Comments by Criminal Justice Committee:
As noted above, the FWCC currently has a rule prohibiting persons from possessing any gun on any
WMA during any period in which hunting by the use of a gun is prohibited unless otherwise authorized
by permit from the executive director. Because all National Forests in Florida are also WMAs, the
FWCC rule would apply in National Forests. Thus, even though the bill has the effect of removing the
firearm prohibition in regards to National Forests, people would still be prohibited from carrying firearms in WMAs (and therefore National Forests). In order to effectuate the purpose of the bill (i.e. remove the prohibition on carrying firearms in National Forests), the bill should direct the FWCC to amend its rules (e.g. the bill could direct the FWCC to amend its rules to allow firearms in WMAs that are also National Forests).
The FWCC reports that, effective July 1, 2006, an amended version of its firearms rule will take effect.
The amended rule would allow persons with concealed weapons permits to carry firearms in WMAs at
any time. This amended rule would still conflict with the provisions of the bill in the manner described
above.
It should be noted that repealing the statutes and rules prohibiting persons from carrying firearms in
National Forests/WMAs and state parks does not mean that persons will automatically be able to
openly carry weapons in such areas, carry concealed weapons in such areas without a permit, etc…
The laws that apply to the carrying, use, etc… of firearms would apply (e.g. section 790.053, F.S.,
prohibiting persons from openly carrying firearms, would apply; s. 790.06, F.S., requiring a permit to
carry a concealed weapon, would apply and require anyone in a National Forest/WMA or state park to
have a permit to carry a concealed weapon).
It should also be noted that the bill does not affect the provisions of 36 C.F.R. 261.10(d), discussed
above, relating to the discharge of a firearm in a National Forest.