Many people enjoy going to one of the casinos in Florida while vacationing here. Frequently, people wonder, “Can I carry a firearm when I go to a casino in Florida.” Many people may not realize that casino gambling is not legal in the State of Florida, even though there are casinos on the peninsula. Without exception, all casinos in Florida are located on Native American lands and are owned by the tribes.
Does Federal Law Control Whether I Can Carry a Firearm Into a Casino on Indian Lands?
No, state law controls whether a person can carry a firearm onto the lands owned by America’s indigenous population and therefore the answer varies from state to state.
Florida law, both criminal and civil, applies on all Native American reservations in the state of Florida. § 285.16 Fla. Stat. Therefore, since the concealed carry of a firearm on Native American land within the State of Florida is not specifically prohibited anywhere in federal or state law, a CWFL holder is allowed to carry a firearm on all Native American lands within the state.
Property Rights Still Apply!
Of course, remember that a property owner can restrict the possession and carrying of a firearm on their property, so even if you have a CWFL, if you are asked to leave because you are carrying a firearm and you refuse, you can be arrested for trespassing.
Other Considerations Regarding Firearms on Native American Land
There are a couple of other important laws that effect the carrying of firearms and other weapons on Native American land. First, 18 U.S.C. § 1165 prohibits hunting or fishing on tribal property without lawful authority or permission from the tribe and imposes the penalties of forfeiture of any and all game, fish, and peltries in addition to imprisonment up to 90 days. Second, 15 U.S.C. § 1243 makes it illegal to possess a switchblade knife on Native American land and imposes a fine up to $2,000 and up to five years in prison for such possession.
Traveling to Florida with a firearm? See our post and learn to stay legal. Click here.