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3/8/2008 9:08:40 AM EDT
[Last Edit: Miami02TJ][Edited]
This post is still work in progress –– if you have questions I should add, corrections or comments please post them below - Updated 09/13/2026.

Here is a summary of the most common asked questions and their answers .... What is not quoted as law is opinion. You should seek legal advice to verify if the content of this post is correct. I might be wrong on everything I have posted so don't go by my word, ask an attorney.

____________________________________________________________________________

For shipping related questions please see THIS POST


For the most current information on eligibility and applying for a FL Concealed Weapon/Firearm License (CWL), visit the state's website here


For the most current FL reciprocity information visit the state's website here

____________________________________________________________________________
Do I need a license to carry a concealed firearm in Florida? (Permitless Carry)

NO, a Concealed Weapon License (CWL) is no longer required for eligible individuals carrying within Florida. Under FL SS 790.01, any person who meets the legal criteria for receiving and maintaining a license may carry a concealed weapon or firearm without holding a license:

790.01 Carrying of concealed weapons or concealed firearms.--
(1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she:
(a) Is licensed under s. 790.06; or
(b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).
View Quote


Note: Under FL SS 790.01(1)(b), you must carry valid government-issued photo ID at all times when carrying concealed without a license and display it upon demand by a law enforcement officer.

____________________________________________________________________________
Why get a Florida Concealed Weapon License (CWL) if permitless carry is legal?

While Florida allows eligible individuals to carry without a license, holding an official Florida CWL provides specific legal and practical advantages under state and federal law:

1. Bypassing the Mandatory Waiting Period on Purchases:
Under FL SS 790.0655(1)(a), holders of a valid Florida CWL are statutorily exempt from mandatory handgun waiting periods:

790.0655 Purchase and delivery of handguns; mandatory waiting period; exceptions.--
(1)(a) There shall be a mandatory 3-day waiting period, which shall be 3 days, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun...
(2) The provisions of this section do not apply to:
(a) Any holder of a concealed weapons permit issued under s. 790.06.
View Quote


2. Multi-State Reciprocity Travel:
Permitless carry ONLY applies within the borders of Florida. Out-of-state jurisdictions recognizing concealed carry reciprocity do NOT extend that to non-licensed Florida carriers. Having a physical Florida CWL allows you to carry legally across reciprocity states under FDACS Reciprocity Agreements.

3. Federal Gun-Free School Zones Exception:
Federal law (18 U.S.C. § 922(q)(2)(A)) prohibits possessing a firearm within 1,000 feet of K-12 school grounds. However, 18 U.S.C. § 922(q)(2)(B)(ii) provides a specific statutory exception:

Subparagraph (A) shall not apply to the possession of a firearm... if the individual possessing the firearm is licensed to do so by the State in which the school zone is located, or a political subdivision of the State...
View Quote


Unlicensed permitless carriers do not meet this federal statutory licensing exception when passing through school zones.

4. Penalty Differences (Misdemeanor vs. Felony):
If an eligible individual knowingly carries into a statutorily restricted location under FL SS 790.06(12), carrying with a CWL or while otherwise eligible typically carries a 2nd-degree misdemeanor charge. Conversely, carrying a concealed firearm when you are ineligible to carry under FL SS 790.01(3) is a **3rd-degree felony**:

790.01(3) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) and who carries a concealed firearm, as that term is defined in s. 790.001, on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
View Quote


____________________________________________________________________________
Can 18- to 20-year-olds carry a firearm in Florida?

YES. Under FL SS 790.25(5), adults 18 and older have long had statutory rights to possess firearms in private conveyances. Furthermore, following federal and state court rulings establishing that age bans on firearm carry violate the Second Amendment, adults aged 18 to 20 who meet general eligibility criteria under FL SS 790.01(1)(b) are authorized to carry concealed.

790.25(5) POSSESSION IN PRIVATE CONVEYANCE.--...it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license...
View Quote


____________________________________________________________________________
Is Open Carry legal in Florida?

YES. Florida’s open carry statute, FL SS 790.053, was struck down by appellate court rulings as unconstitutional under the Second Amendment. Florida law enforcement agencies operate under directives prohibiting arrests under 790.053 for eligible adults openly carrying firearms in public spaces where carry is not otherwise restricted.

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... [UNENFORCEABLE PER COURT RULING]
View Quote


____________________________________________________________________________
Where am I statutorily prohibited from carrying a firearm in Florida?

