Where not to carry in Florida.

[Cris]

Many people ask where they can't carry a concealed weapon. This information can be found in Florida Statutes 790.06 Subsection 12. This text is copied from the 2008 Florida statutes. Hopefully this will help those who don't know.




(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 (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0823/Sec05.HTM); 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 (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec082.HTM) or s. 775.083. (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec083.HTM)

[Dave]

Ali and I have been debating two things...

1. Can you carry into a bank? It's not stated, but she is under the assumption that you can't. I think you can.

2. FedEx has a sign on their facility that is a gun with the circle-cross on top, obviously indicating firearms are not allowed. We were discussing this last night on the way there. We both say you can carry it in if you want cause the law doesn't say you can't. It's not a government facility.

[Cris]

#1 Yes, you can. It does feel as if you can't though.

#2 I believe you can't since it is indicated on the building. I believe this was a topic I went over with someone before, because we said how rare it was to actually see it.

[raven_hammer]

Great info!

[Dave]

#1 Yes, you can. It does feel as if you can't though.

#2 I believe you can't since it is indicated on the building. I believe this was a topic I went over with someone before, because we said how rare it was to actually see it.

Ok...well that makes even less sense then. You can carry into a bank, but not into FedEx cause they have a sticker on the door? I don't believe they have the right to tell you to leave you firearm outside of the building.

[raven_hammer]

I think it has to do with Fed Ex locations being Bonded Locations. Banks are not

[Chris]

fedex is company policy not law. they can post signs but it isnt a matter law. They can ask you to vacate the premises for violating their policy but that is all.
More information can be found at your local chamber of commerce. This was also what some of the carry to work law tried to touch on in the state of florida. When I have more time at a computer I will explain this further

you can carry in a bank

[Dave]

Cool...that's what I figured. They don't want you carrying, but it's not illegal to do so.

[ProfessorStoneFace]

even if the law doesn't mention a specific place when you're on private property you have to go by their rules so if FedEx says so guns then you'd have to leave it in your car. I actually have yet to see a place that has a "no guns" sign. when I'm carrying I really keep an eye out around the front door of each place since that's the only practical place for a sign but I haven't seen any yet.

[Chris]

Actually I tend to disagree,
As a matter of law you are only restricted on concealed carry by the stated restictions in chapter 790.
You may be asked to leave or remove your firearm from the premises. If it is spotted.
Not doing so would result is a possible charge of criminal trespass or the like.
the laws concerning trespass can be located in chapter 810 of the Florida State Statutes.

Here are some exerpts from Jon Gutmacher PA
one of the premier Firearm law authorities regarding some of the symantics of the thread so far

Trespass And Armed Trespass Charges In Florida
Trespass can be basically defined as unlawfully coming on, or staying on the property of another when you are on notice that your presence is not wanted. As such, trespass is a fairly clear cut crime in Florida, but has really been abused in commercial applications. As a general rule, you cannot be guilty of "trespass" unless you have been properly warned that your presence is not permitted, or no longer permitted on the subject property. The warning may be verbal, and sometimes may be written. In a nutshell, if you enter the subject property having been "legally" pre-warned not to – you have committed the crime of trespass. Likewise, if you fail to leave property after being warned to do so by someone with greater authority than yourself – you also commit the crime.

The statutes governing this crime are found in Chapter 810 of the Florida Statutes. The first section is Florida Statute 810.08 that covers "Trespass in a structure or conveyance". This section states anyone who "without being authorized, licensed, or invited" who "willfully enters or remains in any structure or conveyance", or is warned by the owner or lessee of the premises or a person authorized by the owner or lessee to depart, and then refuses to do so – commits the offense of trespass in a structure or conveyance.

Violation is normally a second degree misdemeanor, but if there’s a human being in the structure or conveyance (even if you don’t know that) it becomes a first degree misdemeanor, and if you happen to be armed with a firearm or other weapon during the trespass – it’s called an “armed trespass” and becomes a third degree felony. The way the statute is interpreted is that you can’t be convicted based on an innocent mistake. However, once you are warned by someone with authority - you must leave. If you decide to argue the issue, or argue their authority to have you leave – you have crossed the line into commission of the crime, and are subject to arrest. Interestingly enough, police and property owners do not have any authority under this statute to take you into custody or delay you unless you disobeyed their warning or refuse to leave.

A mistaken trespass is not a "trespass" until the warning to depart occurs. However, once warned, any refusal to immediately leave falls under Florida Statute 810.08(c), which subsection allows an owner or person authorized by the owner to take a trespasser into custody and hold them for the police in a reasonable manner. The abuses with this statute usually come from the practice of issuing a "trespass warning". This normally occurs in a commercial setting where a merchant decides (for whatever reason) that they don’t want someone on their property ever again. Many times it involves an honest argument between the merchant and customer on services. The merchant gets tired of listening to the complaint, or doesn’t want to hear the complaint – and tells the person to leave. They then try to issue the person a "trespass warning", sometimes demanding to see the person’s identification, etc. The issuance of a trespass warning is especially prevalent when security guards, or police are involved. From a legal standpoint – there is no legal authority to issue a trespass warning unless there is an actual trespass. Likewise, there is no legal duty of the person who is warned to leave to wait around, give your name, give your identifications, or anything else – unless you were actually trespassing or caught in the commission of some other crime. Unfortunately, police and merchants rarely realize this distinction (and many don’t care about it) – and I’ve seen many citizens arrested for "obstructing" when they refuse to cooperate as to not giving information on the trespass warning. Of course, in such a situation neither the initial detention, nor the subsequent arrest is legal – but that doesn’t make the trip to the jail a happy event for the hapless citizen.

