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.
State Park Carry
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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.
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/documents/park/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.
(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/documents/park/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.
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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.
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123 Posts
http://www.dep.state.fl.us/legal/Rules/parks/62d-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."
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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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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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.
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.
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Yes, those are the statutes, but you're in for some pretty expensive legal fees trying to convince a judge that 790.06 over rules any and all other laws, past, present, or future.
If Florida were to create a new statute that said you can now carry on college property, would you argue that it was still illegal, because it's listed under 790.06?
Jeff
If Florida were to create a new statute that said you can now carry on college property, would you argue that it was still illegal, because it's listed under 790.06?
Jeff
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because they are hoping that you do not know the law. If you know the law, you know its a bunch of b.s., if you do not know the law, then you would believe that their sign is for real and you will unarm yourself before visiting.
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684 Posts
Actually, I believe there is language in 790.06 (or 790 in there somewhere) which states that very thing, something saying that all other laws which counter the points within 790 are now null and void. Also, if they did pass something allowing carrying in a college as you suggest, it would be made within this section, thus it would no longer be on the 'prohibited'
list.
(Thanks Jimmills for the help!!!)
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. Any such existing ordinances are hereby declared null and void.
I thought Fed parks were still off limits, for the time being, no?
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Thanks, B. I was in a hurry. :drinks to you, sir.
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National Forests in FL are good to go.
National Parks have been approved, but doesn't take effect until sometime in Feb., if I remember correctly. Also, it depends on the law of the state. So, again, FL is good, some other states are a no.
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And there inlies the problem. One State Statute does not over rule another. It only over rules county, city, town, or municipal ordinances or regs. Nowhere does it say that the one statute over rules all other state statutes. Changes to the law would not necessarily be made in this section. Carry in hospitals with mental health facilities, for example, as has been discussed here numerous times.
If you've got thousands of dollars to pay an attorney, go for it. Maybe you can be the landmark case to decide this issue for us all!
Jeff
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State Park Email
This a copy of the message body recently sent to all State Park Managers.
This is to advise you that, effective immediately, the Department of Environmental Protection will comport with section 790.25(3)(h), Florida Statutes. This will allow persons visiting the state parks to lawfully display firearms while they are engaged in fishing, or camping or going to or returning from a fishing, camping, or lawful hunting expedition. Park visitors are reminded to properly store firearms while not engaged in the above activities.
Additional information regarding this will be forwarded as soon as it is available.
Please understand that you and or park staff may receive phone calls regarding this information. If you get a call this is the correct information. Please share this with staff and volunteers so that they can provide the correct information to visitors if asked.
I have attached a copy of FS790.25 for your information.
This a copy of the message body recently sent to all State Park Managers.
This is to advise you that, effective immediately, the Department of Environmental Protection will comport with section 790.25(3)(h), Florida Statutes. This will allow persons visiting the state parks to lawfully display firearms while they are engaged in fishing, or camping or going to or returning from a fishing, camping, or lawful hunting expedition. Park visitors are reminded to properly store firearms while not engaged in the above activities.
Additional information regarding this will be forwarded as soon as it is available.
Please understand that you and or park staff may receive phone calls regarding this information. If you get a call this is the correct information. Please share this with staff and volunteers so that they can provide the correct information to visitors if asked.
I have attached a copy of FS790.25 for your information.
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