers, forest officials, special officers appointed under the
provisions of ch. 354, F.S., and other peace and law enforcement officers and their deputies
and assistants and full-time paid peace officers of other states and of the Federal Government
who are carrying out official duties while in this state;
Officers or employees of the state or United States duly authorized to carry a concealed
weapon;
Guards or messengers of common carriers, express companies, armored car carriers, mail
carriers, banks, and other financial institutions, while actually employed in and about the
shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of
value within this state;
Regularly enrolled members of any organization duly authorized to purchase or receive
weapons from the United States or from this state, or regularly enrolled members of clubs
organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or
regularly enrolled members of clubs organized for modern or antique firearms collecting,
while such members are at or going to or from their collectors’ gun shows, conventions, or
exhibits;
A person engaged in fishing, camping, or lawful hunting or going to or returning from a
fishing, camping, or lawful hunting expedition;
A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the
agent or representative of any such person while engaged in the lawful course of such
business;
A person firing weapons for testing or target practice under safe conditions and in a safe
place not prohibited by law or going to or from such place;
A person firing weapons in a safe and secure indoor range for testing and target practice;
A person traveling by private conveyance when the weapon is securely encased or in a public
conveyance when the weapon is securely encased and not in the person’s manual possession;
A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise,
from the place of purchase to his or her home or place of business or to a place of repair or
back to his or her home or place of business;
A person possessing arms at his or her home or place of business; and
Investigators employed by the public defenders and capital collateral regional counsel of the
state, while actually carrying out official duties.
6
you or I had arms at home or at our place of business we can open carry anywhere. or am I trying to hard?????
Certain persons under particular circumstances are exempt from the limitations on the open carry
of weapons in s. 790.053, F.S., and the concealed firearm carry licensure requirements in
s. 790.06, F.S., when the weapons and firearms are lawfully owned, possessed, and used. These
persons and circumstances include:
Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air
Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state
and of the United States, when on duty, when training or preparing themselves for military
duty, or while subject to recall or mobilization;
Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State
Constitution, under chs. 250 and 251, F.S., and under federal laws, when on duty or when
training or preparing themselves for military duty;
Persons carrying out or training for emergency management duties under ch. 252, F.S.;
Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers,
game wardens, revenue officers, forest officials, special officers appointed under the
provisions of ch. 354, F.S., and other peace and law enforcement officers and their deputies
and assistants and full-time paid peace officers of other states and of the Federal Government
who are carrying out official duties while in this state;
Officers or employees of the state or United States duly authorized to carry a concealed
weapon;
Guards or messengers of common carriers, express companies, armored car carriers, mail
carriers, banks, and other financial institutions, while actually employed in and about the
shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of
value within this state;
Regularly enrolled members of any organization duly authorized to purchase or receive
weapons from the United States or from this state, or regularly enrolled members of clubs
organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or
regularly enrolled members of clubs organized for modern or antique firearms collecting,
while such members are at or going to or from their collectors’ gun shows, conventions, or
exhibits;
A person engaged in fishing, camping, or lawful hunting or going to or returning from a
fishing, camping, or lawful hunting expedition;
A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the
agent or representative of any such person while engaged in the lawful course of such
business;
A person firing weapons for testing or target practice under safe conditions and in a safe
place not prohibited by law or going to or from such place;
A person firing weapons in a safe and secure indoor range for testing and target practice;
A person traveling by private conveyance when the weapon is securely encased or in a public
conveyance when the weapon is securely encased and not in the person’s manual possession;
A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise,
from the place of purchase to his or her home or place of business or to a place of repair or
back to his or her home or place of business;
A person possessing arms at his or her home or place of business; and
Investigators employed by the public defenders and capital collateral regional counsel of the
state, while actually carrying out official duties.
6
mine meets in a private christian school...
the sign wasn't attached to the fence, so i'm assuming it was the people who rented the fields that put it up...
but just because they are renting it doesn't make it private property...correct?
Last edited:
mrjam2jab
Regular Member
Taking into account #10....I read #9 as
9. Any school athletic event, college athletic event, or professional athletic event not related to
firearms;
That's precisely what we don't have case law on. Back in April, I attended an outdoor concert sponsored by a local radio station that was held in a Fort Myers city-owned park. The promoter hired private security, and instituted a no weapons zone, complete with pat-down and wanding. I asked Fort Myers city PD about the policy, and their contention was that the promoter was free to institute their own rules during the period of the lease, which was the day of the concert. I've spoken to lawyer about it, and although his contention is that the city cannot confer a privilege to a renter that they themselves do not enjoy, there is no case law on point. We will be addressing this in the future, but we are concentrating on overt preemption violations for the immediate future.