Under FL SS 790.06(12)(a), carrying a firearm (concealed or open) is strictly prohibited in the following locations, regardless of permit status:

790.06(12)(a) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into:
1. Any place of nuisance as defined in s. 823.05;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse;
5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
6. Any polling place;
7. Any meeting of the governing body of a county, public school district, municipality, or special district;
8. Any meeting of the Legislature or a committee thereof;
9. Any school, college, or professional athletic event not related to firearms;
10. Any school administration building;
11. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
12. Any elementary or secondary school facility or career center;
13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
14. Inside the passenger terminal and sterile area of any airport...;
15. Any place where the carrying of firearms is prohibited by federal law.
View Quote


Seaports: Possession of a firearm in designated restricted areas of a seaport is prohibited under FL SS 311.12(7):

311.12(7) Any person who has in his or her possession a concealed weapon, or who operates or has possession or control of a vehicle in or upon which a concealed weapon is placed or stored, while in a designated restricted area on seaport property commits a misdemeanor of the first degree...
View Quote


Hospitals & Mental Health Facilities: Carrying in hospitals or facilities providing mental health services is restricted under FL SS 394.458(1)(a):

394.458(1)(a) Except as authorized by law... it is unlawful to introduce into or upon the grounds of such hospital... 3. Any firearms or deadly weapon.
View Quote


____________________________________________________________________________
Do "No Guns Allowed" signs have the force of law on private property?

Florida law does NOT grant statutory force-of-law to standard "No Guns Allowed" signs posted on private property. Carrying past a sign is not a specific firearm offense under Chapter 790. However, private property owners retain full authority to order individuals off their land. Refusing to leave after an order to depart constitutes **Armed Trespass** under FL SS 810.09(2)(c):

810.09(2)(c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, the offender is guilty of a felony of the third degree...
View Quote


____________________________________________________________________________
Can I carry at Disney/Busch/Universal parks or other theme parks?

While state law does not list theme parks as statutory "prohibited places" under FL SS 790.06(12), these parks are private property. If detected during security screening, you will be turned away or issued a formal trespass warning under FL SS 810.09.

____________________________________________________________________________
Can I carry at a bar, a restaurant that has a bar area, or a booth in the bar area?

FL SS 790.06(12)(a)11 explicitly bans carrying in:

"any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose"
View Quote


You may carry in the dining area of a restaurant that serves alcohol, but carrying inside the dedicated bar area (including booths located within that section) is a statutory violation.

____________________________________________________________________________
Can I drink alcohol while carrying or at a restaurant?

FL SS 790.151 strictly governs carrying/using firearms while under the influence:

790.151 Using firearm while under the influence of alcohol, chemical substances, or controlled substances.--
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.
View Quote


____________________________________________________________________________
What are the laws for having a gun in my car, boat, or motorcycle?

Private vehicles, boats, and motorcycles are private conveyances. Under FL SS 790.01, eligible carriers may carry a handgun on their person inside a vehicle.

For individuals who do not meet concealed carry eligibility standards under 790.01, FL SS 790.25(5) permits vehicle possession only if the weapon is **"securely encased"** or **"not readily accessible for immediate use"**:

790.25(5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use...
View Quote


Statutory definitions under FL SS 790.001(16)-(17):

790.001 Definitions.--
(16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
(17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.
View Quote


____________________________________________________________________________
How can I carry a long gun (rifle/shotgun) in my car?

Under FL SS 790.25(5):

790.25(5) ...Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person...
View Quote


Long guns may be kept in a private conveyance. If hidden from ordinary sight, they should be securely encased (such as in a gun case) unless lawfully carried on the person under current carry laws.

____________________________________________________________________________
Can I keep a firearm in my vehicle while picking up a child from school?

Under FL SS 790.115(2)(a)3, school districts regulate vehicle firearm storage on school property:

790.115(2)(a)3. A firearm may be carried in a container in a vehicle on school property if allowed by written school board policy.
View Quote


Unless your local school board has adopted a written policy authorizing it, having a firearm in your vehicle on school grounds remains illegal.

____________________________________________________________________________
Do I need to inform a law enforcement officer that I have a firearm during a traffic stop?

Under FL SS 790.01(1)(b) and FL SS 790.06(1), Florida law imposes a duty to display identification upon demand, but does **not** mandate an unprompted duty to inform:

790.01(1)(b) ...The person must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display the identification upon demand by a law enforcement officer.
View Quote


____________________________________________________________________________
What are Florida's core Self-Defense laws? (Castle Doctrine & Stand Your Ground)

Florida's self-defense statutory framework is defined under FL SS 776.012 and FL SS 776.013:

776.012 Use or threatened use of force in defense of person.--
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in an unlawful activity and is in a place where he or she has a right to be.
View Quote


776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.--
(2) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle...
View Quote


____________________________________________________________________________
Can I carry non-lethal weapons (knives, pepper spray, tasers) under Florida law?

Under FL SS 790.01(4)(b), individuals may carry defensive chemical sprays and stun guns without a license:

790.01(4)(b) Carries for purposes of lawful self-defense, in a concealed manner:
1. A self-defense chemical spray.
2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
View Quote


Common pocketknives with blades under 4 inches are excluded from the definition of "concealed weapon" under FL SS 790.001(3)(a).

____________________________________________________________________________
Can I carry or have a firearm in a casino or Indian reservation?

Florida state jurisdiction on tribal lands is defined by FL SS 285.16:

285.16 Civil and criminal jurisdiction; Indian reservation.—
(1) The State of Florida hereby assumes jurisdiction over criminal offenses committed by or against Indians or other persons within Indian reservations...
(2) The civil and criminal laws of Florida shall obtain on all Indian reservations in this state and shall be enforced in the same manner as elsewhere throughout the state.
View Quote


Tribal sovereign regulations and venue rules also apply on tribal lands.

