Anyone know if the Tx CHL-100 form counts as proof of competency documentation for the FL CCW?

http://www.flsenate.gov/Laws/Statutes/2012/790.06



Section 2(h)



 

Thanks kissfan.  Been looking at statutes but still not sure.  Was hoping someone who went from Tx to FL could answer it from their experience.  I'm inclined to submit it and see if it qualifies.

I actually have a question about this.

Basically I used to live in Ohio and completed my CHL requirements by completing the NRA Basic Pistol Course. I then moved to Florida before I ever made it to get my permit.

Now that I live in Florida will I have to redo the class or will my permit from Ohio work?

It's my understand that Florida classes are only like 4 hours long, the Ohio class was about 12 so it's a lot more in-depth.

The NRA certificate will be enough

Looking for the FL statute that allows you to shoot on your own property as long as it's not across a road and without being negligent. There has been some talk of this, I'd like to shoot .22's in my back yard and not worry about Johnny Law. If I could pull up the statute if they were to be called out I could make their jobs easier.

Any help would be great.



ETA......NM I found it.

Indian lands including casinos, are not prohibited places and it's legal to carry.

Automatic knives are banned on indian lands according to federal law.

I carry at the casinos, if they are posted with no firearms signage its just like any othe privately owned business.

If your CCW is detected and you are asked to leave you have to leave ASAP.

In Florida, State laws apply on Indian Lands, not Federal. Therefore that prohibition does not apply.

Anyone know the current wait times for a CWP?

edit: so far 2 of my coworkers have received theirs in 2 weeks from WPB office. I'll know by the end of this week.

I'd be careful with that one. Federal law usually trumps State law, would suggest an attorney's advice at least. Good to know the above, heading out for Hard Rock in  few, will substitute a Balisong for my Microtech Ultratech to supplement the Glock.

Not in this case. There are specific federal statutes that allow Tribes and States to agree on state jurisdiction in lieu of Federal.

Jon Gutmacher says to leave the automatic knives at home when visiting Indian Lands.

I'll accept his advice on the matter.




"Furthermore, it is a felony for an individual to transport them into another state, possess on any federal waters outside of a state's jurisdiction or Indian land. The only exceptions to these prohibitions are if the person in possession has only one arm, and the blade is three or less, or the person is a member of the armed forces performance of duty. So, keep them off your person if gambling on the Seminole reservation, on an ocean voyage, or travel state-to-state. Otherwise, it's a five year federal fe1 USC 1241-1245. Likewise, try to remember you need a CWP to carry these anywhere off your property or business. They a not a "common pocket knife".

Meh, he's been wrong before...ask him to explain 25 USC 1321, FS 285.16.

Just like he is with this sentence: Likewise, try to remember you need a CWP to carry these anywhere off your property or business. They a not a "common pocket knife".
It's perfectly legal (excepting a few local ordinances) to openly carry any weapon, except an electric weapon or device in Florida.

Also all of the provisions of 790.25(3) and 790.25(5) apply equally to weapons as they do for firearms. So anywhere you can carry a firearm (without a CWFL), you can carry an automatic knife.

There has been no state preemption in the area of knife laws in Florida.

For example, I believe that it is illegal to carry automatic knives in Miami Dade County with or without a concealed firearms or weapons license.

That is currently a disputed area of law.

He/we were not talking about a couple (legally questionable) local ordinances, rather state laws specifically. His blanket statement about requiring a CWFL is completely wrong.

Jon Gutmacher,  is unarguably among the State of Florida's premier firearms and weapons laws criminal defense attorneys.

Being that you are of the belief that his understandings on these matters is completely incorrect; you can opt to represent yourself in the event you are ever in need,  due to your having been arrested on a weapons charge related to this conversation.

I think you meant "arguably". Yep, he's one of several.

I'm certainly capable of defending myself, but only an idiot would do that.

I would not hire Jon in any case...nothing against him (heck, I don't even mind that he disagrees with me) , it just that I have a couple others that I prefer.

With respect to several new CWP obtainees. I appreciate making the effort to pay all the angles with this particular insightful information and sources.

This link just goes to the main ar15.com page



anywhere that has the info.



I'm specifically looking for residency requirements, I'm relocating to the miami/ft lauderdale area. (don't worry, it's to make guns and I drive fast)



 

There are none.


Here is a link to the DOACS CWFL website. http://www.freshfromflorida.com/Divisions-Offices/Licensing/Concealed-Weapon-License

awesome, that was my assumption because I couldn't find any info.





