Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
Durkin Tactical Franklin Armory
User Panel

Site Notices
11/2/2022 4:30:06 PM
Arrow Left Previous Page
Page / 7
Posted: 3/8/2008 8:08:40 AM EST
[Last Edit: Miami02TJ]
This post is still work in progress –– if you have questions I should add, corrections or comments please post them below  - Updated 10/30/2019.

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 advise 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 how to apply for a FL Concealed Weapons License, visit the state's website here

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

____________________________________________________________________________
Can I carry at a the Disney/Busch/Universal park? (updated 10/30/2019)

YES it is LEGAL but they are now using wands/metal detectors and if caught trying to carry in the park you may be asked you to leave and not return even of you are LEO or have a CWL.

____________________________________________________________________________
What are the laws for having a gun on my boat or motorcycle with or without a CCW?

Same as indicated below for your car.  They are all considered private conveyances.
____________________________________________________________________________
Can I carry or have a firearm in a casino or indian, reservation ?

FL state statue states:

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 and over civil causes of actions between Indians or other persons or to which Indians or other persons are parties rising 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
____________________________________________________________________________
Can I have a gun in my car if I dont have a CWL ?

FL SS 790.25(5) states anyone 18 or older can have a loaded or unloaded gun in their "private conveyance" as long as:

It's NOT "Readily accessible for immediate use" or it IS "securely encased"

The law also clearly defines both (FL SS 790.001):

790.01(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.

790.01(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
____________________________________________________________________________
I have a FL CWL, while in my car can I have the gun under the seat?  Maybe in between my seats?

The law gives you permission to carry a "concealed weapon" or a "concealed firearm" "on or about" yourself as long as it is concealed "from the ordinary sight of another person".

Lets look at the definitions for clarification ...

Case law defines "on or about" as such ...

("on or about the person" means "physically on the person or readily accessible to him"); Bailey v. State,  442 So.2d 385, 386 (Fla.App.1983) ("on or about the person" means "close proximity to him within his easy reach").
View Quote
A FL CWL gives you permission to carry a "concealed weapon" or "Concealed Firearm" (with the exception of a MG) which is defined as:

(2)  "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.

(3)(a)  "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
View Quote
So yes, assuming that you have a CWL and there are no unlicensed person(s) in your car with you, it "should" be legal to have your firearm  "on or about you" and "out of ordinary sight".  This is assuming that case law does not say differently.  Remember that no unlicensed persons can be in the car with you.  It may be legal for you to have it hidden between your seats covered with a towel but your unlicensed wife in the seat next you can be arrested for carrying a concealed weapon since it is ALSO readily accessible to her.

But, in reality - carrying like this "might" give you some crap and I don't recommend it.  Keep the dam thing on your belt where it belongs.

____________________________________________________________________________
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.
View Quote
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.

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

790.06(12) states:

"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".  This needs repeating, the keywords are "which portion of the establishment is primarily devoted to such purpose"
View Quote
Unfortunately this is not clearly defined by the law or case law but it is widely understood that the reason restaurants have a roped, fenced or walled off bar section is to comply with this law and others that FL created to restrict certain people from entering "bar areas".  A booth in a sectioned off "bar area" is still considered by many (but not all) to be a bar area.  It is advised to err on the side of caution and stay away from this "separated" bar area.

When considering carrying in other locations that serve alcohol ask yourself if the area you will be at is "primarily devoted to such purpose" of "dispense(ing) alcoholic beverages" as the law points out.

____________________________________________________________________________
Can I drink while at a restaurant?

790.151 states:

(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
The bold/red is the answer to this question.
____________________________________________________________________________
When I have my gun either on me or in my car and I get pulled over by an officer do I need to tell him I have a gun?

790.06(1) states:

"The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer"
View Quote
So unless asked you are not required to tell the officer.  Most CWL holders will tell you that there personal experiences when they have notified an officer they had a firearm in the car have been very positive.  There are always exceptions but in my personal experiences it has been positive 9/10 times and almost every time I got out of the ticket.  I honestly believe that the up front disclosure and honesty went a long way to help out my situation.

On a side note, if you do decide to disclose don't tell the officer when he approaches your car "I have a gun".  That will probably send a rookie to draw, dash for cover and call in the SRTs.

