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Discussion Starter · #1 ·
Apart from the place listed in the Florida statute, can you conceal carry in places that have a sign that says "no weapons allowed". I have read that some states have signs that legally don't allow you to carry a weapon in that particular place of business. Does Florida have such a law?
 

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My understanding is that you can ignore those signs. If you are discovered to have a weapon on you and are asked to leave, you must vacate immediately or risk being charged with armed trespass.

This topic is covered in Mr. Gutmacher's book but I dont ahve it close at hand to reference a page in particular. I highly recommend picking up a copy for anyone in FL with a CCW or thinking of getting a CCW.

FLSig
 

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My understanding is that you can ignore those signs. If you are discovered to have a weapon on you and are asked to leave, you must vacate immediately or risk being charged with armed trespass.

This topic is covered in Mr. Gutmacher's book but I dont ahve it close at hand to reference a page in particular. I highly recommend picking up a copy for anyone in FL with a CCW or thinking of getting a CCW.

FLSig
+1 . This is what I like about Florida carry laws. Anyone can post a "no weapons allowed " sign but as long as your not made then you can just ignore it.
 

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My understanding is that you can ignore those signs. If you are discovered to have a weapon on you and are asked to leave, you must vacate immediately or risk being charged with armed trespass.

This topic is covered in Mr. Gutmacher's book but I dont ahve it close at hand to reference a page in particular. I highly recommend picking up a copy for anyone in FL with a CCW or thinking of getting a CCW.

FLSig
This is essentially correct.

Don't ask...don't tell.
 

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Hummmmm what sign? I'm too busy looking for the tweakers to actually read a stupid sign on the door that can't harm me or my family.
 

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I think I'm gonna jump on the band wagon and say i agree the sign says no firearms. which i think is a load of #$%&* but hey i'll say the same if you go in and get pegged and they ask yo to leave doit fast. dont argue cause yes they could get you for armed tresspass. by the way licensed or not GET THE BOOK. may save your Butt one day www.floridafirearmslaw.com
 

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This is the beauty of Florida law versus a state like Texas where once a no weapon sign has been posted you can't violate it. In Florida you pretty much go wherever you want as long as its not on the no go list in the Florida carry laws. Its hard to protect yourself when there are a bunch of signs that say no guns allowed. Thats just telling the bad guys that there are a bunch if victims just waiting to be terrorized. I say conceal it well and proceed.
 

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This is the beauty of Florida law versus a state like Texas where once a no weapon sign has been posted you can't violate it. In Florida you pretty much go wherever you want as long as its not on the no go list in the Florida carry laws. Its hard to protect yourself when there are a bunch of signs that say no guns allowed. Thats just telling the bad guys that there are a bunch if victims just waiting to be terrorized. I say conceal it well and proceed.
I think the TX signs have to comply to size, lettering, and placement requirements, and if the sign doesn't meet those requirements, the sign is invalid and doesn't 'count'.

Thankfully, we don't have to deal with any of that silliness in FL :)

Just conceal responsibly and legally, and you'll be fine. Don't do what some goof did at a local Staples and leave your pistol in a paper sack at the register.

I only wish I had made that up.

-JT
 

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What about places like Disney World, Universal Studios, or Busch Gardens?
 

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What about places like Disney World, Universal Studios, or Busch Gardens?
The presence of the sign itself doesn't make it illegal to carry in those places. However, if they somehow discover you're carrying and you don't leave when they ask you to (and they will), THEN you're trespassing.

-JT
 

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What if you leave, store you weapon in a car/e-vault, then can you return?
 

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The presence of the sign itself doesn't make it illegal to carry in those places. However, if they somehow discover you're carrying and you don't leave when they ask you to (and they will), THEN you're trespassing.

-JT
Armed CRIMINAL Trespass... :eek:

RedDawg...if you stow your gun...whether you can return is discretionary. The company may not want you to return THAT day...but legally...they can not stop you unless the have a trespass warrant issued...in which case you aren't welcome back...ever....

That said...and as it's been said...it is concealed carry...I have never been "caught"...and I work to keep it that way.
 

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SingleStack45, Thanks.
 

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Armed CRIMINAL Trespass... :eek:

RedDawg...if you stow your gun...whether you can return is discretionary. The company may not want you to return THAT day...but legally...they can not stop you unless the have a trespass warrant issued...in which case you aren't welcome back...ever....

That said...and as it's been said...it is concealed carry...I have never been "caught"...and I work to keep it that way.
I believe the new bill (hr503) prevents any discrimination toward anyone leaving thier firearm in thier car locked up supposedly goes for bussinesses store owner employers bill supposed to be sign in to effect july 1.2008
 

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All the replies have been right on the mark!! :thumsup

Florida is a GREAT state compared to others when it comes to Carrying Concealed.

