Loaded Gun Found by Guest on AK Dinosaur Ride

[WilsonFlyer]

OK. Serious business. What are the bag checks for? If Disney cannot prohibit firearms inside the parks (and this story will bring all this to light, like it or not), then they really are just trying to keep people from carrying alcohol in instead of purchasing it inside the gates. It appears to me that's the only thing they can legally stop you for anyway. Am I missing something?

Looks like the old magician's trick to me. Deceive them with this hand while they're not looking at the other hand. In other words, put on a show. For nothing, except purely delays and show.

 

[erionm]

After reading through this statute, it appears that Disney cannot prohibit a licensed individual from securing their firearm in their vehicle while on Disney (or any other private) property.

Disney's policy is no guns in the parks or resorts. This applies to Cast Members also.

From the link below:

If a resort guest brings one on property, it must be locked up in the safe deposit boxes at the front desk, not in a room safe. If guests visiting our theme parks bring in firearms, it must either be left in their vehicle, or checked in with security when entering the park. Only on-duty law enforcement officers whose agency has jurisdiction at the Walt Disney World Resort may carry any weapon.

https://www.usconcealedcarry.com/cc...isney-world-resorts-concealed-carry-policies/

 

[WilsonFlyer]

I am not sure if there are laws that cover this, public endangerment? I am sure god forbid someone got shot he would be charged.

I'll give you the benefit of the doubt on that one. That's certainly a very good point since that is a broad and sweeping charge anyway.

I think (and I am NOT an attorney) that you would have to prove intent also UNLESS something happened that actually caused harm. I could be wrong but that's what common sense tells me.

 

[erionm]

OK. Serious business. What are the bag checks for?

The article does say that it fell out of his back pocket, not a bag.

 

[k3chantal]

OK. Serious business. What are the bag checks for? If Disney cannot prohibit firearms inside the parks (and this story will bring all this to light, like it or not), then they really are just trying to keep people from carrying alcohol in instead of purchasing it inside the gates. It appears to me that's the only thing they can legally stop you for anyway. Am I missing something?

Looks like the old magician's trick to me. Deceive them with this hand while they're not looking at the other hand. In other words, put on a show. For nothing, except purely delays and show.

I willing to happily put up with the delays and show if it makes gun owners think twice about bringing guns into the parks. And if it makes a few not bring them in, all the better.

Since WDW serves alcohol, doesn't it fall into that list of places you can't bring a gun?

 

[WilsonFlyer]

Disney's policy is no guns in the parks or resorts. This applies to Cast Members also.

From the link below:


https://www.usconcealedcarry.com/cc...isney-world-resorts-concealed-carry-policies/

I'll ask again. As I read FL law, no business or municipality can pass a law (This would include Reedy Creek.) that supersedes state law and state law says that the right to carry cannot be denied except as explicitly outlined in the statute, which includes nothing that would exclude Disney Parks that I can find.

I know that Orlando and the State of FL made a ton of concessions and gave them a ton of leeway for Disney to build in FL. Could this be one of those situations?

 

[StevesBLT]

Oh the heck with it.

As I understand FL law, and I've looked over it pretty well since I possess a CCW in NC and we have reciprocity all the way to FL, Disney can't forbid me to have it on their property because they cannot make a "rule" that supersedes a state law.

Sorry, but you're wrong on this point. Private property owners absolutely have the right to forbid firearms on their property--that action in no way "supercedes" any state law in Florida. Disney can and has done this in their theme parks. As one poster pointed out, however, they can't ban secure firearms in the parking lots of their theme parks under Florida law.

Don't fool yourselves into thinking that there aren't guns in those parks every day. If you don't believe it, you're simply sticking your head in the sand.

Perhaps I am sticking my head in the sand, but I think this only happens rarely, and certainly not every day. I'm pretty impressed with what I've seen of Disney's security.

 

[WilsonFlyer]

The article does say that it fell out of his back pocket, not a bag.

That wasn't my point. My point was that the implication of the bag checks is for guest safety and to find firearms should they exist.

