Question about CCW and Trespassing in FL

[VirtualSVT]

I have a question about carrying and being trespassed.

Lets say you carried onto Disney property. If you are trespassed does it instantly equal a third degree Felony like 818.08 Subsection C states?

This is assuming you were not in an incident where you had to expose you were carrying.

Also is there any legal backing to the signs posted stating no guns? A few were told no by their CCW instructor and I've yet to take the class.




To save googling:
818.08 (c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

 

[Lt. ZO6]

Why would you not respect the rights of private property owners?

 

[Satyr]

I am also curious about the question regarding the gun buster signs. I have seen them in really odd places and wondered whether or not they are proper in a public setting.

 

[Lt. ZO6]

Disneyland is private, not public property. The owners are well within their right to forbid firearm possession by patrons. Some states give a lot of weight to posted signage.

 

[Lt. ZO6]

California Penal Code 602 PC...

Looks similar to Nevada. You would be told by Disney (by them or by an officer, at their request) to leave the premises with the firearm. If you get caught again with the firearm, you could be arrested (maybe even with the enhanced penalty you indicated).

Personally, I still don't understand why one would have little or no respect for the rights of others though. They don't want your firearms at their establishment. Desiring to "loophole" your way in there is :bs:.

 

[Blade Runner]

Personally, I still don't understand why one would have little or no respect for the rights of others though. They don't want your firearms at their establishment. Desiring to "loophole" your way in there is :bs:.

I'm going to stir the pot here a bit and say that just because an establishment is anti 2A, that doesn't mean that you don't have the right to protect yourself by any legal means....:shrug:

 

[Satyr]

Disneyland is private, not public property. The owners are well within their right to forbid firearm possession by patrons. Some states give a lot of weight to posted signage.

I never said that Disney was public...but I once saw a sign near the entrance of a public park and didn't know whether or not that actually held any water.

I didn't carry in the premises, anyways, but I was curious whether I would have been violating anything, if I had.

 

[19mustang95]

If they suspect you of having a firearm, they can make you leave the property. But them having a sign that says no guns allowed means nothing as far as you being able to bring it onto the property.

And this is only pertaining to Florida, in some states, "no gun" signs actually do hold weight. When you take a class, they give you the florida laws pertaining to concealed carry. Included is a list of places you can and cannot take you weapon. If i remember, i'll look up the statute.

 

[Lt. ZO6]

I'm going to stir the pot here a bit and say that just because an establishment is anti 2A, that doesn't mean that you don't have the right to protect yourself by any legal means....:shrug:

If a business decides to not allow firearms, your ability to protect yourself is not affected in any way...

 

[FordSVTFan]

I have a question about carrying and being trespassed.

Lets say you carried onto Disney property. If you are trespassed does it instantly equal a third degree Felony like 818.08 Subsection C states?

This is assuming you were not in an incident where you had to expose you were carrying.

Also is there any legal backing to the signs posted stating no guns? A few were told no by their CCW instructor and I've yet to take the class.

Why would you carry onto Disney property when there are tons of signs informing you that you may not enter the park with a firearm or weapon.

It is private property, the owner may restrict anyone as long as they are not in a protected class and it is for that reason.

Basically, you purchase a ticket, which is a license to enter the park and use the facilities. By doing so you agree to the terms. Once you violate the terms your license can be terminated and you removed from the park.

Florida trespassing law requires a warning. Therefore, unless posted or otherwise told not to enter by a person in authority, if you enter you are not trespassing. However, once identified and you are told by a person in authority that you must leave, if you stay, then you are trespassing.

By intentionally violating the terms of the license and carrying a firearm you are trespassing. Additionally, you are trespassing with a firearm. That is an F3. In the 9th Circuit (Orange and Osceola Counties) you are likely to be prosecuted, especially if Disney pursues it.

If they suspect you of having a firearm, they can make you leave the property. But them having a sign that says no guns allowed means nothing as far as you being able to bring it onto the property.

That is incorrect. The number one property right in Florida is the ability to restrict others from entering your property. That sign means they have the right to deny you entry and should you make it in, you are now trespassing.

And this is only pertaining to Florida, in some states, "no gun" signs actually do hold weight. When you take a class, they give you the florida laws pertaining to concealed carry. Included is a list of places you can and cannot take you weapon. If i remember, i'll look up the statute.

You clearly did not understand what they told you during your CCW class. Owners of private property can restrict whomever they wish as long as the person isnt in a protected class and the restriction is for that reason.

The listing of place you can and cannot carry pertains violation of the CCW law, not other criminal laws.

