Florida places that are off limits


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divemedic
December 26, 2008, 09:26 AM
In a recent thread, there were posters who seemed confused about where you can and cannot carry a concealed weapon in the state of Florida. Since that thread was about post office carry, and I do not want to stray that thread off topic, I decided to start a Florida thread.

Some of the places that posters in that thread claimed were off limits included: libraries, banks, certain unspecified financial institutions, Clerk's offices, all local government buildings, and one poster even stated that whether or not you can carry into a local government building depended on the local government's laws.

Each of those statements is incorrect. Here is Florida Law:

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.

There are only two exemptions to this in Florida Law, and they both have to do with waiting periods, and have nothing to do with concealed carry. Since we now know that local governments cannot pass firearms laws, let's see what is off limits:

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.

No banks, not all government buildings, no financial institutions, no libraries, etc. The list is very specific. There are some arguments about the definition of a school facility versus a school building, and over the definition of an area dedicated to the serving of alcohol, but those are addressed by Gutmacher's book. I suggest reading it.

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boomana
December 26, 2008, 04:36 PM
From the Florida Department of Agriculture and Consumer Services Division of Licensing:

Possession Restrictions

The following is a list of places where you are restricted from carrying a weapon or firearm even if you have a license. Please note that this is a simplified list. The places marked by an asterisk (*) may have exceptions or additional restrictions. See Section 790.06 (12), Florida Statutes for acomplete listing.
* 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*
* 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*
* any elementary or secondary school facility
* any area technical center
* any college or university facility*
* inside the passenger terminal and sterile area of any airport*
* any place where the carrying of firearms is prohibited by federal law


Federal Restrictions (copied from Handgunlaw.us):

1. Federal Courthouses*

2. Federal Buildings*

3. Any Building Owed, Leased or Rented by the Federal Government. This includes buildings in National Forests that are property of the Federal Government. There is no Federal Law that prohibits carry in National Forests. States control the carrying of firearms in National Forests in their state.

4. Federal Prisons*

5. National Parks* (to be changed as of Jan 9, 2009, iirc)

6. U.S. Army Corp of Engineers* The Corp builds and runs flood control and navigation Dams. The Dam and grounds around the dam are Federal Property. Many State Parks are found around the Lakes and rivers Corps Dams form. The boundary between Corp Property and State Property is not clearly marked. There are also boundary lines in the lake between State and Federal waters. It is up to you to know these boundaries.

7. National Cemeteries*

8. Military Bases (Carry not allowed but some have shooting clubs. You can take firearms onto the Base to shoot. Check at each Military Post for specific rules on Shooting Clubs)

9. Rented Offices, Any part of any building that the Federal Government has rented for Office space or work force etc. Just their offices or the part of the building they have control over. You can carry in the rest of the building if state or local laws allow.

10. **Designated Federal Entity* – As listed below. These Agencies are a dark area in Federal Law that I can not find any information about their Offices/Buildings/Parking Lots and if they are covered under the same laws as Federal Buildings. I have found in their Rules and Regulations that firearms are not permitted on their premises. So they all have their own Regulations about carrying on their premises.

11. Amtrak* Amtrak has its own rules that state: Items not allowed in Carry On or Checked Baggage,. Any type of gun, firearm, ammunition, explosives, or weapon. Large, sharp objects such as axes, ice picks and swords. Corrosive or dangerous chemicals such as tear gas, mace,

12. Post Office?* Each states law is different. In some states, Post Office carry is restricted by the state, in others it’s not. If it’s not restricted by the state, Title 18, United States Code, Sec. 930 applies. (See Post Office at bottom of page.)

13. Bureau of Land Management* If you can legally carry in the state the BLM land is in you can carry on the BLM land. If it is not legal the area will most likely be posted as no firearms allowed. Any building on the BLM land operated by the federal government is considered federal property and carry in those buildings is not allowed.

14. Indian Reservations Carry on Indian property is controlled by Tribal Law. You must check with each tribe before carrying on their property. Some Indian Tribes consider federal and state highways through their property as under their control. There is a link to the Indian Nations on Handgunlaw.us. Look at the header on any of the main pages at Handgunlaw.us and moving your mouse pointer over Indian Nations will give you seven different links to check on tribal law.


* This includes parking lots adjacent to or part of the facility if the Federal Agency/Entity owns or has control of the parking lot.

Re Post Office:

Post Office Information
Title 18, United States Code,
Sec. 930 applies. See below.

Title 18, United States Code, Sec. 930. - Possession of firearms and dangerous weapons in Federal facilities
a. Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
d. Subsection (a) shall not apply to -
3. The lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

(Administrative Note) 39-I-4-410 says that other Federal Laws do not apply to the Postal Service unless stated in the Federal Law that it covers the Postal Service.

Title 39 - Part I - Chapter 4
Page 3 410. Application of other laws

(a) Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service.
(b) The following provisions shall apply to the Postal Service:
(1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and ection 5532 (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable;
(2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;
________________________________________

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