____________________________________________________________________________
What are the laws for private firearm sales in Florida? (Standard In-State Sales)

Standard private transfers between eligible Florida residents do not require an FFL background check or waiting period under state law.

1. Age Limit for Private Transfers:
Under federal law (18 U.S.C. § 922(b)(1)), FFL dealers cannot sell handguns to anyone under 21. However, private transfers of handguns between Florida residents aged **18 to 20** are legal under Florida law. It is only illegal to transfer firearms to minors under 18 under FL SS 790.17(1):

790.17 Furnishing weapons to minors...
(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any firearm... commits a felony of the third degree...
View Quote


2. Transfer to Prohibited Persons:
Transferring a firearm to a prohibited person is a felony under FL SS 790.23(1):

790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.--
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm... if that person has been convicted of a felony...
View Quote


3. Interstate Private Sales:
Private transfers across state lines without an FFL violate federal law (18 U.S.C. § 922(a)(3)). Both parties MUST be Florida residents for an in-state private sale.

____________________________________________________________________________
County-by-County Breakdown: Private Sales on Public Property & Gun Shows

While Florida preempts local firearm laws generally under FL SS 790.33, **Article VIII, Section 5(b) of the Florida Constitution** grants explicit authority to individual counties to enact background checks and waiting periods for sales on public property:

Florida Constitution Art. VIII, Sec. 5(b):
"Each county shall have the authority to require a waiting period of up to five days, excluding weekends and legal holidays, in connection with the sale of any firearm, when any part of the transaction is conducted on property to which the public has the right of access... Each county shall also have the authority to require that a criminal history background check be conducted..."
View Quote


If a transaction occurs on property open to the public (including gun shows, flea markets, commercial lots, and public parks) in a county with an ordinance, it must go through an FFL dealer UNLESS the buyer holds a valid CWL.

1. Counties with 5-Day Waiting Period & Background Check Ordinances (5 Days, Excl. Weekends/Holidays):
* Alachua County: Alachua County Code § 116.03
* Broward County: Broward County Code § 18-3
* Hillsborough County: Hillsborough County Code § 36-5
* Miami-Dade County: Miami-Dade County Code § 21-20.18
* Palm Beach County: Palm Beach County Code § 16-172

2. Counties with 3-Day Waiting Period & Background Check Ordinances (3 Days, Excl. Weekends/Holidays):
* Hernando County: Hernando County Code § 15.5-3
* Lee County: Lee County Code § 22-5
* Orange County: Orange County Code § 26-61
* Pinellas County: Pinellas County Code § 46-2
* Sarasota County: Sarasota County Code § 62-2
* Volusia County: Volusia County Code § 74-2

3. Remaining 56 Counties (Default State Rules):
* Baker, Bay, Bradford, Brevard, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Levy, Liberty, Madison, Manatee, Marion, Martin, Monroe, Nassau, Okaloosa, Okeechobee, Osceola, Pasco, Polk, Putnam, Santa Rosa, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, Washington.
* Standard in-state private sales between eligible residents do not statutorily require an FFL background check or waiting period in these counties.

____________________________________________________________________________
What other states can I carry in with my Florida CWL? (Reciprocity)

Check the official reciprocity details directly on the FDACS Reciprocity Page.

Under reciprocity agreements, a resident Florida CWL is recognized in approximately **36 states**:
* Alabama, Alaska, Arizona, Arkansas, Colorado (resident only), Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan (resident only), Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania (resident only), South Carolina (resident only), South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wyoming.

CRITICAL NOTE WHEN TRAVELING:
When traveling under reciprocity, you are strictly bound by the laws of the host state, NOT Florida's statutes. Review local carry locations, duty-to-inform rules, and weapon restrictions before crossing state lines.
Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
3/9/2008 2:02:14 PM EDT
[#1]
Great FAQ so far.

Could you expand on having a long gun in vehicles?  Does securely encased only apply to handguns?



790.25

(5)  POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.


I believe I was told that the highlighted section means we can have long guns anywhere in the car/truck whether or not "securely encased".

Warning: Do not play in or around dumpster. Do not kick dumpster. Do not sleep in dumpster. Usage of this container for disposal of human remains may be in violation of local health ordinances.
3/12/2008 9:45:03 PM EDT
[#2]

Originally Posted By Miami02TJ:
This post is still work in progress -- if you have questions I should add, corrections or comments please post them below ...

]


Ok I asked this before and no one seemed to know.

Can I carry on an Indian Reservation? If yes what about a Casino on a Indian Res. Such as the Seminole Hard Rock Casino?


Thanks Chas
3/12/2008 10:24:37 PM EDT
[#3]

Originally Posted By Chas8008:

Originally Posted By Miami02TJ:
This post is still work in progress -- if you have questions I should add, corrections or comments please post them below ...

]


Ok I asked this before and no one seemed to know.

Can I carry on an Indian Reservation? If yes what about a Casino on a Indian Res. Such as the Seminole Hard Rock Casino?


