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Thread: State Park Carry

  1. #1
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    State Park Carry

    I know this has been beat to death, but every State Park page I visit, most say "no firearms". Since this restriction is NOT in the Florida Statue 790, why do they all continue to post these signs? Does the local law enforcement/ FWC know the real law? I guess I could make some phone calls to my LEO friends. Kevin.

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    Senior Member MiklColt45's Avatar
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    Quote Originally Posted by AK-Kev View Post
    I know this has been beat to death, but every State Park page I visit, most say "no firearms". Since this restriction is NOT in the Florida Statue 790, why do they all continue to post these signs? Does the local law enforcement/ FWC know the real law? I guess I could make some phone calls to my LEO friends. Kevin.
    Why? Because they are ignorant of the law, or downright liars.
    I will assume the first, while being suspicious of the second.

    Most of them know the law. Not all, I would guess.

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    Actually, the Division of Recreation and Parks does have the authority to ban firearms from state parks under FSS 258.007, their rule making authority. It is specifically prohibited in fac62d-2 [ 62D-2.014 Activities and Recreation. section 10] [link below]:

    (10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all park property, except in Reserves,
    as authorized by the Florida Fish and Wildlife Conservation Commission. No person shall use, carry, or possess in any park
    weapons such as firearms of any type, air rifles, spring guns, bows and arrows, gigs (except in areas where gigs may be legally used
    for saltwater fishing), sling shots, 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
    into park areas from beyond park boundaries is prohibited. Any device which is employed to kill, immobilize, or capture any
    wildlife or any device otherwise used in violation of this chapter shall be seized and confiscated by law enforcement officers. The
    Division may authorize the control of nuisance animals and may remove all exotic animals from parks by trapping and other
    necessary means for park resource management purposes. Such authorization shall be in the form of a 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 subsection 62D-2.013(7), F.A.C., herein.

    http://www.dep.state.fl.us/Law/docum...k/fac62d-2.pdf

    FSS 790 specifically reserves the right to control firearms to the State of Florida, of which DEP is a part. And the state legislature has empowered them to make such rules as are necessary to manage state parks. Unlike counties and cities, possession of firearms in a state park not only can be restricted, it has been. And it carries the weight of law.

    Check me on this, please. But I think that I would respect the no firearms signs at state parks.
    Last edited by Mac45; 07-24-2009 at 11:36 AM.

  4. #4
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by Mac45 View Post
    Actually, the Division of Recreation and Parks does have the authority to ban firearms from state parks under FSS 258.007, their rule making authority. It is specifically prohibited in fac62d-2 [ 62D-2.014 Activities and Recreation. section 10] [link below]:

    (10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all park property, except in Reserves,
    as authorized by the Florida Fish and Wildlife Conservation Commission. No person shall use, carry, or possess in any park
    weapons such as firearms of any type, air rifles, spring guns, bows and arrows, gigs (except in areas where gigs may be legally used
    for saltwater fishing), sling shots, 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
    into park areas from beyond park boundaries is prohibited. Any device which is employed to kill, immobilize, or capture any
    wildlife or any device otherwise used in violation of this chapter shall be seized and confiscated by law enforcement officers. The
    Division may authorize the control of nuisance animals and may remove all exotic animals from parks by trapping and other
    necessary means for park resource management purposes. Such authorization shall be in the form of a 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 subsection 62D-2.013(7), F.A.C., herein.

    http://www.dep.state.fl.us/Law/docum...k/fac62d-2.pdf

    FSS 790 specifically reserves the right to control firearms to the State of Florida, of which DEP is a part. And the state legislature has empowered them to make such rules as are necessary to manage state parks. Unlike counties and cities, possession of firearms in a state park not only can be restricted, it has been. And it carries the weight of law.

    Check me on this, please. But I think that I would respect the no firearms signs at state parks.
    Essentially correct, Mac, but that rule was rescinded/changed in 2006. Carry in State Parks, National Forests and WMAs is perfectly legal in accordance with the updated DEP rules and Florida Statutes (sorry, no time to find a link for you). The applicable DEP rule is 62D-2.014 Activities and Recreation.

    The signs are there basically because the DEP is either too lazy to have them removed, or doesn't want to spend the money to have new ones made.
    Last edited by Rvrctyrngr; 07-24-2009 at 12:03 PM.
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    RCR,

    according to DEP's current website, this is the current section. Let me know if you find where it says anything different or shows where 62D-2.014 Activities and Recreation sub-section 10 has been rescinded.

    Thanks.

  6. #6
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    http://www.dep.state.fl.us/legal/Rul...2d-2/62d-2.pdf

    See page 8. Document states all contained rules effective 06 02 09..

    "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."
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    Chapter 2006-103, Laws of Florida (House Bill 1029) was signed into law on June 7, 2006 and reads in part:

    Section 3. The Department of Environmental Protection shall amend
    rule 62D-2.014(10), Florida Administrative Code, to allow 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 shall include motor homes, travel trailers,
    recreational vehicles, campers, tents, or other enclosed structures, while in
    state parks.
    Section 4. This act shall take effect October 1, 2006.

  8. #8
    Junior Member soleil's Avatar
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    IIRC open carry or use is still prohibited but concealed carry with a CWFL is allowed. You are only allowed to carry a handgun in WMAs if you have a CWFL and it is concealed. I could be wrong as gray areas always seem to pop up. All I know is all my EDC stuff goes with me in State and Federal parks in Fl. due to my CWFL.
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    Thank you, gentlemen for providing more timely info. I stand corrected.

  10. #10
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    According to Florida Statute 790.01 (3), laws which forbid the carrying of a concealed weapon " does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06. "

    According to Florida Statute 790.06, which defines where a person possessing a Florida Concealed Weapon and Firearm License CANNOT carry a firearm, Florida State Parks are NOT on that list.

    Thus a person with a Florida Concealed Weapon and Firearm License may carry their concealed firearm in a Florida State Park.

    http://www.flsenate.gov/Statutes/ind...n%2001#0790.01

    790.01 Carrying concealed weapons.--

    1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

    http://www.flsenate.gov/Statutes/ind...n%2006#0790.06

    790.06 License to carry concealed weapon or firearm.--

    (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.
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