Carrying in Florida’s State Parks

Florida Has Nearly 200 State Parks

According to www.floridastateparks.org, Florida hosts 192 state parks. If you enjoy the outdoors, it is likely you will visit one of our state parks.   Therefore, you need to know the law regarding carrying in Florida’s State Parks.

With A CWFL

State Parks are not one of the listed prohibited places in Florida Statute 790.06.  Therefore, if you have a CWFL, you may carry your firearm concealed on your person while in a State Park.

With or Without A CWFL

Furthermore, Florida Statute 790.025(3)(h) allows open carry while engaged in fishing, camping or lawful hunting.  Consequently, this makes carrying in Florida’s State Parks legal while engaged in these activities even without a CWFL.  Of course, this does not apply if you are otherwise prohibited from possessing a firearm.

Caution

The Florida Department of Environmental Protection enacted Rule 62D-2.014 (10) in 2006.  Rule 62D-2.014(10) states (in relevant part):

No person shall use or openly display in any state park weapons such as firearms of any type.

Read Rule 62D-2.014 in it’s entirety.

Under Rule 62D-2.014(10), carrying in Florida’s State parks is limited to only those with a CWFL.  Therefore, even if engaged in fishing or camping, you could not carry without a CWFL.

Note: (Florida Statute 258.008, prohibits hunting in a state park).

Preemption

Thankfully, the legislature enacted Florida Statute 790.33 in 2011.  790.33 is Florida’s preemption Statute.  Florida Statute 790.33 states:

(1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.

Based on Florida Statute 790.33, Rule 62D-2.014(10) should be null and void, but of course there are no court cases specifically addressing that issue.

Exception – Savanna State Reserve

There is one exception to the general rule of carrying in Florida’s state parks.  You cannot carry while visiting the Savanna State Reserve.  Pursuant to Florida Statute 258.157(2), it is unlawful for any person, except a law enforcement or conservation officer, to have in his or her possession any firearm while within the Savannas except when in compliance with regulations established by the Fish and Wildlife Conservation Commission applying to lands within the described boundaries.  A violation of Florida Statute 258.157, is punishable as a second degree misdemeanor.  Therefore, you could spend up to 60 days in jail, $500 fine and/or 6 months of probation.

Visit this page to learn more about carrying in National Parks in Florida.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
read more