Thanks Chas


That is one I will have to research ...
Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
3/12/2008 10:27:12 PM EDT
[#4]

Originally Posted By Miami02TJ:

Originally Posted By Chas8008:

Originally Posted By Miami02TJ:
This post is still work in progress -- if you have questions I should add, corrections or comments please post them below ...

]


Ok I asked this before and no one seemed to know.

Can I carry on an Indian Reservation? If yes what about a Casino on a Indian Res. Such as the Seminole Hard Rock Casino?


Thanks Chas


That is one I will have to research ...


Thank You
3/13/2008 2:03:29 AM EDT
[Last Edit: Dalkyr][Edited] [#5]

Originally Posted By Chas8008:

Ok I asked this before and no one seemed to know.

Can I carry on an Indian Reservation? If yes what about a Casino on a Indian Res. Such as the Seminole Hard Rock Casino?


Thanks Chas


I'll leave the final answer up to Miami02TJ, but if I recall correctly, Indian Reservations (And the casinos therein) are technically Federal lands... That said... Hell if I know the answer.

Scratch that. Tribal law applies.
3/13/2008 12:16:21 PM EDT
[#6]

Originally Posted By Dalkyr:

Originally Posted By Chas8008:

Ok I asked this before and no one seemed to know.

Can I carry on an Indian Reservation? If yes what about a Casino on a Indian Res. Such as the Seminole Hard Rock Casino?


Thanks Chas


I'll leave the final answer up to Miami02TJ, but if I recall correctly, Indian Reservations (And the casinos therein) are technically Federal lands... That said... Hell if I know the answer.

Scratch that. Tribal law applies.


This answer is proving difficult to actually find a law on .....

I do know that Federal and Tribal law needs to be followed but I am unsure of anything else ...  I cant find anything in the US code, as of yet, talking about CCW or firearms in general on tribal land.  I'll have an update again in a couple days.

Right now I have a call into the Miccosukee and Seminole LEO Legal departments and am awaiting a call back.  

The Sgt I spoke with at Miccosukee PD said anyone with a firearm, period, anywhere on Miccosukee land would be charged with a Federal offense.  He did not know any specific law and when I got technical he forwarded me to the legal dept.  He did not sound veru confident with his comments.

Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
3/18/2008 6:53:58 PM EDT
[Last Edit: kcolg30][Edited] [#7]
Nice FAQ.....One more question

I have a CWL and at times I do not carry, if I am stopped in the car should I still follow the same procedure and hand my DL and CWL and say "I am not carrying but here is my card/info" Or since I am not carrying just hand them my DL.  There is a rumor that the PD can run your DL and it will tell them you are a CWL holder, is that true?

<IMG SRC=/images/smilies/anim_boozer.gif border=0 align=middle>I like beer.
3/18/2008 8:22:21 PM EDT
[#8]

Originally Posted By kcolg30:
Nice FAQ.....One more question

I have a CWL and at times I do not carry, if I am stopped in the car should I still follow the same procedure and hand my DL and CWL and say "I am not carrying but here is my card/info" Or since I am not carrying just hand them my DL.  There is a rumor that the PD can run your DL and it will tell them you are a CWL holder, is that true?



The PD DO NOT get a msg that you have a CWL.  There is no reason to show your CWL ...  I would also recommend you DO carry at all times ...
Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
3/18/2008 8:23:11 PM EDT
[#9]

Originally Posted By Miami02TJ:

Originally Posted By Dalkyr:

Originally Posted By Chas8008:

Ok I asked this before and no one seemed to know.

Can I carry on an Indian Reservation? If yes what about a Casino on a Indian Res. Such as the Seminole Hard Rock Casino?


Thanks Chas


I'll leave the final answer up to Miami02TJ, but if I recall correctly, Indian Reservations (And the casinos therein) are technically Federal lands... That said... Hell if I know the answer.

Scratch that. Tribal law applies.


This answer is proving difficult to actually find a law on .....

I do know that Federal and Tribal law needs to be followed but I am unsure of anything else ...  I cant find anything in the US code, as of yet, talking about CCW or firearms in general on tribal land.  I'll have an update again in a couple days.

Right now I have a call into the Miccosukee and Seminole LEO Legal departments and am awaiting a call back.  

The Sgt I spoke with at Miccosukee PD said anyone with a firearm, period, anywhere on Miccosukee land would be charged with a Federal offense.  He did not know any specific law and when I got technical he forwarded me to the legal dept.  He did not sound veru confident with his comments.



I got a call back from the Micco legal department today.  They said I need to request clarification in writing -- I will do so later this week ...
Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
3/18/2008 9:46:34 PM EDT
[Last Edit: kcolg30][Edited] [#10]

Originally Posted By Miami02TJ:

Originally Posted By kcolg30:
Nice FAQ.....One more question

I have a CWL and at times I do not carry, if I am stopped in the car should I still follow the same procedure and hand my DL and CWL and say "I am not carrying but here is my card/info" Or since I am not carrying just hand them my DL.  There is a rumor that the PD can run your DL and it will tell them you are a CWL holder, is that true?



The PD DO NOT get a msg that you have a CWL.  There is no reason to show your CWL ...  I would also recommend you DO carry at all times ...