I'm not sure we've established firmly whether Disney could legally act on finding one if they did. Maybe so, maybe not, but IF they can't, then what's the point of the bag checks anyway? That was my point. Smoke and mirrors?

 

[WilsonFlyer]

We'll be down on Saturday. I'm sure it will still be all over the news.

It will be interesting to watch this unfold and see what happens, if anything. There's probably going to be precedent set here and my bet would be that it's going to take it a while to completely unfold.

 

[kristenrice]

That wasn't my point. My point was that the implication of the bag checks is for guest safety and to find firearms should they exist.

I'm not sure we've established firmly whether Disney could legally act on finding one if they did. Maybe so, maybe not, but IF they can't, then what's the point of the bag checks anyway? That was my point. Smoke and mirrors?

In regards to the question of whether or not Disney can legally act on finding a firearm (or any other weapon) in a guest's bag, if they are searching for contraband (alcohol, for example) what can they legally do if they find that? Since posession of alcohol is legal for a person over 21 years old, what legal right does Disney have to prohibit someone from bringing it into the park? I believe the answer is that they are a private entity and they can prohibit anything they want, including alcohol and weapons, as long as it is not discriminatory in nature.

A few years ago, I had a "weapon" in my fanny pack that was found during the bag check. I had a small pair of scissors (child-sized, but not safety-scissors)used to cut our Moleskin bandages and I was not allowed to bring them into the park. I was given two choices. I could surrender them or I could lock them up in a locker that was outside the park. I certainly didn't want to toss them so I opted for the locker option. I was escorted by a security officer to a bank of small lockers. I locked up the deadly scissors and took my key with me. There was no charge for me to use these particular lockers.

Certainly, I have the legal right to possess scissors, but Disney said "no, not in our place of business" so I was OK with it. They have their rules and along with that, the right to refuse entrance to those in violation of the rules. The only stipulation is that Disney's policies cannot contradict state/federal laws, such as the statute that prohibits Disney from banning people from locking their weapons in their vehicles while on property.

 

[Lynne M]

I'll ask again. As I read FL law, no business or municipality can pass a law (This would include Reedy Creek.) that supersedes state law and state law says that the right to carry cannot be denied except as explicitly outlined in the statute, which includes nothing that would exclude Disney Parks that I can find.

I know that Orlando and the State of FL made a ton of concessions and gave them a ton of leeway for Disney to build in FL. Could this be one of those situations?

FL law may prohibit municipalities from making laws that supersede state law, but it doesn't prohibit property owners from making rules about what may be brought onto their property.

I was just in Orlando a couple of weeks ago, never set foot on Disney property, and I saw "No weapons" signs (complete with an image of a handgun) at a movie theatre and at least one restaurant. So clearly, it's not just Disney that does not permit people to carry on their property.

I don't see it as being much different than Disney's rules about alcohol in theme parks. FL law says that since I'm well over 21, I am permitted to consume alcohol. Disney not only does not serve alcohol in MK, they will not allow me to consume it on MK property, or even bring it on to MK property. I can keep it in my car, I can drink it in the parking lot, but not in MK.

 

[gdrj]

I'm not sure we've established firmly whether Disney could legally act on finding one if they did. Maybe so, maybe not, but IF they can't, then what's the point of the bag checks anyway? That was my point. Smoke and mirrors?

I'm assuming they can ban entry, as a private business. But even if they can't, they could require gun owner to provide license to carry concealed weapon, and or have local Sheriffs dept. that is always there confiscate weapon or question guest, not every one who has a gun is doing so legally. As stupid as this incident was, the danger of having someone who may have a weapon illegally is probably a greater danger.

The bag check does serve as a deterrent, for weapons of all sorts, as well alcohol, not to mention more extreme and dangerous things. It also gives some peace of mind to guests that it is a safe or safer environment. I would imagine between the gun and the dry ice explosion in Disney Land the bag checks will be a bit more intense.

 

[AmyB2006]

I'll try to cover what I read over but on the iPad so too hard to quote.

