Your right to CCW does not overrule any personal property rights.
I see Florida law as saying a property owner has no say in whether I carried concealed or not on their property.
Key word being concealed in the carry permit. If I screw up and my carry is no longer concealed.....Florida law protects a CCL holder. The only thing the property owner can do is ask me to leave. The Police will do nothing outside of checking my CCL and escorting me safely off the property.
That depends on how you behave. The property owned can ask you to leave, but is actually telling you to leave. If you refuse, the police will arrest you for armed trespass or armed trespass after warning. In other words, you will leave or be arrested.
Or, depending how much of a commotion you make, you may get arrested for disturbing the peace or other such infraction depending on how the officers feel you have responded.
“No Firearm” signs in Florida have no force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a Permit/License to Carry.
Since Florida Carry was formed in 2011 we have been highly successful in having thousands of illegal anti-gun “GunBuster” signs removed at public facilities of state agencies, parks, nature preserves, college/university parking lots, and county/city buildings.
Just today, the Florida Department of Health removed an illegal “No Firearms” sign from its public health facility in Bay County. We were able to have this sign taken down because one of our members took the time to report it to us.
We have found these illegal signs in places such as parks, city halls, local libraries, state offices, county tax offices, fairgrounds, and even public beaches.
+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.
'I don't see it that way, in Florida or anywhere else. Don't confuse how the law is usually enforced with what it actually does. the law might not have a criminal penalty for carry on private property against the owner's wishes written into it, but that is not the same as "owner has no say".
The statements in your two paragraphs are contradictory. The first paragraph is correct. In the second paragraph you wrote, "... you can carry there all you want." This statement is NOT correct. The place is private property and the owner can establish any rules they wish (as long as the rules aren't in conflict with state law). Since you have already acknowledged in your first paragraph that the owner can kick you out for carrying (or for many other reasons, in fact), clearly you canNOT "carry there all you want."davidsog said:Absolutely right. If they ask you to leave, you must leave and can be charged with armed trespass should you refuse to leave. ...
However, to be clear, the sign has no weight under the law and you can carry there all you want. That is Florida Law. Why is that so hard to digest and why do folks want to think or make a case it is otherwise.
The statements in your two paragraphs are contradictory. The first paragraph is correct. In the second paragraph you wrote, "... you can carry there all you want." This statement is NOT correct. The place is private property and the owner can establish any rules they wish (as long as the rules aren't in conflict with state law). Since you have already acknowledged in your first paragraph that the owner can kick you out for carrying (or for many other reasons, in fact), clearly you canNOT "carry there all you want."
as long as the rules aren't in conflict with state law
(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:
1. Any place of nuisance as defined in s. 823.05;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse;
5. 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;
6. Any polling place;
7. Any meeting of the governing body of a county, public school district, municipality, or special district;
8. Any meeting of the Legislature or a committee thereof;
9. Any school, college, or professional athletic event not related to firearms;
10. Any elementary or secondary school facility or administration building;
11. Any career center;
12. 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;
13. 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;
14. The inside of 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
15. Any place where the carrying of firearms is prohibited by federal law.
(b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.
(c) This section does not modify the terms or conditions of s. 790.251(7).
(d) Any person who knowingly and 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.
(15) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.
That way the whole event could of been avoided, and yes I did feel like a criminal. Two "security" people with a dog, two local sheriff, an admin person all around me right there in front of everyone walking by, what would you think of the person in question? With all that attention then they must of done something wrong if the real cops are involved right?
I will be contacting them and letting them know why I wont be spending any more money with them.
I'm sorry, but you're wrong again. The fact that the signs (if there were any) do not have force of law only means that the police cannot arrest you instantly if you are found to be carrying on property where the owner has posted a sign prohibiting firearms. That doesn't mean that carry of firearms is therefore allowed. It means that if they catch you, you can be asked to leave. If you don't leave, you can be arrested ... not for carrying a firearm, but for criminal trespass because you refused to vacate the premises after the owner or his agent revoked your permission to be there.davidsog said:They are in conflict with state law as state law defines the prohibited area's and is specific in the fact private signs are not recognized. They will not be enforced upon CCL holders for carrying a concealed weapon into your signed off private property.as long as the rules aren't in conflict with state law
That doesn't mean that carry of firearms is therefore allowed.
If you don't leave, you can be arrested
In short the "trespassing" has NOTHING TO DO WITH GUNS. It is simply the fact that private individual owner does not want YOU on the property.
In short the "trespassing" has NOTHING TO DO WITH GUNS. It is simply the fact that private individual owner does not want YOU on the property.
This is wrong, particularly in this case. Disney wants the people, not the firearms. Disney offered to accommodate the OP by storing his gun for him.