Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 2/7/2018 1:48:50 AM EDT
To carry am AR pistol, Does this have to be on my person, or can I leave it, let's say, hanging off the back of my baby stroller in a bag?  Since we don't have open carry yet, I realize that even a momentary peak of it can be a brandishing charge, right?

In addition, the new firearm 14in shotguns.... can they be carried similary with a CCW permit? Or are long guns just in general ok to be carried....
 as long as they are covered?

Thanks
Link Posted: 2/7/2018 8:07:53 AM EDT
[#1]
You should be fine with the AR pistol carried as you described.  I would think this would be no different than a woman carrying in her purse but the purse is in a stroller or a grocery cart
“Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

I'm not sure what the classification is on the shorty shotguns 12 guage pistol-like firearms.
Link Posted: 2/7/2018 11:24:58 AM EDT
[#2]
IANAL

I will try and do this in the order that you asked your questions.

There is no such thing as "brandishing" in Florida, it is called "improper exhibition":

790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

If you are carrying concealed per 790.06, a brief display is OK if:

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

The Shockwave:

The shockwave fits into a vary narrow place in the big scheme of things.  It is not a shotgun because it never had a stock.  It is not an AOW because its lenght is greater than 26 inches and ATF says that is long enough to not be readily concealed on the person.  It is simply a firearm.  BUT, if you were to conceal it on the person it wold then become an AOW under the purview of NFA34 and would require the payment of the tax and to be registered in the National Firearms Registration and Transfer Record.  So, to make a long story short, you can't carry the shockwave concealed upon your person.

Any Other Weapon: "any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive," other than a handgun with a rifled barrel".

Also, some would argue that only handguns (not firearms in general) can be carried per 790.06 - your Florida Concealed Weapon and Firearm License:

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).
Link Posted: 2/7/2018 2:12:24 PM EDT
[#3]
I would not want to be the test case for anything involving a firearm.

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

Stick to carrying a pistol. Leave the rifle in the car/truck.
Link Posted: 2/7/2018 3:06:25 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I would not want to be the test case for anything involving a firearm.

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

Stick to carrying a pistol. Leave the rifle in the car/truck.
View Quote
I'm confused...

Nothing up until your post had anything to do with a rifle.
Link Posted: 2/7/2018 5:09:00 PM EDT
[#5]
Unless you're carrying in a trenchcoat (lulz), you won't be able to conceal it from the ordinary sight of people...which would not be legal.
Link Posted: 2/7/2018 5:23:50 PM EDT
[#6]
I thought it was to Concealed Carry Weapon "permit"

With my Florida CCW permit - It allows me to carry a Balisong or Auto knife...

Then again I am not a lawyer and I do not play one on TV

Red
Link Posted: 2/7/2018 5:50:05 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I thought it was to Concealed Carry Weapon "permit"

With my Florida CCW permit - It allows me to carry a Bali song or Auto knife...

Then again I am not a lawyer and I do not play one on TV

Red
View Quote
I'm not sure what point you are trying to make.  I will try and answer despite my confusion.  Don't take it wrong if I didn't understand.

It is a FLCWFL - Florida Concealed Weapon or Firearm "Licence"; State of Florida.  That is what it says on the card in your wallet.

As to what weapons and firearms you may carry...

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

Some would argue that the license entitles you to carry any weapon or firearm.  Case law is vague.

I'm not sure what you mean by auto knife. If you mean a "switch-blade" that opens with a push of a button, and the blade stays attached to the handle, you are correct.  If you mean a ballistic knife that propels the blade by spring action you are not correct. Ballistic knives are prohibited in Florida.

790.225 Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.—
(1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife which is a device that propels a knifelike blade as a projectile and which physically separates the blade from the device by means of a coil spring, elastic material, or compressed gas. A ballistic self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6).
(2) This section shall not apply to:
(a) Any device from which a knifelike blade opens, where such blade remains physically integrated with the device when open.
(b) Any device which propels an arrow, a bolt, or a dart by means of any common bow, compound bow, crossbow, or underwater spear gun.
(3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

You could probably successfully argue that a Balisong is a "knife" so I would agree that you can carry your Balisong per your FLCWFL.

One must remember however, that although firearms laws are controlled by statewide preemption, knife laws are not.  Knife laws vary by county and city, and can complicate your life.
Link Posted: 2/7/2018 5:54:52 PM EDT
[#8]
I wonder if the federal definition of pistol is the same as Florida's definition of handgun. In terms of an AR pistol Florida could argue that that is not a handgun. I know when I was in Virginia you were allowed to carry an AR pistol just with a 20 round Max magazine.

But now that night is have been brought up, what kind of knife does the license allow me to carry in terms of fixed blades?
Link Posted: 2/7/2018 6:06:31 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I wonder if the federal definition of pistol is the same as Florida's definition of handgun. In terms of an AR pistol Florida could argue that that is not a handgun. I know when I was in Virginia you were allowed to carry an AR pistol just with a 20 round Max magazine.

But now that night is have been brought up, what kind of knife does the license allow me to carry in terms of fixed blades?
View Quote
Florida firearms laws are uniform in accordance with statewide preemption. (790.33)

Florida knife laws vary by state, county, and city statutes and ordinances.  790.06 allows you to carry a concealed knife. Whatever that means??  The only case law that is pretty clear is that a folding knife under 4 inches is not a weapon. I would argue that if it is concealed and it is not a ballistic knife you are GTG.  But I'm not a lawyer.

