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Discussion Starter · #1 ·
Last time I was at Lummus Park in Miami Beach (in South Beach), I saw a sign in the sand stating no guns were allowed. I have not seen signs like that at other Florida beaches I've gone to.

Does that sign have legal implications for people with a Florida CCW permit?

Florida's CCW website does not list beaches as prohibited areas and an Internet search turned up nothing. Thanks.
 

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I have seen such signs at county beaches on the west coast - Lee and Collier counties. Guns were only one of many prohibitions there to include alcohol, fireworks, fires, motor vehicles, glass containers, and dogs.

I believe that if you violate the rules there, you can be asked exactly one time to leave. Any refusal or delay might result in an arrest for trespass, and armed trespass is a more serious charge.
 

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Discussion Starter · #3 ·
Makes sense. You're saying the sign posted by the city has the same effect as private posted (not prohibited) areas in Florida.

The only other sign I've seen in Florida was on a store in Key West and although I did not enter the store, I understood how the law applied for that situation.

I hesitated, surprised by the official looking city sign in South Beach, and returned to the sidewalk.

Thanks.
 

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you're going to need some pretty substantial swimming trunks to CC there at the beach. maybe some of those old fashioned candy striped full length type. or just keep your piece in your straw hat.
 

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Last time I was at Lummus Park in Miami Beach (in South Beach), I saw a sign in the sand stating no guns were allowed. I have not seen signs like that at other Florida beaches I've gone to.

Does that sign have legal implications for people with a Florida CCW permit?

Florida's CCW website does not list beaches as prohibited areas and an Internet search turned up nothing. Thanks.

As with any question like this, you need to go to State law. I doubt there's any beach that's "just a beach" rather, it's owned and or controlled by the State, a County or City or under some park authority. It would be no different than any other property of the same. ie. State park.
 

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Last time I stayed in a hotel at Miami Beach, ~15 years ago, there
were armed guards roaming around the property. I assumed from
that that MB people are uptight about security. So I'm not surprised
by the sign you saw.

Joe
 

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Excellent, if they actually follow thru and change the signs. I'll be over in Lee County in March and I'll check the signs then.
 

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I have not seen the signs at the beach... and if you conceal it well.. no one knows...

just dont walk into a Miami Beach bar when carrying...
 

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Discussion Starter · #11 ·
Looks like local governments can't override state Florida gun laws.

In retrospect, I was being overly cautious. I was dressed in street clothes, the gun concealed.

Thinking of going back this spring, along with a side visit to the Everglades. The NPS will have stopped its illegal ban in the glades by then.
 

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I don't think a sign can be illegal, but a sign can be, not legally effective. Or as in Texas, there are signs that are legally effective except to someone carrying under the authority of a CHL.

Technically speaking anyway.... :D
Although once they are notified their 'law' is unenforceable it's illegal for them to continue intentionally misleading the public.
 

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Although once they are notified their 'law' is unenforceable it's illegal for them to continue intentionally misleading the public.
I'll use Texas as an example. Someone carrying a handgun concealed without a CHL is committing UCW (Unlawfully Carrying a Weapon). A sign might not mean anything to me, carrying under the authority of a CHL, (in Texas, a sign must meet certain criteria to be "effective legal notice") but a unenforceable sign still reminds someone committing UCW that they are commiting a crime. Silly I know, but it's not illegal.

Also, a lot of businesses will post the silly signs that legally do nothing, to appease some customers, the stupid ones. The sign still isn't illegal. :D

I doubt Florida is much different, but I don't know that for a fact.

EDIT: after reading again, I think you're talking about a municipality maybe? It's not their responsibility to educate the public of the law therefore, is a sign put up my a municipality is not enforceable, it's not enforceable and that's it. But I think that's will be rare, if it ever happens. Municipalities generally don't just make fundamental legal mistakes like that. But still, a municipality has no responsibility to educate the public.
 

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I think you all got this one but I just wanted to clarify.

In FL all gun laws are controlled at the state. For CWP holders there is a small list of places that are prohibited. If it is not on the list then you are legal to carry there. Beaches and Parks are not on the list. A posted sign has no legal value. The location is either prohibited by being on the list or it is not prohibited and you can legally carry to include private property. Not posting a sign in a prohibited area does not change anything it is still prohibited. Posting a sign somewhere not prohibited does not change anything you can still carry.

To be trespassing or armed trespassing you must be verbally told directly that you must leave and then refuse to do so. A posted sign does not satisfy that notification requirement.

Unless the beach is part of a school or being used as a professional sporting event you are free to carry at any Florida beach with a CWP. If they where holding a professional surfing competition you might be in some gray area. If they didn't have some defined boundary to show when you are at the event and when you are outside the event I don't think charges would ever be filed.

Bars are another gray area IMO. It is hard to say what is a "Bar". If they have tables and you sit at the tables and not the bar I think you would be fine and with some searching I have never seen a case that contradicted that but YMMV. I know sitting in the dining room at Chillis is fine.
 

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I always daydreamed about having more of a gun in my speedos instead of just a snubnose like I was graced with. :biglaugh:
 

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sawed off pump 12 gauge in the speedo. Right in the middle. Makes for a great show when you fire off a few.

Hey, on a more serious note I used to live in Hardee County and there were plenty of times that I was worried about low lifes. Coquina Beach (Anna Maria) and the beaches near Tampa sometimes get rough. Coquina has a shooting ON THE BEACH I think every Easter thanks to rival hispanic gangs that gather there every year for that holiday.
 

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sawed off pump 12 gauge in the speedo. Right in the middle. Makes for a great show when you fire off a few.

Hey, on a more serious note I used to live in Hardee County and there were plenty of times that I was worried about low lifes. Coquina Beach (Anna Maria) and the beaches near Tampa sometimes get rough. Coquina has a shooting ON THE BEACH I think every Easter thanks to rival hispanic gangs that gather there every year for that holiday.
Just some of those good old devote, non-violent Christians! :D

Does that mean all Catholics are thugs and gang-bangers? :biglaugh:

Sorry, I saw the chance to follow up to some "other" threads and took it. I know I shouldn't have.
 
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