Thanks for the info

I will start carrying more...but I have always been hesitant to carry due to the rookie cops not knowing the CWL laws as well as we do.  I just hate to be in a situation where some arrogant "know it all cop" starts to BS me or give me a hard time because I am carrying.  I support all LEO and most of them are very knowleable and will never give you any problems as long as you obey the LAW but there maybe some that like to misinterpret the law.
<IMG SRC=/images/smilies/anim_boozer.gif border=0 align=middle>I like beer.
3/23/2008 8:44:10 PM EDT
[#11]
Updated above ...  I added a section on rifles and another on having a CWL and a weapon/firearm in the car yet not on your person.


Originally Posted By HommieDaKlown:
Great FAQ so far.

Could you expand on having a long gun in vehicles?  Does securely encased only apply to handguns?


Added a section on this question.  It took a little research but I think I got it right.  There is allot of case law out there so it seems pretty clear.
Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
3/30/2008 4:20:24 PM EDT
[#12]
Might be worth adding to the FAQ,

Florida Law does provide Legal Immigrants the right to CWL, You will need to provide 90 days worth of proof of residency (credit card bill's Utility bills etc.) Copy of Your Green Card...and the regular paperwork
Additionally when purchasing a firearm from a FFL your CWL is not enough to purchase the firearm next day...You will be expected to provide 90 days proof of residency, for the BATF records

Feel free to PM me if this needs editing
Hillary,Obama, Mcain...Whoever wins....we still lose
5/7/2008 11:46:49 AM EDT
[#13]

Originally Posted By Miami02TJ:

Originally Posted By Miami02TJ:

Originally Posted By Dalkyr:

Originally Posted By Chas8008:

Ok I asked this before and no one seemed to know.

Can I carry on an Indian Reservation? If yes what about a Casino on a Indian Res. Such as the Seminole Hard Rock Casino?


Thanks Chas


I'll leave the final answer up to Miami02TJ, but if I recall correctly, Indian Reservations (And the casinos therein) are technically Federal lands... That said... Hell if I know the answer.

Scratch that. Tribal law applies.


This answer is proving difficult to actually find a law on .....

I do know that Federal and Tribal law needs to be followed but I am unsure of anything else ...  I cant find anything in the US code, as of yet, talking about CCW or firearms in general on tribal land.  I'll have an update again in a couple days.

Right now I have a call into the Miccosukee and Seminole LEO Legal departments and am awaiting a call back.  

The Sgt I spoke with at Miccosukee PD said anyone with a firearm, period, anywhere on Miccosukee land would be charged with a Federal offense.  He did not know any specific law and when I got technical he forwarded me to the legal dept.  He did not sound veru confident with his comments.



I got a call back from the Micco legal department today.  They said I need to request clarification in writing -- I will do so later this week ...


Any update?
5/7/2008 12:34:01 PM EDT
[#14]
yes please,
5/8/2008 7:15:22 PM EDT
[Last Edit: HommieDaKlown][Edited] [#15]

Originally Posted By Miami02TJ:
Updated above ...  I added a section on rifles and another on having a CWL and a weapon/firearm in the car yet not on your person.


Originally Posted By HommieDaKlown:
Great FAQ so far.

Could you expand on having a long gun in vehicles?  Does securely encased only apply to handguns?


Added a section on this question.  It took a little research but I think I got it right.  There is allot of case law out there so it seems pretty clear.


Thanks for finding more information. Great work!

But it does seem a bit confusing. So I couldn't legally keep a rifle behind the seat of my truck, which would not necessarily be seen in open sight(concealed, but not encased), but not be readily accessible for immediate use. The only legal way to have a truck gun behind the seat is to get a zippered case?

If case law goes that direction it seems maybe some lawyers ignored the "This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012."
Warning: Do not play in or around dumpster. Do not kick dumpster. Do not sleep in dumpster. Usage of this container for disposal of human remains may be in violation of local health ordinances.
5/15/2008 3:06:39 PM EDT
[#16]
Added a part about bikes and boats as well as a section on hospitals and pharmacies.

I have yet to get a response from the Miccos.  Im going to contact them again tomorrow.
Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
5/15/2008 3:32:45 PM EDT
[#17]
this is a great post..... thanks for the information....

Slug-O
Every once in awhile I should just "KICK MYSELF IN THE NUTZ" just to remind myself that im about to do something stupid!!!!!!
5/18/2008 7:51:46 AM EDT
[#18]
I am fairly new to FL., Every once in awhile I see someone carrying a pistol openly in a a shoulder or belt holster and they don't appear to be a LEO.  What's the deal with that?
5/18/2008 10:37:18 AM EDT
[#19]

Originally Posted By fullauto4u:
I am fairly new to FL., Every once in awhile I see someone carrying a pistol openly in a a shoulder or belt holster and they don't appear to be a LEO.  What's the deal with that?


They most likly are the Fuzz. You might ask they next time.
5/18/2008 12:04:34 PM EDT
[#20]
FL law allows for one to open carry if you are either "engaged in" or "going to" or "returning from" a lawful fishing, hunting or camping expedition.

