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Firearms and Other Weapons Had a request for this forum, so here it is. Guess it will give me some place to talk about guns myself after selling my ArmsLocker forum.

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Unread 02-09-2011, 08:38 PM   #1
Cor66Vette
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Default I saw this sign while approaching a hiking trail.

Is this legal and enforceable?
I attached a pic of the sign I read and I thought this stuff was addressed and determined to be unconstitutional. Am I wrong on this? Anyone with info please post. FYI- This sign was located in what I thought was Flagler County (why the sign reads St. John's I don't understand) off of the entrance road to "Princess Place" along the right away for the FPL high lines.
Thanks all, have a great evening and a better tomorrow.

Last edited by Cor66Vette; 02-05-2013 at 04:34 PM.
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Unread 02-09-2011, 09:09 PM   #2
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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.
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Unread 02-09-2011, 09:33 PM   #3
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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.
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Unread 02-10-2011, 01:07 AM   #4
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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
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Unread 02-10-2011, 08:14 AM   #5
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The St. Johns water manigment dist seams to think they own all things in north and central Florida that might get wet.
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Unread 02-10-2011, 09:04 AM   #6
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The St. Johns water manigment dist seams to think they own all things in north and central Florida that might get wet.
Same with SWFWMD down here

I'm hoping these are some of the agencies Scott pares back to basics.
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Unread 02-10-2011, 10:47 AM   #7
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Default Sign - Conservation area

Please do not take this as a suggestion or advice on my part, and I'm not saying what my decision would be, but merely some thoughts to consider before entering any wildlife refuge / conservation area;

depending on where you are and how rustic an area may be there are alot of bad possibilities of encountering ...

snakes
bears
pigs..(check out pig hunts on you tube if you think they aren't a threat)
alligators
any rabid racoons, otters, dogs, etc, etc...the list goes on

You may be out of cellphone range!

Also let's not forget that...
Bad guys are not worrying about what a sign may read and they may be armed.
Good folks are sometimes attacked by these dangerous aholes for purposes of robbery, rape, or murder.

Also to consider...Law Enforcement,
If you do encounter a LEO, this is still America! If you have a CCP and your weapon is CONCEALED, he or she will not be searching you without lawful probable cause! God Bless America

Again, these are only a few considerations that must be thought about before venturing too far off the beaten path, sign or no sign.

So what do you do?
Leave your gun in the vehicle?
Carry your gun into the area?
Turn around and don't enter?

Your decision!
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Unread 02-10-2011, 11:29 AM   #8
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Quote:
Originally Posted by C6Flatfoot View Post
Please do not take this as a suggestion or advice on my part, and I'm not saying what my decision would be, but merely some thoughts to consider before entering any wildlife refuge / conservation area;

depending on where you are and how rustic an area may be there are alot of bad possibilities of encountering ...

snakes
bears
pigs..(check out pig hunts on you tube if you think they aren't a threat)
alligators
any rabid racoons, otters, dogs, etc, etc...the list goes on

You may be out of cellphone range!

Also let's not forget that...
Bad guys are not worrying about what a sign may read and they may be armed.
Good folks are sometimes attacked by these dangerous aholes for purposes of robbery, rape, or murder.

Also to consider...Law Enforcement,
If you do encounter a LEO, this is still America! If you have a CCP and your weapon is CONCEALED, he or she will not be searching you without lawful probable cause! God Bless America

Again, these are only a few considerations that must be thought about before venturing too far off the beaten path, sign or no sign.

So what do you do?
Leave your gun in the vehicle?
Carry your gun into the area?
Turn around and don't enter?

Your decision!
I'm happy to see that there's at least one more of us on the board that feels this way

The wildllife issues (both 2 and 4 legged) are a real concern. If you've never hunted or been around wild boar (call 'em pigs if you wanna....porky was a pig! These mofo's will eat your arse alive!) you're in for an "interesting experience to say the least.

In "theory" you can't shoot a 'gator either.....right
Just don't do what some of these dumbarses have done in the past and keep "trophies!"

The 2 leged kind...well, again, he's right on target (no pun intended).
The Ocala National Forest is a prime example.
Over the years, they've had thier share of 2 legged troubles.

I'd still rather be tried by 12....blah blah blah.....

The only thing I might take exception to, is the search.

While you're absolutely correct on the "search", as a leo if/when I encountered anyone in a remote area (campers, hikers, etc), I would as a rule do a "pat down" for my safety.

If you're packing, they're probably going to find it (unless it's packed away in the middle of your duffel bag or something. Then, it's pretty worthless to you as a means of self defense.

Once it's found, the next step is totally on the officer.

I know what I have done, and depending on the circumstances, would do.
All I can say is, there would be no necessity for paperwork
Get the wrong one though and you might have an issue
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Unread 02-10-2011, 12:22 PM   #9
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TOOOOOO many variables in this hypothetical encounter to argue about being patted down, and when an officer would do so, but we both know that any officer with some time on the job follows his or her training, legalities, and immediate circumstances, as well as his or her gut feelings about a pat down. I'm sure you didn't pat down anyone unless your hackles were raised and you felt a concern about your safety or contraband.

We could have a great chat and go on and on about it, but it was only meant as a consideration.

You may be correct because most LEOs who work in the wilderness or wildlife areas are usually on their own and far from a back up. This factor alone may make them more apt to pat down persons they encounter. I never worked in a position like that so I don't know how I would conduct myself. It would be interesting to get an opinion of a retired LEO that worked in this rural capacity.

Any outcome of the encounter would ultimately depend on the circumstances, and interactions of the LEO and the person(s) involved.

Good thread and food for thought.
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Unread 02-10-2011, 12:30 PM   #10
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Isn't a pat down a form of search that itself requires probable cause?
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