Going to Disney World? Going to carry?
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Old 03-01-2012, 09:11 PM   #1
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Default Going to Disney World? Going to carry?

Going to Disney World? Going to carry?

I got this PM and thought it was a good subject for public consumption,
Quote:
Originally Posted by silverado113
Cane I have seen a few forum threads on people carrying concealed on Disney property. I've seen some people say they carried in the park, even though your not "supposed to" due to a Disney policy with their employees but there aren't any signs posted. I know how anti gun the folks at Disney are and don't want to be locked up in the castle's dungeon. Can you provide any insight?
There are as many takes on "Where I can carry" as there are people here.

Should you compromise your right and not carry in the park? Security at Disney is discrete and very good. The one thing that Disney cannot afford is problems with guest security as their very existence depends on being a safe family destination. For me there are too many variables that can go wrong while carrying in the park. I have not seen, nor heard of a single incident that would validate, in my mind, the need to carry during my visit. That's me and YMMV.

From a Disney employee; "Weapons of any kind are prohibited on Disney property. This includes the parks, the hotels and resorts, and on all the Disney owned areas. If you carry into the park and are discovered, you will receive a visit from OCSO (Orange County Sheriff's Office), you will be escorted from the park, and if you raise a fuss, you will be barred from all Disney property for at least 1 year. No charges will be filed against you unless you refuse to leave. That is because state law does not recognize gun buster signage. If you refuse to leave, you will be trespassed." (Charged with armed trespass.)

This raises two questions.
Q1 Florida Caselaw
A hotel or motel room is considered a private dwelling if the occupant is there legally, has paid or arranged to pay, and has not been asked to leave.  Wassmer v. State, 565 So.2d 856, 857 (Fla. 2d DCA 1990).
Q2 How do you get your gun into the hotel room?
I have heard that if the Disney Security catches you, and you have a legal permit, they will escort you to the front gate where you will be given the option of locking up your piece in their security office and returning to the park. (At this point, putting it in your car is not an option. The lot is also on private property.) If you fail to comply, you will be asked to leave. Others have said you will just be banned from all Disney Parks and asked to leave. If you are not licensed, all bets are off.

Anyone in Florida controls their property, be it business or private, and they call the shots as to your conduct including carry. You are free to carry in Florida but if a property owner doesn't want you to then you have to do your carrying elsewhere. No exceptions and they are just exercising their rights as property owners, not setting law. If you decide to argue this point with Disney Security they will be polite and professional with the following canned response; "The park is private property and the reasons to be asked to leave are at their discretion."

You can have a gun in your car and leave it in your car even where a property owner does not allow carry. However, there are a few exceptions to this law and Disney and Universal have the exception.

Disney has a BATFE FEL (Federal Explosives Licensee), and thus meets one of the exemptions in the Florida law. Because of this Disney can prohibit guns in cars on their property but I have never heard of them doing so or even searching the cars of visitors.

Some explanation of the Parking Lot Law in Florida.
Florida Statue 790.251 passed in 2008 purportedly made it illegal for a business or employer to prohibit the use of parking areas to customers or employees who keep a lawful firearm and/or ammo in their locked vehicle, forbade retaliation against the employee or customer for doing so, forbade questioning of the employee or customer to determine if he or she had such a stored forearm, and forbade searches of vehicles to determine such. Sadly, the bill suffered from drafting problems and appalling lack of forethought. The statue only protects employees who have a concealed weapons permit, and correctly held that the provisions applying to customers and other invitees were unconstitutional because of drafting issues in the legislation. Also, the statue granted several exceptions providing that it doesn't apply to company vehicles, and company property involving school grounds, correctional institutions, property used for national defense, aerospace, domestic security, manufacture/storage/or transport of combustibles or explosive materials, or any other property prohibited by state of federal law. This eliminated most theme parks that use fireworks, service stations, etc.
PLEASE, remember when responding to this thread, regardless of your position on the subject, that what you post is in the public domain and can/will be read by all.

Go here to comment; Comments on Disney Carry

PM me with any additions or corrections. - cane
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Last edited by canebrake; 03-02-2012 at 01:51 AM.
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