BUT, I would be careful of doing this since I can guarantee almost all LEO are unaware of this.  Most likly the people you see OC'n are 5-O.
Omi R.
NRA Certified Instructor
http://www.cwlmiami.com/
5/19/2008 1:30:31 PM EDT
[#21]
Thanks for the info, it was sorta what I was thinking too. ( the fuzz )
5/21/2008 11:59:12 AM EDT
[#22]
so when going to the range w./ a long gun I have to keep it in a case and hidden?
5/21/2008 2:15:58 PM EDT
[#23]

Originally Posted By Jordanone:
so when going to the range w./ a long gun I have to keep it in a case and hidden?


It either needs to be loose but NOT concealed or "securely encased" as defined above.  Does not matter when its "securely encased" if its concealed or not.
Omi R.
NRA Certified Instructor
6/2/2008 8:29:35 PM EDT
[#24]
Can you post something about how to begin the process of obtaining my CCW. and how much it will cost. Thank you

bogg
6/2/2008 8:35:03 PM EDT
[#25]

Originally Posted By bogg:
Can you post something about how to begin the process of obtaining my CCW. and how much it will cost. Thank you

bogg


I think everything your looking for is already located here:

ar15.com/content/page.html?id=466
Omi R.
NRA Certified Instructor
6/2/2008 8:37:59 PM EDT
[#26]
Thanks I am on it and educating myself on  the process

bogg  
6/2/2008 8:40:46 PM EDT
[#27]

Originally Posted By bogg:
Thanks I am on it and educating myself on  the process

bogg  


Let me know if you have a question I can help with.
Omi R.
NRA Certified Instructor
6/5/2008 12:26:57 AM EDT
[#28]
I try to carry as much as i possibly can. My employer has a problem with firearms even though i have been trained in their use and fully licensed to carry (i asked him before i carried into work). Now he is having me do bank deposits of close to $2000/day, i told him there is no way i will be walking out of the front door with that much cash on me without being armed. He still has a problem with me carrying but hasn't said much about it. Does he really even have a say in that regard?

I am also back in college and go to class 4 days/week. I have resorted to not carrying on those days even though i travel through one of the worst parts of Tampa to get there. A few times traveling through that area at night have made me think about carrying and leaving it in my car while on campus. I value my safety over the schools policy. There is also no way for me to park off campus and walk in, the same issue would come up. Except this time it would involve me carrying into the classroom (not what i want to do at this point). Is there a loophole that will allow me to put it in a lockbox in the car and still remain legal?
6/5/2008 5:33:26 AM EDT
[Last Edit: Miami02TJ][Edited] [#29]

Originally Posted By phreel0aderr:
I try to carry as much as i possibly can. My employer has a problem with firearms even though i have been trained in their use and fully licensed to carry (i asked him before i carried into work). Now he is having me do bank deposits of close to $2000/day, i told him there is no way i will be walking out of the front door with that much cash on me without being armed. He still has a problem with me carrying but hasn't said much about it. Does he really even have a say in that regard?


The way I understand it, your employer has the right to create any policy they like inside their buildings.  If you don't follow they can dismiss you legally.


I am also back in college and go to class 4 days/week. I have resorted to not carrying on those days even though i travel through one of the worst parts of Tampa to get there. A few times traveling through that area at night have made me think about carrying and leaving it in my car while on campus. I value my safety over the schools policy. There is also no way for me to park off campus and walk in, the same issue would come up. Except this time it would involve me carrying into the classroom (not what i want to do at this point). Is there a loophole that will allow me to put it in a lockbox in the car and still remain legal?


The law is the law -- no loopholes.
Omi R.
NRA Certified Instructor
6/5/2008 11:54:52 AM EDT
[Last Edit: phreel0aderr][Edited] [#30]
That is pretty much what I had figured. After 2 of our employees had gotten mugged in the past 3 months (1 was uninjured, the other got away with just a beating) he has pretty much accepted the fact that if he wants me to do the deposit, I will be carrying.
As for the school issue I will just have to hope nothing else happens until Aug 7th when I head to Ft. Sam Houston.

Thanks for the quick reply, I'm glad I stumbled on his site.
6/27/2008 5:52:35 PM EDT
[#31]
I have a question that iv been wondering about . Say somebody was diving around and saw someone being attacked by a dog . Would it be against the law to pull out your gun and shoot the dog ?
6/27/2008 5:57:07 PM EDT
[#32]

Originally Posted By BLACK_OUT:
I have a question that iv been wondering about . Say somebody was diving around and saw someone being attacked by a dog . Would it be against the law to pull out your gun and shoot the dog ?


IMHO, you are authorized by law to defend life with lethal force ...
Omi R.
NRA Certified Instructor
6/29/2008 8:54:56 PM EDT
[#33]
thats what i thought but i figured i would ask any ways .
6/30/2008 11:00:24 PM EDT
[#34]
Great thread.

Thanks.

I an American with residency in Canada at the moment, although I plan to re-establish US residency within the next year. I can CC in thirty states as a result of my two non-resident permits. Of course Florida is not one of them. However, Fla would have reciprocity with either of them if I were a resident of the state. Also, I could get a Fla temp permit if I were a US resident. Citizen isn't enough. Strange, but that's the way it is.

