[DocCCW]

I was dinning at a resturant on the same property as a chain jewelry store. My girlfriend and I decided to go into the jewelery store to browse around but before entering I saw a notice posted on the enterance. It read as follows:

"No person shall carry, possess, have under the person's control, convey or attempt to convey a firearm, concealed firearm, dangerous ordnance, handgun, or deadly weapon on or onto this land, parking lot or premises."

I am a bit a confused as to how they can restrict someone from being on the land or parking lot. In order to gain access to the other resturants or hotel you have no choice but to enter the land or parking lot. Luckily it's a low end store and I'd never purchase anything from them, but can they do this? Btw, the store is Jared's in Boca Raton just off of Glades Rd.

 

[Paladin]

Legally that sign isn't enforceable. If you enter the business they can have you removed for trespassing but they can't restrict the parking lot.

I'm sure TS will post the state statues so I won't bother quoiting them.

 

[deadeyedick]

He went to Jared's! :rolf

I just ignore those signs.

 

[Mac45]

I would be very careful toting a concealed handgun into a jewelry store that was posted in that manner. If your firearm is near your wallet and you reach for your credit card, your widow may be suing them for damages.

 

[2AChick]

I think I'll not be visiting Jared's. The Parking Lot statute allows you to keep your gun in your car. The rest has been covered, I believe. -2AChick, Esq.

 

[T.S.]

Florida Statute 790.06 (12)

Since the " No Carry " Signs are not included in Florida Statute 790.06 (12), they are not enforceable by law.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC06.HTM&Title=->2008->Ch0790->Section%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.

 

[2AChick]

Aren't there a few places that aren't on the list that you can't have a gun? Like a school bus stop?

 

[Paladin]

Since the " No Carry " Signs are not included in Florida Statute 790.06 (12), they are not enforceable by law.

I knew TS would come through with the statutes. :dancingbanana

Thanks man.

 

[T.S.]

I knew TS would come through with the statutes. :dancingbanana

Thanks man.

My pleasure Sir!

 

[Mac45]

Make sure that you carefully read the sign before you decide to ignore it. Properly worded it can constitute a legal trespass warning and you can be arrested for ignoring it.

 

[T.S.]

Florida Statute 810.08, Trespass in a Structure, states that " 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. "

No where does it say that violating a " No Firearm " sign constitutes a violation of the Criminal Trespass law.

Now, if the owner finds out that you are armed, and asks you to leave, and you refuse, you are not only in violation of 810.08 (1), which is a second degree misdemeanor, you are also in violation of 810.08 (2)(c), which is a third degree felony.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0810/SEC08.HTM&Title=->2009->Ch0810->Section%2008#0810.08

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.

 

[daytona]

Bet if you were paying for an expensive piece of jewelry they would let it slide. Besides if you really are concealed how would they know?

 

[Mac45]

Florida Statute 810.08, Trespass in a Structure, states that " 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. "

No where does it say that violating a " No Firearm " sign constitutes a violation of the Criminal Trespass law.

Now, if the owner finds out that you are armed, and asks you to leave, and you refuse, you are not only in violation of 810.08 (1), which is a second degree misdemeanor, you are also in violation of 810.08 (2)(c), which is a third degree felony.

Ah, grasshopper. You ignored the first part of the statute:

"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. "

By prohibiting entry to anyone in possession of a firearm, the owner of the establishment is rescinding any implied authorization, license or invitation to enter. If the sign promises arrest and prosecution for entering while in possession of a firearm, violating it could result in not only your arrest, but your conviction for trespass while armed. Bye bye CWL and possibly your entire firearms collection.istols

That is, of course, if the owner doesn't think you are a robber and shoots you dead. But, do what you gotta do..

 

[deadeyedick]

Using that logic, you could be arrested for tresspassing if you carried a drink into a store with a "No food or drink" sign. I don't think so.

 

[Paladin]

Ah, grasshopper. You ignored the first part of the statute:

"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. "

By prohibiting entry to anyone in possession of a firearm, the owner of the establishment is rescinding any implied authorization, license or invitation to enter. If the sign promises arrest and prosecution for entering while in possession of a firearm, violating it could result in not only your arrest, but your conviction for trespass while armed. Bye bye CWL and possibly your entire firearms collection.istols

That is, of course, if the owner doesn't think you are a robber and shoots you dead. But, do what you gotta do..

But doesn't a store that is open for business constitute an implied invite to enter?

 

[Steve48]

Using that logic, you could be arrested for tresspassing if you carried a drink into a store with a "No food or drink" sign. I don't think so.

I don't think so either. With respect to the sign, you could simply say that you didn't see it. Now, if they posted a guard at the entrance who directed your attention to the sign, and warned everyone not to enter the store with a firearm, then I'd be concerned.

 

[CCWFLA]

Ah, grasshopper. You ignored the first part of the statute:

"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. "

By prohibiting entry to anyone in possession of a firearm, the owner of the establishment is rescinding any implied authorization, license or invitation to enter. If the sign promises arrest and prosecution for entering while in possession of a firearm, violating it could result in not only your arrest, but your conviction for trespass while armed. Bye bye CWL and possibly your entire firearms collection.istols

That is, of course, if the owner doesn't think you are a robber and shoots you dead. But, do what you gotta do..

Are you saying this based on a particular Florida case? I'd be curious to see it. If the business says formal attire required, are you committing armed trespass if you walk in without a tie while carrying? What if it says no ugly haircuts? I walked into a new Home Depot with my dog, and found out that, unlike my old Home Depot, they wouldn't allow dogs, and left when asked to. Was I commiting felony dog-carrying (prior to being asked to leave) since I was also carrying a legally concealed firearm? My understanding was that a business was considered to be open for people to walk in, and that there was an implied invitation (you know, those advertisements that they spend so much on). Being a private business, they can rescind that invitation and ask you to leave at any time, and that's where the statute comes in.

FYI, my wife worked briefly at Jared's some years ago (she was burned out with her career and wanted to work with clients who weren't planning on jumping off the skyway). Anyway, from what she's said, if the security guard made you while carrying, they'd just politely ask you to leave. I'm sure that it would be different if you became aggressive, as provided for in the preceding statute, but they certainly didn't seem to believe that they could have you arrested otherwise.

 

[T.S.]

Ah, grasshopper. You ignored the first part of the statute:

"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. "

By prohibiting entry to anyone in possession of a firearm, the owner of the establishment is rescinding any implied authorization, license or invitation to enter. If the sign promises arrest and prosecution for entering while in possession of a firearm, violating it could result in not only your arrest, but your conviction for trespass while armed. Bye bye CWL and possibly your entire firearms collection.istols

That is, of course, if the owner doesn't think you are a robber and shoots you dead. But, do what you gotta do..

Nope, if the store is open for business, you are " invited " to come in and spend your money there.

 

[Paladin]

I don't think so either. With respect to the sign, you could simply say that you didn't see it. Now, if they posted a guard at the entrance who directed your attention to the sign, and warned everyone not to enter the store with a firearm, then I'd be concerned.

There are a few places that I go to often like Publix or Walmart that I've checked for signs but other than that I don't look for signs too much.

They aren't legal and I keep the weapon concealed. If anyone was to say anything then I'll just say I didn't see the sign (actually I wasn't looking for it) and that I won't ever be back - then I'll leave.

 

[Steve48]

Good policy. +1.