[Wardey]

Hello all. Newbie to the site here. Great forum !!! I have had a CCW permit for over 10 years and still have not found some answers for questions I have asked the Fl. Dept. Agriculture & Consumer Services, Local Sherrifs Dept., and the Fl. Govt. (they told me to ask a lawer ???) LOL.....Anyhow, the questions :

1. Can you CC at an auditorium (not school) say for concerts an events ? Say for a show or my daughters cheerleading events. (again, not school.)
2. What descibes a "Place of Nuisance " ?
3. Parades or festivals? City block/street parties? Alcohol is served.

Thank you. Dave

 

[airhead]

read through this post:

http://floridaconcealedcarry.com/Forum/showthread.php?t=493

And this one:

http://floridaconcealedcarry.com/Forum/showthread.php?t=662

as to the block party:
guns and alcohol do not mix.

 

[Wardey]

Thank you. I agree, Alcohol and Guns do not mix but you can not help the actions of others. For instance, we were at our local town St. Patricks Day party. The town blocks off the street where they have a band and Budweiser parks their truck and sells beer and the local resturaunts sell alchol to carry out into the street. LE is there. I am CC and not drinking, but was wondering if I was leagl or not. I do not drink and carry. Dave

 

[SuperTrkrE2812]

Thank you. I agree, Alcohol and Guns do not mix but you can not help the actions of others. For instance, we were at our local town St. Patricks Day party. The town blocks off the street where they have a band and Budweiser parks their truck and sells beer and the local resturaunts sell alchol to carry out into the street. LE is there. I am CC and not drinking, but was wondering if I was legal or not. I do not drink and carry. Dave

I would have to say that you are legal to carry, as long as you are not partaking of the fermented juice. When we have parades and such here, i definately carry.
As far as your daughters cheerleading stuff, I dont know about that. I would think it would fall under a school event because being a cheerleader is directly involved with schools, and as such, cheerleaders are representing their school at any cheerleading event, and the school would have to ok the event because they own the cheerleading outfits.

just my lowly .02 cents worth, and i ain't a lawer.

 

[Speve]

a place of nuisance is any site of illegal activity, like a crack house

it is not illegal to drink while carrying, just dont get drunk. Block parties are not illegal, as long as you are not at a "bar". and cheerleading events would be off-limits, even if its non-school related cheerleading because that is considered a sporting event, i believe.

parades and festivals would be fine, once again tho, just dont sit at any bars

 

[Wardey]

a place of nuisance is any site of illegal activity, like a crack house

it is not illegal to drink while carrying, just dont get drunk. Block parties are not illegal, as long as you are not at a "bar". and cheerleading events would be off-limits, even if its non-school related cheerleading because that is considered a sporting event, i believe.

parades and festivals would be fine, once again tho, just dont sit at any bars

The cheerleading events are not school related and are not held upon school grounds. The way I read the law it say's "Proffesional Sporting Events" ???? Dave

 

[Wardey]

Also, I know that there is a hold on CC in Federal Parks but how about Florida State Parks? Thanks, Dave

 

[Speve]

its legal in both

 

[Glock23-4-Me]

a place of nuisance is any site of illegal activity, like a crack house

A place of nuisance is also a XXX store. Don't ask me how I know :rolf:rolf


The 2008 Florida Statutes

Title XLVI
CRIMESChapter 823
PUBLIC NUISANCESView Entire Chapter823.05 Places and groups engaged in criminal gang-related activity declared a nuisance; may be abated and enjoined.-- (1) Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures, and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.

 

[Wardey]

Dave

 

[fridaddy]

First, not recommending it, but I do not car how much you drink there is no prohibition on being drunk and carrying in FL, just drunk and using it, with a self defense exception.

Second. Fed parks are on hold for now as of last week. There is another thread on this topic.

 

[Rvrctyrngr]

The cheerleading events are not school related and are not held upon school grounds. The way I read the law it say's "Proffesional Sporting Events" ???? Dave

Actually it says "any school, college, or professional athletic event not related to firearms". Venue doesn't matter.

Whether or not your daughter's cheerleading competitions are a 'school athletic event', I'll leave up to you.

 

[YARDDOG]

IF it was in jax collisem I'd carry at least a pocket peace

 

[deadeyedick]

If it's Pee Wee cheerleading or some other similar organization then it's not school affiliated.

 

[FloridaSon]

to add, also cannot even hold the gun in your hand (except for self defense) while under:

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

 

[deadeyedick]

Well thanks for ruining New Year's Eve and the 4th of July. :rolf

 

[Rvrctyrngr]

Well thanks for ruining New Year's Eve and the 4th of July. :rolf

I figured that was you!

 

[rolyat63]

The following text is extracted from FS 790. Guns and Alcohol do not mix but it is not illegal and the legislature saw fit to make sure it was addressed.

790.157 Presumption of impairment; testing methods.--

(1) It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or chemical or physical analysis of the person's breath, shall give rise to the following presumptions:

(a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(c) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.