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Discussion Starter · #1 ·
My reading of the law allows for carry in the "non sterile" area of an airport, but I was picking up someone at the airport in Tallahassee and saw signage on the doors that stated "no weapons" and had a image of a revolver with a red line through it. I thought that this prevented municipalities from doing so,

790.33 Field of regulation of firearms and ammunition preempted.--
(1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto.


I am just wondering, I checked the NRA site and they show that the TSA is considering a ban, but I didnt find anything saying that was already the case...
http://www.nraila.org/Legislation/Federal/Read.aspx?id=4131&issue=

Anyone have any insights? That airport is so small I just stayed in the truck outside the baggage claim and waited there.
 

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There was a recent thread regarding a Georgia state rep getting into a tussle with the mayor of Atlanta regarding concealed carry in the Atlanta airport.

The states (FL and GA) allow concealed carry in the non-sterile area. You may have some over overly aggressive locals who think they can override the state law. The federal agencies may eventually step in and overrule the state laws.
 

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There was a recent thread regarding a Georgia state rep getting into a tussle with the mayor of Atlanta regarding concealed carry in the Atlanta airport.

The states (FL and GA) allow concealed carry in the non-sterile area. You may have some over overly aggressive locals who think they can override the state law. The federal agencies may eventually step in and overrule the state laws.
Whoa there, fellas. FL does NOT allow carry in the non-sterile areas of the passenger terminal any longer.

790.06(12):
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;
The original 790.06 did not prohibit carry in the non-sterile areas of the passenger terminal. This verbiage was amended some time ago.

The GA situation is in court. As of this writing, the judge in the case refused to issue an injunction, so carry at the airport is still prohibited.
 

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Discussion Starter · #4 · (Edited)
I am not sure I see what you are saying. The lanuage you cite,
790.06(12):
Quote:
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;

that seems to refer only to the "sterile area" and the passenger terminal. I am confused as to how you reached that conclusion. Could you clarify? Thanks. I dont venture to the airport much so it is not a pressing issue for me at least.
 

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I think you can probably forget about carrying into an airport anywhere in the not-too-distant future...the TSA isn't going to let any puny state laws interfere with its absolute domination of "aviation security". :doh
 

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I checked Gutmacher's book for clarification, as it seems to be the best clarification on the Florida law. In Chapter 5, p. 67, Item 9, he states in regard to locations we CANNOT carry under conditions of our license...

9. Inside the passenger portion of any airline terminal AND the "sterile area" of any airport. (ie: the x-ray machine checkpoint and beyond) Usually the area reserved for the passengers making flight departures, or arrivals.

However, there is an exception for anyone who is a passenger, is in the terminal (but not the sterile area) and is carrying a firearm for shipment as baggage on an airline so long as the firearm is already unloaded, and encased in a locked container.

In a nutshell, no carry once you walk through the glass doors unless you are checking the gun on a flight you are taking.
 

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Rvrctyrngr and FLRon are right - you cannot carry ANYWHERE in the passenger terminal of an airport in Florida. The reason why there is an exception in the law for properly encased firearms in the terminal for shipment is because the terminal is otherwise off-limits.
 

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I am not sure I see what you are saying. The lanuage you cite,
790.06(12):
Quote:
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;

that seems to refer only to the "sterile area" and the passenger terminal. I am confused as to how you reached that conclusion. Could you clarify? Thanks. I dont venture to the airport much so it is not a pressing issue for me at least.
Sorry, tallyglock, I whacked off part of the sentence (was rushing to another @#[email protected]%@% meeting).

FLRON has it listed above. The prohibition is for the 'passenger terminal AND sterile area'. Basically, that leaves the parking lot. As previously stated, it did not used to be this way. The statute was changed (though I do not know when off the top of me noggin). LOTS of folks that have had their CWFL for a long time still believe that carry in the non-sterile areas is still fine...it is NOT!
 

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I have also heard the the Fort Lauderdale airport folks/security consider the perimeter roads around the airport as a non-carry zone. Don't know how true that is but would be interested in hearing other folks response on that one.
 

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I have found in the year that I have concealed carry here in Florida that the airports and the post office present two instances where I find the laws cumbersome and somewhat illogical.

When I recently had to pick up a friend at MIA, i was forced to choose between leaving a firearm in my car parked in a rather empty parking lot with no supervision or security anywhere around, and breaking the law by waiting in the terminal area with a gun in my pocket.

Same thing happens when I stand on line at the Post Office. Is the safety and security of my firearm better protected, not to mention the entire question of personal protection, when we are forced to leave our weapons in our cars?

I take the responsibility of protecting my weapon seriously, so to me it is difficult to leave a weapon in a car and hope for the best.

Just curious as to what the other members suggest? Perhaps one of those auto firearm safes seem to be the best option?
 

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I have found in the year that I have concealed carry here in Florida that the airports and the post office present two instances where I find the laws cumbersome and somewhat illogical.

When I recently had to pick up a friend at MIA, i was forced to choose between leaving a firearm in my car parked in a rather empty parking lot with no supervision or security anywhere around, and breaking the law by waiting in the terminal area with a gun in my pocket.

Same thing happens when I stand on line at the Post Office. Is the safety and security of my firearm better protected, not to mention the entire question of personal protection, when we are forced to leave our weapons in our cars?

I take the responsibility of protecting my weapon seriously, so to me it is difficult to leave a weapon in a car and hope for the best.