It will be easier to movie to florida and get a ccw than it would be to get one here



 

Very good info
thank you

I was wondering and even though I have my CCW. Let's say I didn't. Can I carry concealed in my own place of business or where I work assuming employer is Ok with carrying without CCW??

Anyone 18 years of age (not otherwise prohibited by federal or state law - felon, nut case, under indictment, etc) may carry any firearm concealed or openly; at home or where they work - no need for a CWFL or permission from your employer. Same with hunting/fishing/camping (or going to or from); at or going to and from the range and any other circumstance covered under 790.25(3).

Thank you!

Sorry if this has been already answered. Moving to Florida soon and  I'm on a very slow connection and it would take a long time to read through 11 pages...

According to the what I read about handguns and car transportation, according to the securely encased, it would be legal to carry a loaded handgun in the glove compartment without a carry permit? Is this just for transport to and from a gun range or could you just keep one there?

Keeping it there all the time is fine.

Of course all the other provisos apply. At least 18, legally allowed to possess by state and federal law, etc.

thanks!

Renewal....
I expire in December. Do I have to initiate a renewal or do I get mailed something?
What are the current costs & do I need to submit a new picture?

Thanks

http://www.freshfromflorida.com/Divisions-Offices/Licensing/Concealed-Weapon-License/Renew-Your-License

Renewal fee is $60.

Will florida accept a mississippi hunters safety class for the training requirement?

790.06(2)(h)(1):

That's what I thought hoping my hunters safety card is enough to be accepted. Not sure what documentation they actually accept.

The card, I doubt it, most likely they will require the actual certificate showing completion of the course (if your state issues them.) I know in Florida one can contact the FWC and get a copy of their certificate for his FWC class. My SIL did this to obtain his CWFL.

But you can always call Tallahassee and ask.

We do not hand out certificates, we hand out cards after the completed class. There is no "certificate" that I am aware of. The card IS the certificate now.





 

Thanks.

I'm too old and experienced to have had to worry about a hunter safety program.

I briefly read through the thread and it seems unclear on the Indian casinos. I have  my CHL and will be staying at miccosukee casino hotel while working in the area. I don't want to carry in the casino specifically but I want to take my gun with me on the trip there which is across several states and to possibly carry while out and about. My extent of "carrying" while at the casino would just be in and out of my motel room.

Someone posted about state law applying at Florida Indian land so you are GTG but then I read this and am confused.

"Even with a permit to conceal and carry a firearm in the state of Florida, there are certain places where it is never legal to carry the gun. These places include any "place of nuisance (casino or gambling hall, for instance), any police or sheriff's station, any jail or courthouse, any courtroom, any polling place, any place that serves alcohol as its main function (bars, night clubs), and any school or athletic event. "

I have never seen casino or gambling hall being listed as a "place of nuisance"



Here is the FL statute defining it:



http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0823/Sections/0823.05.html



823.05 Places and groups engaged in criminal gang-related activity declared a nuisance; massage establishments engaged in prohibited activity; may be abated and enjoined.—

(1) Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures, and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.

They would have to be in violation of the law to be counted in that definition as I read it.



YMMV, Not a lawyer. Didn't stay at a Holiday Inn Express last night even.
 

Where did you read that BS?

No legitimate business can be a 'place of nuisance'.

A pretty detailed set of circumstances have to exist before a place can be declared as such. The final part of that process is a court order.

(Derived from the OP)
Statute 790.06 (h) 7; as long as one demonstrates competence by  taking any firearms training or safety class by a certified instructor...
My question is can an instructor technically teach any class they derive that allows one to "demonstrate competence"? Is that how the firing one round classes work?
Thanks
P.s. I personally believe that is NOT competence. But that's a topic for another day.

The class does not even have to provide any such 'competence' content. They can literally teach any class they desire, the class could be as simple as walk in; say hello; 'be careful, the bullets come out of this end'; class dismissed.

There is no statutory requirement for course subject matter or duration, only that it be taught by a 'certified' instructor. There is no statutory requirement to discharge a firearm either. DOACS has interpreted this portion (added in the early/mid 90's - specifically as a record-keeping requirement as noted the the Legislative Intent preamble to the bill.-  It's important to note the legislature did not change the requirements that demonstrate competency. They simply, explicitly, added a record-keeping requirement).

The part in blue is where the confusion (and the "fire one .22 round into a bucket of sand") comes from:

However they are statutorily prohibited from making such interpretation, see 790.06(15)
. . .