 

[FordSVTFan]

I'm going to stir the pot here a bit and say that just because an establishment is anti 2A, that doesn't mean that you don't have the right to protect yourself by any legal means....:shrug:

You have every right to protect yourself within the LAW. You do not have a right to enter another's private property against their will. It would be against their will to enter their private property with a firearm.

 

[VirtualSVT]

Gotcha. Thanks Everybody.

I wouldn't enter with a gun as collateral damage risks are high. I always carry a knife though and never had an issue.

 

[19mustang95]

That is incorrect. The number one property right in Florida is the ability to restrict others from entering your property. That sign means they have the right to deny you entry and should you make it in, you are now trespassing.



You clearly did not understand what they told you during your CCW class. Owners of private property can restrict whomever they wish as long as the person isnt in a protected class and the restriction is for that reason.

The listing of place you can and cannot carry pertains violation of the CCW law, not other criminal laws.

I listened just fine to what the instructor was saying. He gave specific examples of the signs and places such as a mall with signs posted at entrances. Now as to whether he or.you or right, I'm not one hundred percent certain. All I know is he has been an instructor for 15+ years so I was taking what he said to be true, since I havent heard otherwise. But I know you have much more experience with law enforcement than he does. Guess i'll have to research these things more for myself, before believing someone that is suppose to know what they are talking about..


Random thought, what was your thoughts on the legislation, that eventually failed to get passed, allowing people to carry on college campuses? Just interested to know from someone "on the law side of things" opinion. I thinks it pretty crappy that I can't even keep my firearm in my vehicle on campus. Especially since im usually out all day, so I have to keep it at home all day since im usually on campus part of the day and never go back home.

 

[FordSVTFan]

I listened just fine to what the instructor was saying. He gave specific examples of the signs and places such as a mall with signs posted at entrances. Now as to whether he or.you or right, I'm not one hundred percent certain. All I know is he has been an instructor for 15+ years so I was taking what he said to be true, since I havent heard otherwise. But I know you have much more experience with law enforcement than he does. Guess i'll have to research these things more for myself, before believing someone that is suppose to know what they are talking about.

Any owner of private of property can restrict your entrance for almost any reason not associated with a protected class simple as that.

Feel free to "research" whatever you like. I guess you missed the part that I am Florida Prosecutor as well.

Random thought, what was your thoughts on the legislation, that eventually failed to get passed, allowing people to carry on college campuses? Just interested to know from someone "on the law side of things" opinion. I thinks it pretty crappy that I can't even keep my firearm in my vehicle on campus. Especially since im usually out all day, so I have to keep it at home all day since im usually on campus part of the day and never go back home.

I have no problem with those license to carry firearms being able to keep them in their vehicles. I also have no problem with those with CCW who have closed quarter combat training from carrying in the classroom as long as the environment does not create a risk to the other students.

 

[19mustang95]

Feel free to "research" whatever you like. I guess you missed the part that I am Florida Prosecutor as well.

I think you took what I said incorrectly, I was referring to believing what the instructor had said pertaining to carrying on private property.

And yes, I have seen plenty of times on this forum to know what you do and previously did for work.

 

[txyaloo]

This is why I like Texas' CCW law. Businesses have to post a valid 30.06 sign if they want to keep a CHL holder's gun out. That sign has specific verbiage, in a certain size, and in Spanish or English. A gun buster sign doesn't cut it.

Now, as Adam said, if they tell you to leave, and refuse, then it's trespassing, but just being on the property with a firearm isn't an offense.

 

[VirtualSVT]

Can someone trespass you just for being on property?

Like ask you to leave and trespass you thus violating subsection C?

 

[Lt. ZO6]

Can someone trespass you just for being on property?

Like ask you to leave and trespass you thus violating subsection C?

Your question has already been answered in this thread.

 

[svtcop]

Random thought, what was your thoughts on the legislation, that eventually failed to get passed, allowing people to carry on college campuses? Just interested to know from someone "on the law side of things" opinion. I thinks it pretty crappy that I can't even keep my firearm in my vehicle on campus. Especially since im usually out all day, so I have to keep it at home all day since im usually on campus part of the day and never go back home.

I have no problem with those license to carry firearms being able to keep them in their vehicles. I also have no problem with those with CCW who have closed quarter combat training from carrying in the classroom as long as the environment does not create a risk to the other students.

Ohio CCW laws have been modified slightly within the last year or so to allow permit holders to have a firearm secured in a vehicle, or be in the process of securing it in a vehicle on a college campus. So the act of driving through campus with a firearm is now legal, just don't get out of your car with it.

I'm surprised others have not followed suit, Ohio usually isn't too far ahead of the curve on CCW laws.

 

[VirtualSVT]

Your question has already been answered in this thread.

Actually this is a slightly different question based on being trespassed even though you don't refuse to leave the property.