Again, your licence allows you to carry knives, concealed... fixed blade or folding. But local LEOs may not completely agree that you can carry your switch blade in "their" town.  They may not like the big Bowie either.  Just a caution.

Florida needs knife preemption.  Or at least a clarification that your licence covers all legal knives, throughout the state.
Link Posted: 2/7/2018 6:20:12 PM EDT
[#10]
I'm sorry if I made that confusing by trying to  answer similar posts, so close together.

And I'm sorry for the thread drift.

I will shut up now.
Link Posted: 2/7/2018 6:43:54 PM EDT
[#11]
shoot I didn't realize autos were good here.

There's a $70 kershaw 1.9" auto out there that has my name on it.
Link Posted: 2/8/2018 3:28:27 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I'm confused...

Nothing up until your post had anything to do with a rifle.
View Quote
OK...Leaven the SBR, Shotgun, MINIGUN, Braced rifle / shogun  caliber pistol .....etc....all of them...leave them in the car / truck. Stick to the pistol. Why put yourself out there in the "grey area" for a potential legal issue.
Link Posted: 2/12/2018 11:54:04 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
OK...Leaven the SBR, Shotgun, MINIGUN, Braced rifle / shogun  caliber pistol .....etc....all of them...leave them in the car / truck. Stick to the pistol. Why put yourself out there in the "grey area" for a potential legal issue.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

I'm confused...

Nothing up until your post had anything to do with a rifle.
OK...Leaven the SBR, Shotgun, MINIGUN, Braced rifle / shogun  caliber pistol .....etc....all of them...leave them in the car / truck. Stick to the pistol. Why put yourself out there in the "grey area" for a potential legal issue.
because half of the question is about AR 15 pistols, they are legit pistols and transfer on 4473 as a pistol. nothing "grey" about them.
Link Posted: 2/14/2018 3:04:28 PM EDT
[#14]
Friends don't let friends buy Shockwaves, let alone create posts about CCW'ing one.

Link Posted: 2/14/2018 4:16:12 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Friends don't let friends buy Shockwaves, let alone create posts about CCW'ing one.

View Quote
Luckily I don't have to ask any of my friend's permission to buy guns.
Link Posted: 2/19/2018 10:40:04 AM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
shoot I didn't realize autos were good here.

There's a $70 kershaw 1.9" auto out there that has my name on it.
View Quote
Knife laws do not fall under state preemption so the counties have the authority to promulgate their own.

Here, for example, is Miami-Dade's knife law in which they declare that automatic knives are illegal in that county:

Sec. 21-14. - Dangerous weapons; penalty; trial court.permanent link to this piece of content

(a)

Concealed dangerous weapons. It shall be unlawful for any person to wear under his clothes, or concealed about his person, or to display in a threatening manner any dangerous or deadly weapon including, but not by way of limitation, any pistol, revolver, slingshot, cross-knuckles or knuckles of lead, brass or other metal, or any bowie knife, razor, dirk, dagger, or any knife resembling a bowie knife, or any other dangerous or deadly weapon, except as hereinafter provided.

Note—Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(b)

Switch blades. It shall be unlawful for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly weapon, within the meaning of subsection (a) and shall be subject to forfeiture to the County as provided by subsection (c).

(c)

Forfeiture in addition to other penalties. Every person convicted of any violation of this section shall forfeit to the County such dangerous or deadly weapon so concealed or displayed.

(d)

Exception. Nothing in this section shall be construed to forbid any regular, special or ex officio police officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharging of his duty.

(e)

Penalty. Every person who is convicted for a violation of subsection (a) shall for first conviction thereof be punished by imprisonment for not less than six (6) months and by a fine of not less than one thousand dollars ($1,000.00); for a second or subsequent conviction of a violation of subsection (a) such person shall be punished by imprisonment for not less than one (1) year and by a fine of not less than one thousand dollars ($1,000.00).

(f)

Court of appropriate jurisdiction vested with trial jurisdiction. All violations of Section 21-14(a) shall be prosecuted only in the court of appropriate jurisdiction which shall have original, exclusive jurisdiction to try all cases arising hereunder. Provided, however, that where an act is recognized by State law as a misdemeanor and by this section as an offense, complaints against persons charged with such unlawful acts may be filed and prosecuted in either the court of appropriate jurisdiction or the Criminal Court of Record of Miami-Dade County, Florida, as the prosecuting attorney shall direct.

(g)

Certain municipal ordinances superseded. The provisions of Section 21-14, Miami-Dade Code, as amended by Ordinance 68-72, shall pertain to all violations thereof within the County and supersede and nullify those provisions of any and all municipal ordinances, codes and laws which define or penalize any act prohibited by Section 21-14(a) except those municipal ordinances, codes and laws not in conflict therewith and which contain an identical penalty provision.

(Ord. No. 58-5, § 22.01, 2-18-58; Ord. No. 68-72, §§ 1, 2, 11-19-68; Ord. No. 68-84, § 1, 12-17-68)
Link Posted: 2/19/2018 4:23:51 PM EDT
[#17]
I keep telling you to move.  Something wrong when you need to carry weapons in a baby stroller.....
I have an AK pistol that goes everywhere with me....less complicated.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top