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    Greg and Beth

    the political and personal musings of two
    mountaineers living in west-central Florida
     
    Whoa. Wait a Minute Here. Comment
    Gregory Morris, 12/10/07 11:29:26 am
    Woman forgets she has her concealed pistol as when she goes to Disney World.

    Not uncommon. Not a real problem either. I think you should always consciously carry, instead of just leaving your gun in your purse... but there is no law saying you have to do that.

    What I'm concerned about here is that the article says:
    She was charged with carrying a concealed weapon inside the theme park with her grandchildren.


    Is that a crime in Florida? I understand the basics of the law, which says you cannot trespass with a firearm without being in a crapload of trouble. But it is only trespassing if she is asked or warned to leave, and she refuses. The second the person at the gate found her gun, she should have been asked to leave. If she refuses, the charge is "trespassing". If she leaves, there should be no charge. There is no law, that I am aware of that says, "it shall be a crime to carry a concealed weapon inside a theme park."

    Maybe I'm missing something. I just don't remember seeing "Disney World" on the list of off-limits places to carry.

    They also found a pair of scissors. Carried by a grandmother in her purse. Scary.

    Update:Here is where the law is explained. Still don't see Disney on the list.
    Update 2:Attorney Jon Gutmacher explains FL trespass law.
    Update 3:This article says she was charged with possessing a concealed weapon. I guess she didn't have a license...
    [Comments are closed after a month.]
    Re: Whoa. Wait a Minute Here.
    Robb Allen, 12/10/07 2:57:17 pm
    The Mrs. and I have, until the month's end, annual passes to Cypress Gardens. They metal-check you at the door, but since we have a stroller it would be rather easy to put the pistol in that and walk in since they don't push it through.

    Not that I've done that, mind you. I just assume it's easy.

    Now here's the rub, when you go through that much hassle to defeat the system, to me it would seem that you intentionally broke their rules and therefore are trespassing, even though they don't know it.

    What do you think about that?
    Re: Whoa. Wait a Minute Here.
    Gregory Morris, 12/10/07 3:57:17 pm
    IANAL... of course... but here's my understanding:
    If you didn't see the "Gun Free Zone" signs, you are only trespassing if you are asked to leave and fail to do so. In fact, I do not believe that signs hold any legal weight, technically. So you are only in violation of the law (armed trespassing) if you refuse to leave and you have a gun.

    Charges may be pressed if it is obvious you knew the rule and violated it anyway, because the law says something to the effect of "you can carry a gun anywhere you are legally allowed to be", and if you knew you were not allowed in there with a gun.... the case would probably be dropped, but not without a lot of hassle.

    FL law also requires that for concealed carry, your firearm must be concealed "on or about your person". I'm not sure if a stroller would qualify as "on or about" if you want to use it to carry pursuant to your license. It might. A purse does.

    Regardless, as far as I know, it isn't considered trespass if you can reasonably say you didn't believe you were trespassing, and you have never been actively warned.

    I'm sure it is more complicated than that though.
    < "Natalie! No!"
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