Another thing you should know – and this is the most unfair thing about "trespass" in Florida – the merchant doesn’t have to have a legitimate reason for telling you to leave. They can do it for any reason they want. At the theme parks – this is sometimes a real problem. From my experience, it seems that anytime someone becomes a suspected problem – problem or not – they’re told to leave. Likewise, try to make a legitimate complaint about some problem at a theme park and make even a minor issue of it – you’re probably gonna be booted out – right or wrong. Many times a trespass warning is involved without the citizen having any idea that they are under no legal obligation to do anything but leave, and as a general rule – trespass warnings are "forever". It really stinks!

Is there legal recourse? The answer is "maybe" – but most of the time it isn’t worth pursuing from a civil standpoint. From the standpoint of criminal charges – you have a defense if an arrest ensued – but again, that means that once you were told to leave – you did so, and that the problems arose afterwards.
There are other sections of the statutes that deal with trespass on property other than a structure. I’m not going into that here other than to say don't go on property that's posted to stay off, and you can’t go on the property of any school unless you have some kind of legitimate business there, or some type of invitation or legitimate reason. (Florida Statute 810.097). Likewise, it is a third degree felony to trespass on school property with a gun or other weapon. (Florida Statute 810.095). If you want to know how to avoid these situations, my one word of advice is not to argue with an order to leave. Make it clear immediately that you will do so. If you have friends or family nearby who don't know of your situation -- ask the person if you or they can notify the others before leaving -- but if the answer is no -- you must leave immediately. If they ask for information for a trespass warning -- you'll have to make a choice. You can either comply, or you can tell them you don't want to do that since you're not trespassing, and are obeying their instructions to leave. But, if they push the point to where it may involve your arrest or detention for a refusal -- I'd comply, and make it clear in a polite manner that while you will comply, you consider their actions in delaying you and requiring this information illegal.

If the worst happens, and you’re arrested for trespassing – there are defenses. Even if you are technically guilty, many of these cases can be plea bargained to pretrial diversion, or better. Each case is individual. Mr. Gutmacher, as an experienced Florida criminal attorney, can help you in defending these charges. If you would like to discuss your case with Mr. Gutmacher, or set a consultation, please give him a call. He’d welcome your inquiry.

[spikes40]

I agree with cris... this is a company policy..not a law..they can sk you to leave but there will be no firearms charges as no firearms in fedx is a policy and not a law

[cadillacdude1975]

in Tennessee, we can carry into any building except for the courthouse (TN law states any building that has judicial proceedings in progress) those legally posted per Tenn. Code Ann. § 39- 17-1359

PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY
HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS
BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY
WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER
STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT
MORE THAN FIVE HUNDRED DOLLARS ($500).

Tenn. Code Ann. § 39-17-1359(a) also authorizes the use of the international circle and slash symbol. The unambiguous language of the statute, however, states that the international symbol may be used in addition to, not in lieu of, the written notice that is prescribed the statute.

http://www.legallyarmed.com/resources/tnpost.htm

[JaxChris]

Any business can prohibit the carry & concealment of firearms on their entire property, not just within the structure, by posting clear language within view of the property/structure entrance.

When the Florida Retail Federation attempted to reverse the Guns-At-Work law, the federal judge stated that businesses cannot single out employees over customers but that they must treat them the same. He also stated the business can ban weapons from the premises, here is the synopsis of the July 2008 ruling:

-----------------------

CURRENT STATUS:

The judge upheld the new NRA-supported law, which states:

If a business has a gun ban policy, employees who possess a valid Concealed Weapons License are exempt from the gun ban policy and cannot be fired for exercising their gun rights.

If a business has a gun ban policy and no employee has a valid CW license, then that business can also ban customers from having guns locked in their vehicles in the parking lot while they shop or conduct business.

A business may not search vehicles to see if a person has a firearm; may not ask if a person has a firearm in the vehicle; may not ask if a person has a CW license.

Due to the judge's ruling based on inartful language, business owners can post signs notifying customers that they are prohibited from having firearms locked in their vehicles while in the parking lots.

-----------------------

It was also stated, as common sense, that if you are banned from having a weapon in the parking lot, you also can't carry concealed within or around the structure - regardless of permit status. This right of business owners was the same before this ruling or the Guns-At-Work law was passed.

So in the end, any business can post signs in clear language stating a ban to all weapons on their grounds that must be obeyed or you have immediately committed known armed trespass and that results in a third degree felony if detained.

Moral of the story: If you are carrying you are responsible to watch for signs and immediately leave the premises anytime you see one. It sucks, but you can always take your money to a business that doesn't prohibit your personal protection.

[TroyM7A1]

So that mean you can only have the gun in your car if you have a a CCW and thats your place of work. Can you carry it in the building?

[Secpro]

So that mean you can only have the gun in your car if you have a a CCW and thats your place of work. Can you carry it in the building?

Indeed, car only! My company actually has a policy which states you cannot bring any offensive or defensive weapons on or in client or company property. Of course I still keep my sidearm in the car because of the Fl law. Is it legal yes does it go against company policy more than likely. Is my ass more important hell yes!

[TroyM7A1]

Indeed, car only! My company actually has a policy which states you cannot bring any offensive or defensive weapons on or in client or company property. Of course I still keep my sidearm in the car because of the Fl law. Is it legal yes does it go against company policy more than likely. Is my ass more important hell yes!

Okay. Wish I could carry at my work. Work at one of the largest churchs in america. Waiting for the day when some nut job comes in and tries something.

[Cris]

I carry all day long. My job allows me to carry on property and in company vehicle.

[TroyM7A1]

i carry all day long. My job allows me to carry on property and in company vehicle.

lucky!!!