Florida gun free zone question

Florida gun free zone question

This is a discussion on Florida gun free zone question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A buddy of mine (fellow CCW holder) claims that in locations posted as no firearms allowed AND that sell firearms and / or ammunition, the ...

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Thread: Florida gun free zone question

  1. #1
    Member Array Precision's Avatar
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    Florida gun free zone question

    A buddy of mine (fellow CCW holder) claims that in locations posted as no firearms allowed AND that sell firearms and / or ammunition, the signs have the force of law and one who doesn't see / ignores them could face criminal prosecution merely for carrying there.

    My understanding (but my google-fu is weak today) is that the signs are only suggestions and only if one is spotted and refuses to leave the premises, would face criminal trespass charges. No charges could be filed for having a legal gun (with a legit permit) despite the sign.

    I am not talking about Official Gun Free Zones (Victim Disarmament Zones) like schools, courtrooms, prisons, sterile zone at the airport; only businesses posting "no firearms".

    Could someone help with the appropriate statutes regarding these areas?

    Our point of contention regards Bass Pro Shops.


  2. #2
    VIP Member Array David in FL's Avatar
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    You're right, your buddy is wrong.

    The only places where cc is illegal are those specifically prohibited by statute. Any other business may ask you to leave if they discover you carrying and you must comply. Failure to do so may result in a felony charge of armed trespass......but the type of business or organization has no bearing whatsoever and a posted sign has no legal standing in FL.

    I can't help you with a specific statute regarding cc in someplace that sells guns/ammo for the simple fact that there is none. Chapter 790 of the FL statutes covers Weapons and Firearms, including concealed carry.

    If you (and your buddy) don't already own a copy, I'd highly recommend Jon Gutmacher's book on FL Firearms Law. It's pretty much the bible of Firearms Law in the State. Well worth it, IMHO.

    Florida Firearms -- Law, Use & Ownership BOOK FOR SALE by Author JON H. GUTMACHER, Esq.

    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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    Senior Member Array Cthulhu's Avatar
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    +1 to David in FL

    Gutmacher's book should be required reading for anyone even interested in concealed carry in FL.

    Read the FL Statute Chapter 790, concerning weapons, AND Chapter 776, concerning justifiable use of force. Gutmacher's book is a good reference to make the "Legalese" understandable.

    I am becoming increasingly dismayed at how much BAD information some people are spreading about FL's weapons laws.

    -JT

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    Member Array Precision's Avatar
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    Thanks David.

    I had already read through the 790 statutes and couldn't find anything regarding posting of signs. Do you know of any statutes regarding "no guns" signs? Sort of like the Texas 30.06 law.

    I will most likely pick up Gutmacher's book. Thanks for the link, but it only wanted paypal and I don't do paypal.

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    Senior Member Array Cthulhu's Avatar
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    Try your local gun show. I've also seen it at the better shooting ranges and gun shops.

    -JT

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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by Precision View Post
    Thanks David.

    I had already read through the 790 statutes and couldn't find anything regarding posting of signs. Do you know of any statutes regarding "no guns" signs? Sort of like the Texas 30.06 law.

    I will most likely pick up Gutmacher's book. Thanks for the link, but it only wanted paypal and I don't do paypal.
    You might want to check out your local gunshops or the next gunshow that comes to your part of the State. You can sometimes find the book there. Might be worthwhile calling his office.....they might take a credit card too.


    No statute in FL that addresses signs such as the TX 30.06 signage....... That's exactly why they have no legal standing in FL. By definition, something is only illegal if there's a law against it.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

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    I don't know about your Bass Pro, but the one near my home has a sign that specifically only says that customers of the range must have their guns unloaded and cased, it does not say that concealed weapons are not allowed in the store.

    Also, remember that in Florida it is not just the sterile area of the airport that is a No Carry Zone, but the entire passenger terminal. Guns are only allowed in the passenger terminal if properly secured according to TSA rules for shipment.

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    Member Array Precision's Avatar
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    Quote Originally Posted by GaryV View Post
    I don't know about your Bass Pro, but the one near my home has a sign that specifically only says that customers of the range must have their guns unloaded and cased, it does not say that concealed weapons are not allowed in the store.

    Also, remember that in Florida it is not just the sterile area of the airport that is a No Carry Zone, but the entire passenger terminal. Guns are only allowed in the passenger terminal if properly secured according to TSA rules for shipment.
    I-Drive -- Bass Pro has a sign that says "no firearms". It is a bit more wordy than that, but...

    and thanks for the heads up on the passenger terminal part. I have that part of the statute on my desk at all times, but I glossed over that part. Guess I need to dissect subsection 12. AGAIN.