And of course, 790.33(1)


The problem with the DOACS is they are the ones 'making the rules' and nothing will change until it is challenged in court.
Of course it is also a possibility that the court will agree with DOACS (despite the statutory prohibition on them making such interpretations) and say something to the effect "Well of course the legislature intended for folks to actually fire a gun in order to demonstrate competency, that's just common sense."

But the responding argument would be "Does that same 'common sense' suggest that firing only a single round into a bucket of sand demonstrate competence?"

What happens if the instructor does not keep such records? There is no penalty in this statute. Doing so does not violate any other Florida statute. There is no statutory provision that permits DOACS to 'disallow'/void the completion certificate.

The statute clearly requires them to issue the license upon submission of the proper documents. It just as clearly prohibits them from adding to (or changing any of) the requirements.

The same goes for their 'rule' requiring the instructor's cert # on the document. (this one might squeeze past the courts because the statute requires the instructor be 'certified'.)

It's also important to note that the amendment to the statute, does not require the instructor to document such observation (nor is that a requirement by DOACS) on the completion certificate.

IMO, based on the rules of statutory construction, the courts would have to rule on:
1) The language added to the statute is unconstitutional. It purports to require observation of an event that is not required (and may not have taken place), requires records be kept, but provides no details on manner of such records, how long said records are to kept, to whom (if anyone) they must be made available, etc.

2) The DOACS is prohibited, statutorily, from creating/enforcing such rule.

3) The DOACS (unlawful) interpretation is improper based of the maxim of statutory construction Expressio unius est exclusio alterius, which says that the expression of one thing is the exclusion of the other. When certain things are specified in a law, an intention to exclude all others from its operation may be inferred.

The legislature said the applicant Demonstrates competence with a firearm by doing one of these seven things nothing else:
. . .
Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor
. . .
Without any requirement to discharge a firearm, therefore any attempt to add such a requirement (even by the court) is improper.

I'm pretty sure they would have to rule in favor of all three of the above.

OK, here's one I didn't see yet (or maybe I missed it )  I'm coming to FL for a vacation.  I live in TN and have a valid TN carry permit.  TN & FL have a reciprocity agreement.  Now, with that out of the way, TN issues a HANDGUN carry permit, whereas FL issues a concealed WEAPON permit.  In TN, our HCP do not extend to weapons other than firearms.  Once in FL, would I be "legal" to carry a concealed knife?  I guess I'm asking if the reciprocity grants "Florida level" concealed weapon status while I'm in the state of FL....make sense?

The answer was on the first post ....

Just as an FYI too,
the UTAH CCW class is acceptable as proof of training for FL CWL as well as the CMP paperwork.

Nevada has a very severe statute involving printing as well as the intentional or unintentional ability to view the concealed weapon, but I have never found such a law in Fl.

If you have kept the Dept. of Agriculture up to date on your residential address they will send you a renew form.  BTW, you can renew by mail or at many tax collection offices around your county.  the mail takes much longer than the tax collector's office, whom charge a premium for the convenience.

Good day all.





I'm a FL resident (Brevard) wanting to apply for my CWL but am out of the area.





The website www.freshfromflorida.com says I can do this by mail, but when you click on the mail link one of the instructions says I need to stop by a sheriffs office for fingerprinting. I would be getting my fingerprints done on a military installation, does that suffice for this item number?
Thanks!





Kongo
Edited to take off the picture that didn't load.... :(
 

http://www.freshfromflorida.com/content/download/26365/504278/ConcealedWeaponLicenseApplicationInstructions.pdf



"If you use the enclosed card, your fingerprints must be taken at a LAW ENFORCEMENT AGENCY."



Where ever you are located you should be able to go to the local law enforcement agency and get them done.

Here's the actual statutory reference: "A full set of fingerprints of the applicant administered by a law enforcement agency or the Division of Licensing of the Department of Agriculture and Consumer Services or an approved tax collector..."

Since Kongo referenced Military, if he is Active or a Veteran, then 790.062 applies: "The Department of Agriculture and Consumer Services shall accept fingerprints of an applicant under this section administered by any law enforcement agency, military provost, or other military unit charged with law enforcement duties or as otherwise provided for in s. 790.06(5)(c)"

I'm trying to get a shotgun transfered to me here in FL.  CO resident, FL property owner.  The FFL in FL is telling me they can not do a transfer to a CO resident,  the FL shop is going off a document from the NSSF.....should I just try some other FFL in FL/Tampa bay area?