If you have a CWL the best way to notify the officer you are carrying is to have your license and CWL ready when he approaches and hand they both to the officer.  Politely say, I do have a CWL and I am carrying today.

If you dont have a CWL, when he approaches hand him your license and let him know you have a firearm "securely encased" in your car.

____________________________________________________________________________
I have a CWL, where can't I carry my gun?

790.06(12) states:

No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; 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; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; 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; any elementary or secondary school facility; any career center; 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; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law.
View Quote
Note FL law says nothing about having to obey a "no guns" sign on the door of any building.  As long as carry in the place is not restricted, signs mean NADA!

Federal law adds federal buildings, Federal Facilities ("may" include a post office - in debate) or federal land as a no no.  Thankfully, as of 2/22/10 you are allowed to carry in national parks assuming you can carry elsewhere in the state and the state does not have a law against it.  In FL you can carry with an accepted CWL.   It should be noted that the Fed's have a very loose interpretation of what a "Federal Facility" is. From the NRA website linked below:
The National Park Service has indicated that, according to its apparently broad interpretation of the law, the law prohibits firearms not only in buildings (such as visitor centers, ranger stations, and administrative offices) but also in other areas that are regularly staffed by federal employees (such as developed caves and gated outdoor performance areas). However, NPS officials stress that all prohibited locations will be marked with signs.

The ban on carry in "federal facilities" does not apply to buildings that are located in parks, but not staffed by the federal government—such as many restaurants, lodges and gift shops.  However, private operators of those places are free to make their own rules subject to state law.
View Quote
More info on the National Parks and Federal Buildings issue here: http://www.nraila.org/Legislation/Federal/Read.aspx?id=5488

Seaports:  Under Florida State Statute 311.12 (7)  Seaport security standards; inspections; compliance; appeals. –– 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, punishable as provided in s. 775.082 or s. 775.083.

Important to note that any weapon listed below can not be anywhere in their property.  NOT EVEN IN YOUR CAR!

Weapons (to include firearms) include: Concealed knives, Brass knuckles, Slung shot, Billie clubs, Tear gas, Chemical weapon or device or any other items used for the purpose of causing death or injury to another.

Also, recent laws added pharmacies and hospitals to the list but both have a clause that states as an exception to the law you can carry if licensed to do so by the state.  Many assume that your CWL falls under this category but there is no current case law to confirm or contradict this assumption.

Update on Hospitals (hospitals w/ schools may fall under a school/university so may have different rules):

This is a revised update by Mr. Gutmacher of a recent article from his monthly magazine column, The Legal Corner
CAN YOU CARRY AT A HOSPITAL?
© 2006 by Jon H. Gutmacher

Florida Statute § 394.458 states “except as authorized by law” it is a third degree felony (yeah – felony!) for any person to bring, carry, possess, or transport a “firearm or other dangerous weapon” upon the grounds of any “hospital (or mental health facility) providing mental health services”. Here’s the actual wording:

(1) (a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon the grounds of such hospital, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section:

1. Any intoxicating beverage or beverage . . . .
2. Any controlled substance as defined in chapter 893; or
3. Any firearms or deadly weapon”.

I just handled an arrest involving this statute. I raised the defense that the phrase “except as authorized by law” meant just that – and that securely encased weapons in vehicles on hospital grounds were therefore legal, pursuant to Florida Statute 790.25, and that persons having a Concealed Weapons Permit were also authorized because Florida Statute 790.06(12) lists all the places you can’t carry pursuant to your permit – and a hospital or mental health facility isn’t one of them. Thus you’re obviously “authorized by law”.

Now, the State Attorney agreed with me in the case I was handling – and dropped the prosecution. However, there is no binding appellate decision on this issue, and therefore, no guarantee you couldn’t get arrested, and become the next “test case”. Just because I’m sure my interpretation is correct doesn’t mean that the rest of the world will. Likewise, the “law according to Gutmacher” isn’t quite the same thing as an Opinion by an appellate court which is binding across the State. So –– maybe some caution isn’t such a bad idea?

