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Glock23-4-Me
Regular Member
| Joined: | Thu Feb 12th, 2009 |
| Location: | Tampa, Florida USA |
| Posts: | 51 |
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Posted: Thu Nov 5th, 2009 12:55 pm |
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brboyer
Regular Member
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Posted: Thu Nov 5th, 2009 01:27 pm |
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Glock23-4-Me wrote:
Do we now need to challenge them on the following?
Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent, means the weapon shall be secured in a locked container.
Why can't they simply say that possession of firearms/weapons must comply with all provisions of Florida Statutes?
Last edited on Thu Nov 5th, 2009 01:28 pm by brboyer
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
| Posts: | 641 |
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Posted: Thu Nov 5th, 2009 05:54 pm |
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| Why is the post blank?
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Glock23-4-Me
Regular Member
| Joined: | Thu Feb 12th, 2009 |
| Location: | Tampa, Florida USA |
| Posts: | 51 |
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Posted: Thu Nov 5th, 2009 11:06 pm |
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lockman wrote:
Why is the post blank?
not sure why you cant see it, but I will post the text below
FROM: Tracey S. Hartman, Sr. Attorney, Office of the General Counsel
SUBJECT: Open Display of Firearms in State Parks
The Department is interpreting rule 62D-2.014(10) to be consistent with section 790.25(3)(h), Florida Statutes, regarding the open display of firearms. This will allow persons visiting the state parks to lawfully display firearms while they are engaged in fishing, or camping or going to or returning from a fishing, camping, or lawful hunting expedition. It remains a criminal violation of section 258.008(3)(e) for any person to engage in the act of hunting within the boundaries of a state park without first obtaining the express permission of the Division of Recreation and Parks.
The Department still fully intends to enforce the strictures of Chapter 790 in the parks, including the prohibitions against the improper exhibition of dangerous weapons or firearms, discharging a firearm in public, using a firearm while under the influence, shooting into dwellings, public or private buildings and the safe storage of firearms. The rule still prohibits the use of weapons within the parks and requires that:
Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and, if in a tent, means the weapon shall be secured in a locked container.
As I have stated in previous bulletins, these memoranda cannot begin to address every situation an officer will encounter. It is intended merely to provide general information regarding the Department’s decision to interpret the rule in conformance with state law. The Department expects you to use you professional judgment based on the totality of circumstances and act accordingly.Attachment: Law Enforcement Bulletin 09-03 Open Display of Firearms in State Parks.doc (Downloaded 49 times)
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fridaddy
Regular Member
| Joined: | Tue Nov 18th, 2008 |
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| Posts: | 36 |
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Posted: Sat Nov 7th, 2009 02:43 am |
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brboyer wrote: Glock23-4-Me wrote:
Do we now need to challenge them on the following?
Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent, means the weapon shall be secured in a locked container.
Why can't they simply say that possession of firearms/weapons must comply with all provisions of Florida Statutes?
Because when the legislature ordered DEP to come into compliance with the statute it included language in the bill ordering that a part of the new rule would include that safe storage language. The DEP has been ordered by the legislature to include that language in the rule and they did so there is no preemption conflict. See HB 1029
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Grapeshot
Founder's Club Member
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Posted: Sun Nov 15th, 2009 04:02 am |
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Its a beginning to OC in Florida - keep pushing.
Yata hey
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numaone
Regular Member
| Joined: | Wed Nov 18th, 2009 |
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| Posts: | 1 |
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Posted: Thu Nov 19th, 2009 02:52 am |
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Why does the gun have to be in a locked container? Securely encased in Florida has never meant "locked" in something. In fact, the courts have ruled a handgun in a closed pizza box is securely encased. Seems like the DEP got this one wrong.
As for open carry, if I am camping in a Fla State park, I can have a shotgun slung on my back. Have I interpreted this correctly?
Thanks,
Numaone
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brboyer
Regular Member
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Posted: Thu Nov 19th, 2009 04:14 pm |
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fridaddy wrote: brboyer wrote: Glock23-4-Me wrote:
Do we now need to challenge them on the following?
Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent, means the weapon shall be secured in a locked container.
Why can't they simply say that possession of firearms/weapons must comply with all provisions of Florida Statutes?
Because when the legislature ordered DEP to come into compliance with the statute it included language in the bill ordering that a part of the new rule would include that safe storage language. The DEP has been ordered by the legislature to include that language in the rule and they did so there is no preemption conflict. See HB 1029
General Law 2006-103 in part:
The Department of Environmental Protection shall amend rule 62D-2.014(10), Florida Administrative Code, to allow the possession of weapons in compliance with all applicable Florida Statutes. The rule shall be amended to indicate that such weapons shall be at all times in the possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks.
Which does not require a "locked container"
Safe storage is covered in 790.174, therefore I submit that the locked container in a tent requirement is unlawful.
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