Just curious as to what the other members suggest? Perhaps one of those auto firearm safes seem to be the best option?
I agree, and it really ticks me off that I have to do this. I have a small lockbox mounted in the trunk, and I've disabled the remote trunk release, so anyone wanting the gun will have to defeat two locks. I unholster in the car, and wrap the gun in a cloth so that its shape is disguised.
 

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Whoa there, fellas. FL does NOT allow carry in the non-sterile areas of the passenger terminal any longer.

790.06(12):


The original 790.06 did not prohibit carry in the non-sterile areas of the passenger terminal. This verbiage was amended some time ago.
I thought the passenger terminals were inside the sterile area. I thought the non-sterile areas were stuff like baggage claim, ticketing, etc.

Seems I was wrong.
 

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Discussion Starter · #15 ·
I thought the passenger terminals were inside the sterile area. I thought the non-sterile areas were stuff like baggage claim, ticketing, etc.

Seems I was wrong.
That was my understanding too, that is what generated my confusion. The thing is, I have been to that same airport on a number of occasions, all post 911, and the signs on the doors were not there. At the time, I believed that I was legal carrying in the ticketing and baggage claim areas. At this point I think that I will enjoy the benefits of a small regional airport and stay in the truck circling. I have no desire to be arrested and lose my CWL, whether my original interpretation was accurate or not...

The definition of the "sterile area" is what I need clarification on, then again, the definition of passenger terminal that the legislature used is important too.

from 790.001:

(18) "Sterile area" means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.

wouldn't that mean past the X-ray and metal detectors, which you need a boarding pass to get through anyway?

My whole question came from the desire not to disarm when picking up someone from the airport. I agree with and completely understand the need to strictly control firearms inside the passenger terminal and ultimately within the pressurized cabin of an airplane 5 miles up in the air. Enough said by this guy. For now at least :) Sorry to be so long winded.
 

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That was my understanding too, that is what generated my confusion. The thing is, I have been to that same airport on a number of occasions, all post 911, and the signs on the doors were not there. At the time, I believed that I was legal carrying in the ticketing and baggage claim areas. At this point I think that I will enjoy the benefits of a small regional airport and stay in the truck circling. I have no desire to be arrested and lose my CWL, whether my original interpretation was accurate or not...

The definition of the "sterile area" is what I need clarification on, then again, the definition of passenger terminal that the legislature used is important too.

from 790.001:

(18) "Sterile area" means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.

wouldn't that mean past the X-ray and metal detectors, which you need a boarding pass to get through anyway?

My whole question came from the desire not to disarm when picking up someone from the airport. I agree with and completely understand the need to strictly control firearms inside the passenger terminal and ultimately within the pressurized cabin of an airplane 5 miles up in the air. Enough said by this guy. For now at least :) Sorry to be so long winded.
Sterile area is defined...the area past security. Unfortunately, 'passenger terminal' is not defined in the context of this statute (it is for another statute dealing with alcohol sales).

The statute clearly states 'the passenger terminal AND sterile area (of the passenger terminal). Parentheses/italics mine for clarification. The original verbiage stated 'inside the sterile area of any airport', which was pretty clear, and I carried in the non-sterile areas a bazillion times before it was changed.

What makes it clear as to the meaning of 'passenger terminal' is the exception for having firearms in your luggage to check through to your destination. You have to be in the 'passenger terminal' to check your luggage. Make sense?

If you don't want to break the law when picking up someone at the airport, don't go in the building...pick them up out front.

To Red Dawg, I think Lauderdamndale is stretching things a bit. Consult your attorney. I don't really care what they 'consider' to be no-carry zones, it is what's in the statute that matters, which does not say anything about 'the roads around Ft. Lauderdamndale Airport'. :D

Don't guess at this stuff, guys. I and others can provide answers based upon having dealt with these statutes for over 20 years, but that and a quarter will get you a phone call from the jail. Make an appointment with an attorney in your area well versed with 790 and other applicable statutes. Pay for the hour, and show up with your list of questions. Small price to pay for your peace of mind.
 

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Discussion Starter · #17 ·
What makes it clear as to the meaning of 'passenger terminal' is the exception for having firearms in your luggage to check through to your destination. You have to be in the 'passenger terminal' to check your luggage. Make sense?

If you don't want to break the law when picking up someone at the airport, don't go in the building...pick them up out front.
That is the conclusion that I have already reached. I will stay in the vehicle or park it and secure it.
 

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Whats going to be a real problem is if they ban guns totally from the property like TSA is trying to do in i believe it was georgia.seems like they are going in steps i thin it was earlier this year when they restricted the terminal portion if im wrong please correct me now they are looking at the entire property which creates a problem so main question are they going to be held responsible if anything happens after you leave the airport and can not defend yourself?
 

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Whats going to be a real problem is if they ban guns totally from the property like TSA is trying to do in i believe it was georgia.seems like they are going in steps i thin it was earlier this year when they restricted the terminal portion if im wrong please correct me now they are looking at the entire property which creates a problem so main question are they going to be held responsible if anything happens after you leave the airport and can not defend yourself?
In a word --- no. They are never responsible for anything that happens. Just call 911 ... :)
 

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Even if the TSA bans weapons from all airport property, how will they enforce it? Are they going to search every vehicle that enters the property? Hell, they don't even have the resources to keep the cars from getting broken into in the parking lots. :thumbsdwn
 
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