View Single Post
Unread 02-10-2011, 01:07 AM   #4
Shadow
Senior Member
 
Shadow's Avatar
 
Join Date: May 2006
Location: port of indecision
Posts: 5,604
Name :
Shadow will become famous soon enough
Default

Quote:
Originally Posted by Rich Z View Post
Beats me. The statutes covering this are pretty obtuse about their actual legal authority. I'm not sure this can circumvent state law concerning CCW permits unless it states that such areas are exempt.

Truth of the matter is, anyone can make up a sign to say anything they want, but that doesn't necessarily mean that anyone reading it has to obey what it says.
Quote:
Originally Posted by Bob K View Post
I don't think it applies to concealed carry with a permit. I would ignore the sign. Michigan has many laws prohibiting firearms on public lands during archery season but none of them apply to concealed carry.
I don't think I'd just ignore the sign.
That could be costly in a number of ways and may even cost you your CCP.
Ever seen what happens when FWC or DEP makes and arrest for violations of fish and game or DEP laws...it's ugly.

So, lets start here:
This section outlines the jurisdiction and authority under which the WMD's operate.
Each "district" governs several counties.

https://www.flrules.com/gateway/Chap...?Chapter=40C-9

and here:

http://floridaswater.com/about/index.html

Quote:
The groundwork for managing water resources was laid in the early 1970s when Florida’s voters and lawmakers recognized the importance of managing the state’s water resources in a way that would benefit everyone. Through passage of the Water Resources Act (Chapter 373, Florida Statutes), the water management districts were created in 1972 for this purpose. In northeast and east-central Florida, that responsibility falls to the St. Johns River Water Management District.
Then we'll go here:
http://floridaswater.com/rules/pdfs/40C-9.pdf

These sections address the firearms limitations.

Quote:
40C-9.250 Firearms and Similar Equipment. The possession or use of firearms or similar equipment is prohibited except (1) for hunting purposes; (2) as authorized by a Special Use Authorization; or (3) as authorized for District-initiated land management activities. Firearms and similar equipment includes shotguns, rifles, muzzle loading guns, pistols, revolvers, air guns, gas guns, blow guns, bows, crossbows, spear guns, or other devices capable of mechanically propelling an arrow, spear, or other projectile.
Specific Authority 373.044,
Quote:
40C-9.170 Hunting. Hunting is allowed only by permit on certain District Lands as indicated in the Land Management Plan for those District Lands. Hunting on District Lands is also regulated
10
by the Florida Fish and Wildlife Conservation Commission and United States Fish and Wildlife Service.
Specific Authority 373.044, 373.113, 373.1391 FS. Law Implemented 373.088, 373.093, 373.096, 373.099, 373.139, 373.1391, 373.1401, 373.199, 373.59 FS. History--New 1-16-94. Amended 5-11-94, 7-30-01.
As you can see, both state and federal authorities have jurisdiction on managed lands.

And this is the enforcement body (State LEOS):
Quote:
(4) "Department" means Florida Department of Environmental Protection.
Yes, they're badge totin' gun wearin', I'll put you in jail type, certified LEOS.
http://www.leg.state.fl.us/Statutes/...0379.3312.html
Quote:
Powers of arrest by agents of Department of Environmental Protection or Fish and Wildlife Conservation Commission
I know there was something about CCW holders and restrictions in the news in the last couple of years, but I don't recall the details, and at 1am, I'm not inclined to look them up
It may have only addresses sinage on public properties (ie: businesses and such), but I'm not sure.

A call to the number on the sign would be a good place to start.
See what thier position is, get thier references (authority), then go from there.
Since these laws were enacted in 1994, there have probably been significant changes that effect them and the permit holders.

hth,

gb
__________________

Remember:
Artificial Intelligence is no replacement for Natural Stupidity!

Be Polite, Be Professional...and have a plan to kill everyone you meet.
Shadow is offline   Reply With Quote