I therefore would suggest that carrying inside a hospital or mental health facility pursuant to your CWP should be reserved for very special instances. Likewise, if any one knows you’re carrying, and tells the police or a security guard - I would suggest you be more than accommodating in offering to leave immediately if they feel you’re illegal, or just don’t want you there. Remember –– even if my interpretation is correct –– they still have the right to tell you to leave under trespass laws, no matter what the actual law is. So just get the heck out while you have the chance. If you get into any type of situation where you’re actually taken into custody, politely suggest to the officers that because you have a CWP, you’re not acting illegally. They’ll probably ignore you – but who knows? Can’t hurt!

Anyway, that’s my spin on this statute. Keep safe.
Mr. Gutmacher is a practicing trial attorney, was a felony prosecutor, police legal advisor, is an NRA certified firearms instructor, the author of the book Florida Firearms –– Law, Use & Ownership, has appeared on national broadcast network TV's NightLine, and primarily practices in the area of criminal law throughout the state with an emphasis on weapon related offenses, all felonies, as well as representing clients in ATF investigations, FFL license revocations, NICS database errors, expunctions, and select civil cases including defamation, false arrest, and malicious prosecution. His office is in Orlando, and comments or questions can be addressed via email (office{at}floridafirearmslaw[dot]com).
View Quote
____________________________________________________________________________
I'm picking up my kid from school (elementary, middle, high school, private or public), can I drive into the parking lot to pick him/her up if the gun is on me or in my car?

790.06(12) states that CWL holders are not authorized to carry in:

any elementary or secondary school facility
View Quote
A facility is defined as: All or any portion of a building, area, or structure, including the site on which it is located, wherein specific services are provided or activities are performed.

So a CWL would not allow you to carry anywhere on school property, including a parking lot.

FL law 790.115 also addresses this question

790.115
(2)(a)  A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:

...

3.  In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

This can be assumed as saying that you cant have a gun on school property unless its in your car not "Readily accessible for immediate use" or it IS "securely encased".

But, it also states that the school district can make a policy that would nullify this protection and make it illegal.  You need to check with your local school district but I can almost guarantee you that there is a policy making it illegal.

Another reason to get a CWL is because the statue also states that FL CWL holders wont be charged with a felony (unlike non CWL holders) if they violate the above but instead with a misdemeanor.

____________________________________________________________________________
I'm a student or employee at a post-secondary school (college, university or any other school you would attend after high-school) can I have my gun on me or in my car?

I need to pick someone up at the above can I have my gun on me or in my car?

I drive through the above can I have my gun on me or in my car?


790.115 quoted above states that the definition of a "school" includes postsecondary schools, ie: a college or university.

It states that you can not have a gun on school property (that includes the parking lot) and that having one would be a Felony (or a misdemeanor if you have a CWL)

It also states you can have a firearm in your car if the "school district" has not made a policy against it.  Every school I have been to has a policy against guns.  BUT, as of December 10, 2013 a state appellate court ruled that public colleges and universities are not a school district and that they have no right to prohibit students or employees from having a firearm secured in their vehicle.  LEGAL OPINION HERE.  This ruling now allows students, faculty, and employees to keep their firearms securely encased in their vehicles.

790.06 tells CWL holders that you can NOT have a gun at:

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

So it still states no gun BUT you can have one of those useless stun guns.

As for driving through, this is a very gray area.  Is it a public road and are you just driving trough?  If it is you will "probably" be OK.  If its a private road on campus, and your gun is securely encased and your a student/employee, then you should be fine.

____________________________________________________________________________
I'm going to the bank/mall/grocery or amusement park and they have a sign that says "no guns".  Do I need to obey the sign?

NO, there is no law in FL that says you need to obey that sign.  Just make sure the place is not excluded by 790.06(12)

____________________________________________________________________________
Can I carry a knife in FL without a CWL?

You can carry any knife you wish as long as its open carried (not concealed).  Carrying a knife concealed is a little trickier ...

790.001  Definitions. States:

(13)  "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
View Quote
The definition states that a "common pocket knife" is not a "weapon".  It does not specifically define what a common pocket knife is but case law has repeatedly upheld that knives with a cutting edge of 4" or less are considered as a "common pocketknife".   BUT, it is important to note that there is case law suggesting that a "tactical knife" which likely includes autos, assisted folders and maybe even a wave knife may not be considered a "common pocket knife".  It appears that the true definition of a "common pocket knife" is left up to a jury.