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    Senior Member Array Cthulhu's Avatar
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    Quote Originally Posted by Precision View Post
    I-Drive -- Bass Pro has a sign that says "no firearms". It is a bit more wordy than that, but...

    and thanks for the heads up on the passenger terminal part. I have that part of the statute on my desk at all times, but I glossed over that part. Guess I need to dissect subsection 12. AGAIN.
    Nothing wrong with that. Better to re-read and be sure than assume and go to the hokey-pokey and lose your license.

    -JT

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    Quote Originally Posted by Precision View Post
    I-Drive -- Bass Pro has a sign that says "no firearms". It is a bit more wordy than that, but...

    and thanks for the heads up on the passenger terminal part. I have that part of the statute on my desk at all times, but I glossed over that part. Guess I need to dissect subsection 12. AGAIN.
    Gander Mountain has a much smarter policy, IMHO.

    They have a sign that says any firearm being brought in for service or as a trade must be unloaded and checked in at the front desk. The sign specifically exempts lawfully carried concealed firearms.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
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    Quote Originally Posted by MattLarson View Post
    Gander Mountain has a much smarter policy, IMHO.

    They have a sign that says any firearm being brought in for service or as a trade must be unloaded and checked in at the front desk. The sign specifically exempts lawfully carried concealed firearms.

    Matt
    Gander Mountain gets it.
    The Brady Bunch might want to send their attorney to GM to buy some of their 'common sense' (could be 'on sale').

    Stay armed...look for sales in FL...stay safe!
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    Distinguished Member Array Tally XD's Avatar
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    Most of the places that have signage saying 'No Firearms Allowed" cannot legally stop you from carrying if you are a licensed concealed carrier. They can have you removed from the property or have you take your weapon back to your vehicle, but it is not illegal to carry and you cannot be cited for carrying. If you refuse, however, to leave or take your concealed weapon back to your vehicle and leave it, you could be cited for some trespassing violations.

    A lot of "no firearms" policies only apply to those who are not licensed to carry, in which case, it would be a felony if you were carrying without a valid permit.

    I went to the North FLorida fairgrounds today to a regular guns show. I carried my XD45acp with me. At the door, the LEO asked if I were armed, I said yes. He asked me to remove and unload my weapon. I did. He kept the magazine and gave me a ticket with which to retrieve it when I was done shopping. He put a zip tie through the barrel and chamber and handed me my weapon back. I holstered it back in my Mtac, concealed with a shirt tail, and went on about my business.

    Kinda silly if you ask me. There I am, walking around with my XD45, standing by row upon row of Georgia Arms ammunition in ziplock bags laying on tables. Anyone with a spare empty mag could load one up real easy and be fully armed again.
    I am consistently on record and will continue to be on record as opposing concealed carry.
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    As usual this depends

    In some states you would be right on. Here in MO, that's the case, and for safety I carry unless I'm in those areas that you noted: hospitals, schools, police stations, etc. However, if I walk into an IHOP or some place like that, I don't even look for the signs. Now, if for some reason I am doing a poor job of concealing and they ask me to leave, I will go else face charges. However, I know that in Kansas this is not the case. If I were to walk into some place like a mall or restaurant or something while carrying and someone called the police I would immediately face misdemeanor charges, there would be no request to leave. So the moral of the story is, know your own states laws (and the other ones you're carrying in too!).

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    Distinguished Member Array Tally XD's Avatar
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    Quote Originally Posted by GCall4 View Post
    In some states you would be right on. Here in MO, that's the case, and for safety I carry unless I'm in those areas that you noted: hospitals, schools, police stations, etc. However, if I walk into an IHOP or some place like that, I don't even look for the signs. Now, if for some reason I am doing a poor job of concealing and they ask me to leave, I will go else face charges. However, I know that in Kansas this is not the case. If I were to walk into some place like a mall or restaurant or something while carrying and someone called the police I would immediately face misdemeanor charges, there would be no request to leave. So the moral of the story is, know your own states laws (and the other ones you're carrying in too!).
    You may well be correct, but the original poster specifically asked about Florida.
    I am consistently on record and will continue to be on record as opposing concealed carry.
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    New Member Array GaryV's Avatar
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    Quote Originally Posted by Precision View Post
    I-Drive -- Bass Pro has a sign that says "no firearms". It is a bit more wordy than that, but...

    and thanks for the heads up on the passenger terminal part. I have that part of the statute on my desk at all times, but I glossed over that part. Guess I need to dissect subsection 12. AGAIN.
    Sorry to hear the store near you has this policy.

    Nothing wrong with re-reading the laws and regs. I refer to parts of Jon Gutmacher's book at least once or twice a month, and read it over cover-to-cover at least twice a year. Not everything sticks the way it should the first time.

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