I will be in Florida in three weeks. Now, I'm really not trying to be a wiseguy or a felon with this question. Suppose I find a really nice place to rent or buy for me. I intend to reside in Florida for most of the year, but I can't move down right away.

Without becoming a fraud artist, can I fill out a copy of 222.17 legitimately and then CC for the time I will be in Florida in July?

I hope this makes sense.
6/30/2008 11:20:30 PM EDT
[#35]

Originally Posted By v65magnafan:
Great thread.

Thanks.

I an American with residency in Canada at the moment, although I plan to re-establish US residency within the next year. I can CC in thirty states as a result of my two non-resident permits. Of course Florida is not one of them. However, Fla would have reciprocity with either of them if I were a resident of the state. Also, I could get a Fla temp permit if I were a US resident. Citizen isn't enough. Strange, but that's the way it is.

I will be in Florida in three weeks. Now, I'm really not trying to be a wiseguy or a felon with this question. Suppose I find a really nice place to rent or buy for me. I intend to reside in Florida for most of the year, but I can't move down right away.

Without becoming a fraud artist, can I fill out a copy of 222.17 legitimately and then CC for the time I will be in Florida in July?

I hope this makes sense.


Im not sure if this answers your questions but this is off the FL website ...


Unless you are serving overseas in the United States Armed Forces, you must currently reside in the United States (US) AND be a US citizen or deemed a lawful permanent resident alien by Department of Homeland Security, US Citizenship and Immigration Service (USCIS). If you are serving overseas in the US Armed Forces, submit a copy of your deployment documentation with your application. If you are not a US citizen, submit documentation issued by the USCIS proving you are a permanent legal resident alien with proof you have resided in the state of residence (as shown on your application) for at least 90 consecutive days prior to the date the application is submitted.


Omi R.
NRA Certified Instructor
7/1/2008 1:25:10 AM EDT
[#36]
Thanks. Not really.

I'll make some phone calls.

Thanks anyway!
10/26/2008 9:59:32 PM EDT
[#37]
I have a question about 'printing'



I thought I read somewhere that 'deliberate' printing of a concealed weapon can be construed as 'brandishing'



I got into a discussion about this with someone, but now can't find where I read it. Did I misremember?  Or was I just remembering someones opinion?
One Big-Ass Mistake, America
10/27/2008 8:08:50 AM EDT
[#38]
Originally Posted By MisterB:
I have a question about 'printing'

I thought I read somewhere that 'deliberate' printing of a concealed weapon can be construed as 'brandishing'

I got into a discussion about this with someone, but now can't find where I read it. Did I misremember?  Or was I just remembering someones opinion?



It's not in the statutes and it's the first I hear of it.  I also have never searched case law on it but I would assume a prerequisite for brandishing would be the intentional display meant to threaten another.  I'll look up the definition later today.
11/3/2008 8:43:29 PM EDT
[#39]
I have just moved from Oklahoma with my conceal carry permit. There is reciprocity between the two states. How do I get my permit changed to Fl.?
11/3/2008 8:57:30 PM EDT
[#40]
Originally Posted By dwarby:
I have just moved from Oklahoma with my conceal carry permit. There is reciprocity between the two states. How do I get my permit changed to Fl.?


It cant be changed –– you just need to get a FL CWL –– check the states site for more info on how to get it ...
11/8/2008 6:57:41 AM EDT
[#41]
What about walking/bicycling/motorcycling to a range with a rifle?

Also in regards to

How can I carry my rifle in my car? Does securely encased only apply to handguns?


FL LAW 790.25 states:

(5) POSSESSION IN PRIVATE CONVEYANCE.––Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.


The above says that you can have a rifle in your car anywhere BUT, it does not give you permission to have it concealed in the automobile. 790.01 does not exclude a rifle so you can, and will get arrested if it is concealed and not securely encased. The law is not clear but case law is and supports the above. So to sum it up ... To be legal with a rifle in your car it must NOT be "concealed from ordinary sight" unless its concealed because it is "securely encased" like in a gun case. A rifle clearly visible in a rack or just laying visibly on the seat should be legal.


Would in a trunk be considered concealed but not properly encased and be illegal?
11/8/2008 9:32:34 AM EDT
[#42]
Here is how I understand it ––- as always verify with an attorney.


What about walking/bicycling/motorcycling to a range with a rifle?


I know a motorcycle is considered a "PRIVATE CONVEYANCE"  As for bicycling, a bicycle should also be considered a PRIVATE CONVEYANCE but I cant find a definition for it anywhere on the states site.  As for walking, FL law allows you to open carry when "fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition".  I don't see another way but will research it more ...

Would in a trunk be considered concealed but not properly encased and be illegal?


Remember the law states you are not carrying a concealed weapon if it is "securely Encased OR "not accessibly for immediate use" A firearm in the trunk would be considered both Securely Encased and NOT "readily accessible" for immediate use.

11/9/2008 1:55:50 AM EDT
[#43]
Originally Posted By Miami02TJ:
Here is how I understand it ––- as always verify with an attorney.