A lot of you are confusing Disneys ability to prohibit the weapons vs actual law. Can Disney prohibit you? Yes. It's private property. They can make whatever rules they want. If you are found with a gun during a bag check, I can assure you, they will whisk you and your gun out of line faster than you can say, "Did that guy have a gun?" I've seen it happen.

They will most likely give you the option of storing it in your vehicle or they might ban you for the day, or forever (not likely unless you're a real *********).

There is no legal action that can be taken. No criminal charges. You are allowed to have the gun if you have a CCW permit.

Now should they have the gun? That's not for me to decide. Nor anyone else. That is our right as citizens of this country. And if someone wants to exercise that right, they should be able to.

Personally as I said before, I wouldn't and don't.

As far as the comment made about not believing people have guns there every day, read a gun owner's blog/site about Disney, and you will be quite enlightened. There are many guns in Disney every day.

Until Disney wants to put Metal Detectors at their gates (not likely) there will continue to be guns there every day.

 

[WilsonFlyer]

Interesting post from a reputable Conceal Carry forum:

You can have a gun in your car and leave it in your car even where a property owner does not allow carry. However, there are a few exceptions to this law and Disney and Universal have the exception.

Disney has a BATFE FEL (Federal Explosives Licensee), and thus meets one of the exemptions in the Florida law. Because of this Disney can prohibit guns in cars on their property but I have never heard of them doing so or even searching the cars of visitors.

Hmmmm...

 

[AmyB2006]

Business owners can do whatever they want however if the media keeps squawking in everyone's ear about guns, pretty soon most businesses will be "banning guns". I can assure you that I will still carry where the law allows me. But not at Disney. LOL

 

[DisneyRegulars]

Thank goodness the grandma found the gun and not a small child that may have started firing it thinking it was a toy gun.

Sent from my phone using DISBoards Ap, please excuse any typos and autocorrect mistakes.

 

[AmyB2006]

Thank goodness the grandma found the gun and not a small child that may have started firing it thinking it was a toy gun.

Sent from my phone using DISBoards Ap, please excuse any typos and autocorrect mistakes.

Um, yeah! I would like to think he was responsible and had it in some type of holster protecting the trigger but you never know.

And even though the media reported that as his back pocket, I'm going to assume it was just his pocket. That would make more sense and is a much more logical place to have it anyway.

 

[dianeschlicht]

That wasn't my point. My point was that the implication of the bag checks is for guest safety and to find firearms should they exist.

I'm not sure we've established firmly whether Disney could legally act on finding one if they did. Maybe so, maybe not, but IF they can't, then what's the point of the bag checks anyway? That was my point. Smoke and mirrors?

My husband once got tagged at Epcot because he had his pen knife in his belly bag. He almost can't function without that stupid pen knife to "fix" things. They confiscated his little pen knife and he had to go back and get it from them at the end of the day. No big deal. Couldn't they do that with guns too?

Your point about the bag checks is a valid one too. So what did DH do the NEXT time he went into the parks? He put his pen knife in his pocket instead of his belly bag! The bag checks are a farce.

 

[WilsonFlyer]

My husband once got tagged at Epcot because he had his pen knife in his belly bag. He almost can't function without that stupid pen knife to "fix" things. They confiscated his little pen knife and he had to go back and get it from them at the end of the day. No big deal. Couldn't they do that with guns too?

Your point about the bag checks is a valid one too. So what did DH do the NEXT time he went into the parks? He put his pen knife in his pocket instead of his belly bag! The bag checks are a farce.

Yep. Do you know how many lighters and matches get through airport security the same way? Ask us smokers. Heck, I had a TTA guy out in the smoking area at Logan actually TELL me to do that early after the ban first happened and we were all scared to death to try it. To tell the truth, I think I remember him handing me his and telling me to put it in my pocket. Never batted an eye again and never had to bum a light again either.

 

[AmyB2006]

Couldn't they do that with guns too?

The bag checks are a farce.

That IS what they do, if they find it on you or in your bag. If you give them a hard time, they could ban you from the property.

And yes, bag checks are a farce. I agree there. Waste of time.