Floirda CC question.
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Old 07-12-2012, 12:11 AM   #1
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Default Floirda CC question.

I wont take anything as legal advise, but does anyone out there in FL have an idea of what the law states about carrying in venues/theatres/all ages music venues. Places that do sell alcohol, but are also all ages welcome. Would they still be labeled bars?
I am a sound guy and am in them often and have always figured CC is prohibited by law in such places, which is what prevented me from getting my CWP for a long time.

I'm just curious if anyone has seen something in the 790 statues I missed.

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Old 07-12-2012, 12:26 AM   #2
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This defines it quite clearly.

http://licgweb.doacs.state.fl.us/forms/P-00091-Concealed%20Weapons-0911.pdf

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Old 07-12-2012, 01:10 AM   #3
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Florida Statute 790.06 (12)- highlighted a couple of sections in blue that may apply to you-

As far as alcohol, looks like restaurant, yes. Bar of restaurant- no.

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:
1. Any place of nuisance as defined in s. 823.05;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse;
5. 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;
6. Any polling place;
7. Any meeting of the governing body of a county, public school district, municipality, or special district;
8. Any meeting of the Legislature or a committee thereof;
9. Any school, college, or professional athletic event not related to firearms;
10. Any elementary or secondary school facility or administration building;
11. Any career center;
12. 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;
13. 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
;
14. The inside of 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
15. Any place where the carrying of firearms is prohibited by federal law.
(b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

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Old 07-12-2012, 01:27 AM   #4
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I've NEVER seen anyone concealed carry in a bar. (They must be doing it right!)

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Old 07-12-2012, 01:59 AM   #5
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Quote:
Originally Posted by drvsafe
I have that pamphlet and there's nothing about all ages businesses for entertainment/performances that have dedicated "bar" areas, but who's primary business is concert production.
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Old 07-12-2012, 02:03 AM   #6
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Quote:
Originally Posted by c3shooter
Florida Statute 790.06 (12)- highlighted a couple of sections in blue that may apply to you-

As far as alcohol, looks like restaurant, yes. Bar of restaurant- no.

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:
1. Any place of nuisance as defined in s. 823.05;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse;
5. 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;
6. Any polling place;
7. Any meeting of the governing body of a county, public school district, municipality, or special district;
8. Any meeting of the Legislature or a committee thereof;
9. Any school, college, or professional athletic event not related to firearms;
10. Any elementary or secondary school facility or administration building;
11. Any career center;
12. 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;
13. 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;
14. The inside of 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
15. Any place where the carrying of firearms is prohibited by federal law.
(b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.
The "primarily devoted to such purpose" is the part that I'm curious about. Cause you can go in restaurants that serve alcohol, just not the "bar area".
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Old 07-12-2012, 02:16 AM   #7
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Quote:
Originally Posted by naf84

I have that pamphlet and there's nothing about all ages businesses for entertainment/performances that have dedicated "bar" areas, but who's primary business is concert production.
Sounds like a concert hall or a sports arena maybe? I believe that Places like that have their own rules regarding that, i.e., they scan people with a wand and have it conspicuously noted on their tickets or pamphlets stating no weapons. If the establishment has it own rules you have to abide by those. And I stress "I believe".
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Old 07-12-2012, 02:26 AM   #8
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Quote:
Originally Posted by drvsafe

Sounds like a concert hall or a sports arena maybe? I believe that Places like that have their own rules regarding that, i.e., they scan people with a wand and have it conspicuously noted on their tickets or pamphlets stating no weapons. If the establishment has it own rules you have to abide by those. And I stress "I believe".
its mostly theatre sized venues I've worked at, very rarely large arenas.

Individual business policies hold no legal weight in FL at least. You can though get charged with trespassing if you don't leave when asked.
I know other states have different laws on that.

I didn't carry for years because not being able to ever carry while working production was my main concern.

It pretty much seems like a grey area to me. That being the case I'll just go with that CC isn't ok. I was just wondering if anyone has discovered anything I haven't found.

Thanks!
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Old 07-12-2012, 01:29 PM   #9
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Quote:
Originally Posted by naf84 View Post
its mostly theatre sized venues I've worked at, very rarely large arenas.

Individual business policies hold no legal weight in FL at least. You can though get charged with trespassing if you don't leave when asked.
I know other states have different laws on that.

I didn't carry for years because not being able to ever carry while working production was my main concern.

It pretty much seems like a grey area to me. That being the case I'll just go with that CC isn't ok. I was just wondering if anyone has discovered anything I haven't found.

Thanks!
I believe you're correct, if I own a place of business, I am allowed to place a notification near my entrance that states I do not allow firearms in my place of business. IF you don't adhere to that I can file a trespass complaint.

Regarding CC during work or at a place of work, your employer is allowed to NOT want firearms in their place of business and may bring disciplinary actions on one that breaches "their" rules; not that of the State. Then again, this is NOT the type of battle you want.
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Old 07-12-2012, 03:14 PM   #10
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Just to conclude my comment, this is directly from the pamphlet I posted a link to:

ISSUE 1: Carrying A Concealed Weapon Or Firearm
To One’s Place Of Business Or Employment
On its face, Chapter 790 appears to allow persons who
are licensed to carry a concealed weapon or firearm
to carry concealed at their places of employment.
This is one of those provisions in the law, however,
that could create problems. An employer has every
right to establish policies that restrict employees
from carrying weapons or firearms while on the job.
And, the employer can enforce policy through an
execution of disciplinary action against employees
who fail to comply. Although the employer could
not make a criminal complaint about a violation of
Chapter 790 against an employee who carried a
weapon or firearm on the job, it is a possibility that
the employer could pursue criminal trespass charges
against the employee.

Licensees should be aware that the Legislature
created section 790.251, F. S., in 2008, creating the
“Preservation and Protection of the Right to Keep
and Bear Arms and Motor Vehicles Act of 2008.”
Under this law, persons who are licensed to carry
a concealed weapon or firearm can, with some
restrictions, keep firearms in their vehicles while
parked on their employer’s property. The Division
urges licensees to read section 790.251, F. S.
ISSUE 2: Carrying A Concealed Weapon Or Firearm
Inside A Business Establishment
A private business owner may post a “No Weapons
or Firearms” sign outside a business establishment,
even though that establishment does not fall in the
category of “places of nuisance” defined in statute
where weapons or firearms are prohibited. That
business owner is within his or her right to post that
sign and could probably file a complaint of criminal
trespass against a person who did not comply.


SO if these venues you are referring to have signs posted banning firearms in their establishment, then you are breaching their rule if you carry inside this location. Or if your employer says you cannot carry a CW on the job and you do, you are at risk of them filing a trespass complaint.

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