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Thread: "Carry" vs. "Combat" Handguns

  1. #151
    Site Supporter Hambo's Avatar
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    Quote Originally Posted by Fire-Medic View Post
    I guess I have some reading to do. So they took a knife from me (almost) talked my way into storing it in a locker, but CCW is allowed? I was under the impression that in places where the masses gather for entertainment, such as a concert, them park, etc, CCW was not allowed.......
    Read the statutes. Theme parks are not on the no-go list and signs do not have the force of law they do in other states. They can ask you to leave and if you fail to do so you can be charged with trespass.

    http://www.leg.state.fl.us/statutes/...s/0790.06.html

  2. #152
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    Quote Originally Posted by Hambo View Post
    Read the statutes. Theme parks are not on the no-go list and signs do not have the force of law they do in other states. They can ask you to leave and if you fail to do so you can be charged with trespass.

    http://www.leg.state.fl.us/statutes/...s/0790.06.html
    Thanks for the link, much appreciated.
    Energy goes where attention flows.

  3. #153
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    Quote Originally Posted by Fire-Medic View Post
    I guess I have some reading to do. So they took a knife from me (almost) talked my way into storing it in a locker, but CCW is allowed? I was under the impression that in places where the masses gather for entertainment, such as a concert, them park, etc, CCW was not allowed.......
    Yes, you need to study Florida Statutes section 790. Nothing that you mention above is correct regarding where one is prohibited from carrying a concealed weapon in Florida.

    The situation you describe at the amusement park is covered under FS 810.08

  4. #154
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    Quote Originally Posted by Hambo View Post
    signs do not have the force of law they do in other states.
    I would disagree with that. FS 810.08 starts with "(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance...." (underline added)

    If there is a sign that says firearms are prohibited, it would stand to reason that you've been told that you are not authorized to enter the premises with a firearm. Just ignoring the sign means you are in violation of 810.08 (1). And since you are in posession of a firearm when you do so, the felony provision of 810.08 (2) (c) applies.

    I am not a lawyer, though.

  5. #155
    Member Fire-Medic's Avatar
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    Quote Originally Posted by Alpha Sierra View Post
    Yes, you need to study Florida Statutes section 790. Nothing that you mention above is correct regarding where one is prohibited from carrying a concealed weapon in Florida.

    The situation you describe at the amusement park is covered under FS 810.08
    Thank you I appreciate the education.
    Energy goes where attention flows.

  6. #156
    Supporting Business NH Shooter's Avatar
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    Quote Originally Posted by OrigamiAK View Post
    I think there's a wide range of pretty reasonable choices that people might make in deciding on the gear they want to carry around.
    Agreed (I'm still following the thread).

  7. #157
    Site Supporter Hambo's Avatar
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    Quote Originally Posted by Alpha Sierra View Post
    I would disagree with that. FS 810.08 starts with "(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance...." (underline added)

    If there is a sign that says firearms are prohibited, it would stand to reason that you've been told that you are not authorized to enter the premises with a firearm. Just ignoring the sign means you are in violation of 810.08 (1). And since you are in posession of a firearm when you do so, the felony provision of 810.08 (2) (c) applies.

    I am not a lawyer, though.
    I'm not either, but I've read what FL firearms attorneys have to say. The point I made is that Florida is unlike Texas. "No firearms" signs in Texas mean that the statute, not the owner, prohibits you from carrying a firearm on the premises. That is not the case in Florida, however you correctly cite the trespass statute, which says in full:

    "Trespass in structure or conveyance.—
    (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance."

    What the attorneys say is that you have the legal right to enter any business, and that signs saying "no guns" do not affect that right. However, if you get made and the owner tells you to leave, and then you fail to leave, 810.08 kicks in. According to attorneys, hospitals with or without signage are a problem even though they're not on the prohibited list.

    If you want to discuss this further the admin could chop this off and put it in an appropriate subforum.

  8. #158
    Member Fire-Medic's Avatar
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    Quote Originally Posted by Hambo View Post
    I'm not either, but I've read what FL firearms attorneys have to say. The point I made is that Florida is unlike Texas. "No firearms" signs in Texas mean that the statute, not the owner, prohibits you from carrying a firearm on the premises. That is not the case in Florida, however you correctly cite the trespass statute, which says in full:

    "Trespass in structure or conveyance.—
    (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance."

    What the attorneys say is that you have the legal right to enter any business, and that signs saying "no guns" do not affect that right. However, if you get made and the owner tells you to leave, and then you fail to leave, 810.08 kicks in. According to attorneys, hospitals with or without signage are a problem even though they're not on the prohibited list.

    If you want to discuss this further the admin could chop this off and put it in an appropriate subforum.
    If that was done I would follow the thread through its entirety as this interest me.
    Energy goes where attention flows.

  9. #159
    Site Supporter Palmguy's Avatar
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    Quote Originally Posted by Hambo View Post
    I'm not either, but I've read what FL firearms attorneys have to say. The point I made is that Florida is unlike Texas. "No firearms" signs in Texas mean that the statute, not the owner, prohibits you from carrying a firearm on the premises. That is not the case in Florida, however you correctly cite the trespass statute, which says in full:

    "Trespass in structure or conveyance.—
    (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance."

    What the attorneys say is that you have the legal right to enter any business, and that signs saying "no guns" do not affect that right. However, if you get made and the owner tells you to leave, and then you fail to leave, 810.08 kicks in. According to attorneys, hospitals with or without signage are a problem even though they're not on the prohibited list.

    If you want to discuss this further the admin could chop this off and put it in an appropriate subforum.
    This is what I've always understood to be correct and, if I'm not mistaken, is pretty much what Gutmacher has to say on the issue (it's been awhile since I've looked, though).

    With respect to Disney, I've been there quite a bit this year, and do not recall seeing any signs at any of the four parks. It's been years since I've been to Universal, but same thing there.

  10. #160
    Member Fire-Medic's Avatar
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    Has something changed since this happened:

    http://articles.orlandosentinel.com/...lorida-gun-law
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