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Discussion Starter #1
Was looking for the specific part in the 790.x florida statues in regards to the legal weight or lack there of no concealed weapon signs.

Can anybody provide any insight backed up by a reference?

If memory serves right they don't mean much here, but I feel like I need to brush up.

Regards,

J
 

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Discussion Starter #4
Thanks guys. Just burned my eyes reading the entire 790. and there is no mention. Whew!


J
 

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a business owner can post a sign and has every right to ask anyone to leave their property as it is private property...they cannot legally enforce no carry but can ask you to leave if they find you are carrying and they do not allow it...if you do not leave they can excersize trespass laws to have you removed...if you are asked to leave you should just leave...there is no argument to support you staying...
 

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Was looking for the specific part in the 790.x florida statues in regards to the legal weight or lack there of no concealed weapon signs.

Can anybody provide any insight backed up by a reference?

If memory serves right they don't mean much here, but I feel like I need to brush up.

Regards,

J
790.06 subsection 12 Florida Statutes listed prohibitted carry locations. This subsection says nothing about signs prohibitting carry. What is clearly discussed in law is your inalienable right to possess a firearm in your vehicle in the parking lot of most establishments (there are some exceptions - see 790.251 FS). Furthermore, the FL Department of Agriculture and Consumer Services web site mentions nothing about signs - and while this is certainly not legally binding, its stands to reason that if such signs had the force of law the State would have commented on it on their public web site. Finally 790.33 FS, preempts regulation of firearms and ammunition by any other entity other then the State.

The bottom line IMO is that they (Wal-mart, etc.) can ask you to leave, but cannot have you arrested if you are found lawfully carrying on their premises.
 

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The law does not mention signs because they have no weight...what sign?:image035:
 

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Signs have no weight in FL. But if a sign is posted and they ask you to leave then you better do it, otherwise you are trespassing.


All the malls have them, and they don't mean a thing...
I have not noticed that malls have them. I will pay more attention next time I go to one :09:
 

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According to Gutmacher in Florida Firearms Law, if you are trespassing and armed, you can be guilty of Armed Trespassing.

To be guilty of trespassing you must either go uninvited into enclosed or posted lands; enter or remain in a structure without express or implied invitation to do so; or, having been warned to leave and refusing to do so.

A sign in a mall (for instance) does not count since they want your business and invite you in (only without your firearm). But, if discovered and told to leave, don't argue. Leave quickly.
 
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According to Gutmacher in Florida Firearms Law, if you are trespassing and armed, you can be guilty of Armed Trespassing.

To be guilty of trespassing you must either go uninvited into enclosed or posted lands; enter or remain in a structure without express or implied invitation to do so; or, having been warned to leave and refusing to do so.

A sign in a mall (for instance) does not count since they want your business and invite you in (only without your firearm). But, if discovered and told to leave, don't argue. Leave quickly.
+1 That's the correct answer.
 
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Part of 790 takes away the right of local municipalities to issue CCL, and to regulate CCL carry. While the state of Florida cannot take away the right of private property owners to ban weapons, the state can give you a permit to carry a weapon anywhere, and all the property owner can do is ask you to leave, should they notice that you’re armed.

That said, should a property owner, or property owners representative ask you to leave, do so ASAP. Or you can be charged with trespass with a firearm. But with limitations to 790.251

Further limitations
(790-12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; 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; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; 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; 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; inside 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 any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
I would advise reading all of 790 and or buying one of the many books on CCL carry legal issues
 

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Signs

But why would you want to disrespect the wishes of these property owners? If they have a no weapons sign either don't carry there or like some people I know, don't patronize their establishment. Whether its a statute or not, your violating their rights of not wanting weapons in their stores, the same right we have fought for to have the right to carry. It goes both ways.
 

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But why would you want to disrespect the wishes of these property owners? If they have a no weapons sign either don't carry there or like some people I know, don't patronize their establishment. Whether its a statute or not, your violating their rights of not wanting weapons in their stores, the same right we have fought for to have the right to carry. It goes both ways.
Actually, he didn't state whether or not he was going to 'disrespect' the signs or not.

He did ask for what the statute says.
 

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According to Gutmacher in Florida Firearms Law, if you are trespassing and armed, you can be guilty of Armed Trespassing.

To be guilty of trespassing you must either go uninvited into enclosed or posted lands; enter or remain in a structure without express or implied invitation to do so; or, having been warned to leave and refusing to do so.

A sign in a mall (for instance) does not count since they want your business and invite you in (only without your firearm). But, if discovered and told to leave, don't argue. Leave quickly.
So being in a park with a gun could constitute as trespassing? Serious question.
 

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For what it's worth, I called the sheriff.

He was 100% honest about not knowing the answer. I told him my cc instructor said signs are meaningless and he said "well if that's what he said that's what it is". "Just use common sense don't let a kid see it or something".

He said "I personally wouldn't carry anywhere with a sign".
 

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Hey! Another ancient thread returned from the grave! :embarassed:
 
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