I have to go to Ohio in August for a family reunion, fortuanately Ohio has reciprocity with Florida, and I have all the what to do and not to do as far as transporting the weapon in my check-in luggage.

BUT, the Ohio laws are absolutely rediculous ....

Ohio Revised Code 2923.126

Duties of licensed individual.

(A)

If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the licensee’s hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee’s hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves.

If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer who approaches the licensee while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently is carrying a concealed handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the licensee is stopped or knowingly fail to keep the licensee’s hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee’s hands or fingers, in any manner in violation of division (B) of section 2923.12 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves.

(B) A valid license issued under section 2923.125 or 2923.1213 of the Revised Code does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:

(4) Any room or open air arena in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303. of the Revised Code, in violation of section 2923.121 of the Revised Code;

(( My question here: What about a restaraunt that serves beer, wine and alcohol at the table? Am I breaking the law if I walk into an Olive Garden, etc.? ))

(6) Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;

(C)(1) Nothing in this section shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer’s premises or property, including motor vehicles owned by the private employer. Nothing in this section shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer’s premises or property, including motor vehicles owned by the private employer.

(2)(a) A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer’s decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer. As used in this division, “private employer” includes a private college, university, or other institution of higher education.

(( So, does this mean if I am forbidden to carry a legal Concealed Weapon on a private property, and I am injured because I could NOT defend myself, that the private employer is immune from civil liability?!?! ))

(3) The owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. A person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree.


(( This means the sign posted by the private land owner IS the letter of the law and you can be prosecuted for criminal trespass for violating his "sign". ))

So let us all be grateful that we live in the "Free" State of Florida, it could be a lot worse.
 

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Discussion Starter · #16 ·
Holy crap. It's like the state of Ohio thinks you are a child and has to write into law exactly how you have to behave in a traffic stop. I got a headache just reading that.
 

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Wow, thanks TampaSsgt.

I travel back to Ohio frequently for family and duty. I haven't concealed in Ohio because I've not reviewed information such as what you've posted, but this gives me a great idea of the differences.

Flying with weapons is not as difficult as may be expected, and has been very smooth in my experience. Much easier than getting through security in my dress blues. :rolleyes:

Great thread, everyone... very important topic.
 

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My understanding is that you can ignore those signs. If you are discovered to have a weapon on you and are asked to leave, you must vacate immediately or risk being charged with armed trespass.

This topic is covered in Mr. Gutmacher's book but I dont ahve it close at hand to reference a page in particular. I highly recommend picking up a copy for anyone in FL with a CCW or thinking of getting a CCW.

FLSig
Everyone might want to go back and read this section of Mr. Gutmacher's book. He says that FLSig's understanding of the situation is only his best guess on things, but that since there is no case law on this yet, it might not be so. While he doesn't believe it would be the "correct" interpretation of the law, there is the very real possibility that a prosecutor could interpret ignoring the sign itself as trespass, which would then also make it armed trespass, a 3rd degree felony. In other words, you're probably okay if you ignore the signs, but there is some risk of serious legal consequences, depending on the position taken by the LEOs and prosecutor in your particular situation if you get made.
 

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Everyone might want to go back and read this section of Mr. Gutmacher's book. He says that FLSig's understanding of the situation is only his best guess on things, but that since there is no case law on this yet, it might not be so. While he doesn't believe it would be the "correct" interpretation of the law, there is the very real possibility that a prosecutor could interpret ignoring the sign itself as trespass, which would then also make it armed trespass, a 3rd degree felony. In other words, you're probably okay if you ignore the signs, but there is some risk of serious legal consequences, depending on the position taken by the LEOs and prosecutor in your particular situation if you get made.
With all due respect to Mr. Gutmacher, please read 810.08 below .....


The 2007 Florida Statutes

Title XLVI
CRIMES Chapter 810
BURGLARY AND TRESPASS

810.08 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.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) As used in this section, the term "person authorized" means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.
There is NOTHING in here about ignoring any sign.
 

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With all due respect to Mr. Gutmacher, please read 810.08 below .....

There is NOTHING in here about ignoring any sign.
That's the problem with the law. It can be interpreted in many ways.

If the DA chooses to interpret the sign as meaning armed people are not authorized to enter then he could claim disregarding the sign as trespass.

I think a good lawyer could get you off with no problems if a DA was silly enough to bring it to trial.

Four years from now, things may be different.
 
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