What about walking/bicycling/motorcycling to a range with a rifle?


I know a motorcycle is considered a "PRIVATE CONVEYANCE"  As for bicycling, a bicycle should also be considered a PRIVATE CONVEYANCE but I cant find a definition for it anywhere on the states site.  As for walking, FL law allows you to open carry when "fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition".  I don't see another way but will research it more ...

Would in a trunk be considered concealed but not properly encased and be illegal?


Remember the law states you are not carrying a concealed weapon if it is "securely Encased OR "not accessibly for immediate use" A firearm in the trunk would be considered both Securely Encased and NOT "readily accessible" for immediate use.



Thanks for the answers.

I thought the private conveyance stuff in the OP referred mostly to handguns since it would be kind of hard to conceal a rifle on a motorcycle :p
12/15/2008 7:42:44 PM EDT
[Last Edit: Navy4Life][Edited] [#44]
I have a quick question about my Conceal Weapons Liscense.

I am getting assigned to a new job in Virginia Beach, VA come March 2009 via my active duty in the Navy.  I am a resident of Florida, plan on keeping my residence here in Florida, and have a resident CWL.

When I transfer to VA, can I still keep my CWL or do I need to apply in VA?  

I know VA honors Florida's CWL and I will still have a residence in Florida....don't want to stay in VA just doing my job till I can get back here to Florida.

Thanks for your help!

12/15/2008 7:44:36 PM EDT
[#45]
Originally Posted By Navy4Life:
I have a quick question about my Conceal Weapons Liscense.

I am getting assigned to a new job in Virginia Beach, VA come March 2009 via my active duty in the Navy.  I am a resident of Florida, plan on keeping my residence here in Florida, and have a resident CWL.

When I transfer to VA, can I still keep my CWL or do I need to apply in VA?  

I know VA honors Florida's CWL and I will still have a residence there....don't want to stay there just doing my job till I can get back here to Florida.

Thanks for your help!



Thats a question you really need to ask the state on ...
12/15/2008 7:46:10 PM EDT
[#46]
Originally Posted By Miami02TJ:
Originally Posted By Navy4Life:
I have a quick question about my Conceal Weapons Liscense.

I am getting assigned to a new job in Virginia Beach, VA come March 2009 via my active duty in the Navy.  I am a resident of Florida, plan on keeping my residence here in Florida, and have a resident CWL.

When I transfer to VA, can I still keep my CWL or do I need to apply in VA?  

I know VA honors Florida's CWL and I will still have a residence there....don't want to stay there just doing my job till I can get back here to Florida.

Thanks for your help!



Thats a question you really need to ask the state on ...


Which state?  VA or Florida?  Or both?  Thanks for the quick reply!!!



12/15/2008 7:55:22 PM EDT
[#47]
Originally Posted By Navy4Life:
Originally Posted By Miami02TJ:
Originally Posted By Navy4Life:
I have a quick question about my Conceal Weapons Liscense.

I am getting assigned to a new job in Virginia Beach, VA come March 2009 via my active duty in the Navy.  I am a resident of Florida, plan on keeping my residence here in Florida, and have a resident CWL.

When I transfer to VA, can I still keep my CWL or do I need to apply in VA?  

I know VA honors Florida's CWL and I will still have a residence there....don't want to stay there just doing my job till I can get back here to Florida.

Thanks for your help!



Thats a question you really need to ask the state on ...


Which state?  VA or Florida?  Or both?  Thanks for the quick reply!!!






I would say both to be better safe then sorry ...
12/19/2008 1:29:55 AM EDT
[#48]
My FL CWP is about to expire in a couple months and I want to renew it now.  I searched the Agricultural site but can't find any info on how to renew it.  We move around a lot so I doubt any renewal papers would of made it to us since we've had so many military related moves in the past 5 years.

Any idea on how I can renew it??  

Thanks!
12/19/2008 7:14:01 AM EDT
[#49]
Originally Posted By Wizz:
My FL CWP is about to expire in a couple months and I want to renew it now.  I searched the Agricultural site but can't find any info on how to renew it.  We move around a lot so I doubt any renewal papers would of made it to us since we've had so many military related moves in the past 5 years.

Any idea on how I can renew it??  

Thanks!


call them, number is on the back of your card...
12/19/2008 1:13:05 PM EDT
[Last Edit: Wizz][Edited] [#50]
Originally Posted By Miami02TJ:
Originally Posted By Wizz:
My FL CWP is about to expire in a couple months and I want to renew it now.  I searched the Agricultural site but can't find any info on how to renew it.  We move around a lot so I doubt any renewal papers would of made it to us since we've had so many military related moves in the past 5 years.

Any idea on how I can renew it??  

Thanks!


call them, number is on the back of your card...


Thanks, I called and they said just to simply fill out their online address update form and they will send me the renewal papers automatically when there is an address change.  I know on their website they say they send out the renewal '90 days' before the CWP expires, but mine expires in 2 months so I guess I was worried about being lost in the time gap not having updated my address before the 90 day period.  I guess if I don't receive it in a month I'll call again.  Thanks for the help!

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