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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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02-09-2011, 08:38 PM
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#1
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Senior Member
Join Date: Sep 2009
Location: Outtahere
Posts: 1,182
Name :
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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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02-09-2011, 09:09 PM
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#2
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Internet Sanitation Engineer
Join Date: Mar 2006
Location: Crawfordville, FL
Posts: 15,129
Name : Rich Zuchowski
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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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02-09-2011, 09:33 PM
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#3
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Deceased
Join Date: Jan 2010
Location: Sunshine State
Posts: 1,268
Name : Bob Korreck
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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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02-10-2011, 01:07 AM
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#4
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Senior Member
Join Date: May 2006
Location: port of indecision
Posts: 5,604
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Quote:
Originally Posted by Rich Z
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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Quote:
Originally Posted by Bob K
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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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.
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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,
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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
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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.
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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.
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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
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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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02-10-2011, 08:14 AM
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#5
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Member
Join Date: Aug 2007
Location: JAX FL
Posts: 891
Name : Bob Fletcher
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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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02-10-2011, 09:04 AM
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#6
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Senior Member
Join Date: May 2006
Location: port of indecision
Posts: 5,604
Name :
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Quote:
Originally Posted by fletcher4u
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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Same with SWFWMD down here
I'm hoping these are some of the agencies Scott pares back to basics.
__________________
Remember:
Artificial Intelligence is no replacement for Natural Stupidity!
Be Polite, Be Professional...and have a plan to kill everyone you meet.
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09-29-2011, 06:53 PM
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#7
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Senior Member
Join Date: Sep 2009
Location: Outtahere
Posts: 1,182
Name :
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Check out the change
Thanks to all who got involved with your emails and phone calls.
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09-29-2011, 06:55 PM
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#8
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Senior Member
Join Date: Sep 2009
Location: Outtahere
Posts: 1,182
Name :
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09-29-2011, 06:57 PM
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#9
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Senior Member
Join Date: Sep 2009
Location: Outtahere
Posts: 1,182
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This is freakin' stupid a post can't even be edited. How the h*** do you know if the post is what is intended. Stupid I say! STUPID!
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09-29-2011, 07:52 PM
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#10
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Internet Sanitation Engineer
Join Date: Mar 2006
Location: Crawfordville, FL
Posts: 15,129
Name : Rich Zuchowski
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Quote:
Originally Posted by RedRestoredRoadster
This is freakin' stupid a post can't even be edited. How the h*** do you know if the post is what is intended. Stupid I say! STUPID!
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I had good reason to do this. But that storm has passed, so I have relaxed this restriction a bit. You can edit your posts up to 24 hours after you have made your original post.
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