More importantly, the definition only relates to a "weapon".  The definition is not applied to a "concealed weapon".  Even a 3.5" folder carried concealed "may" be considered a "concealed weapon" by a jury.  Here is the definition of a "concealed weapon"

790.001  Definitions. States:

(3)(a)  "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
View Quote
Notice there is no "common pocket knife" clause in the definition of "concealed weapon".

Obviously with a FL Concealed Weapons and Firearms License you can carry whatever the hell you want as long as its concealed.

A great explanation on this topic can be found on THR:   original here

790.001,01; * It seems dangerous to rely on this. L.B. v State 700 So.2d 370 (1997) suggests that a closed folder of 3.75" is okay, due in part to an identical AG opinion from 1951 (stating knives up to 4" are common pocketknives). However, that "common pocketknife" exception is only for the definition of "weapon". "Concealed weapon" in 790.001 has no "common pocketknife" exception as the "weapon" statute does; this distinction is presented in Baldwin v State, 857 So. 2d 249 (2003). State v. Ortiz, 504 So. 2d 39: a 4" folder may be a concealed weapon because determination of "common pocketknife" is a jury question. Folding knives must be carried closed: Walls v State 730 So. 2d 294 (1999), Porter v State 798 So.2d 855 (2001). A tactical knife may not be a "common pocketknife": J.D.L.R. v State 701 So. 2d 626 (1997). There is plenty of other interesting caselaw: 504 So. 2d 39 (1987); Nystrom 777 So. 2d 1013; State v. A.D.H., 429 So. 2d 1316 (1983); Simmons v. State, 780 So. 2d 263 (2001); Garcia v State, 789 So. 2d 1059 (2001). For legal status of icepicks and razors, see State v. Tremblay, 642 So. 2d 64 (1994) and Robinson v. State, 547 So. 2d 321 (1989)
View Quote
____________________________________________________________________________
Can I open carry?

Florida rule 62D-2.014 that states:

No person shall use or openly display in any state park weapons such as firearms of any type,
View Quote
https://www.flrules.org/gateway/RuleNo.asp?id=62D-2.014

State Statue 790.053 states you can not open carry.  But section (1) of the same law says "Except as otherwise provided by law".

Statue 790.25 defines lawful uses.  Section (h) of above says "A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;".

Its been long assumed that you would be OK open carrying when following any of the above.  There is a movement in FL to allow open carry.  These guys, and gals, often go fishing while open carrying and are the local PD not only do not interfere, but keep a watchful eye.
http://open-carry.com/

____________________________________________________________________________
I took XXX class or have served in the military, is that enough to get my CWL?

The state in FL statue 790.06 states to get a FL CWL you must:

(h)Demonstrates competence with a firearm by any one of the following:
1.Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;
2.Completion of any National Rifle Association firearms safety or training course;
3.Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;
4.Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
5.Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
6.Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or
7.Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;
A photocopy of a certificate of completion of any of the courses or classes; or an affidavit from the instructor, school, club, organization, or group that conducted or taught said course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this paragraph; any person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm;
View Quote
____________________________________________________________________________
What about county/municipal ordinances/laws that say I can't carry at xyz location?

State law 790.33 preempts all county and city laws when related to firearms and ammunition. They mean squat.  Not only are they meaningless, but stiff penalties are in place if state law is violated.
_________________
missing
Link Posted: 5/2/2012 1:19:16 PM EST
[#1]
Not sure if this is the right place to post but for the Punta Gorda Regional Office where you get the applications done at is actually suite 112 and not 111 as listed in the member info thread. Minor detail and it may have been a recent change. Sent my prints and application through there Friday. Now the wait.
Link Posted: 5/18/2012 9:21:49 AM EST
[#2]
Is there a provision for a FL resident who is Active Duty .mil to CC without a CWL?  

How about the waiting period if buying a handgun for a person in the same situation?
Link Posted: 5/18/2012 3:56:10 PM EST
[#3]
Originally Posted By DPL:
Is there a provision for a FL resident who is Active Duty .mil to CC without a CWL?  

How about the waiting period if buying a handgun for a person in the same situation?


You can only carry without a cwl if you are on orders and required to do so.

As for the wait, the waiting period law has a ton of exclusions that no shop I've ever seen follows.
Link Posted: 5/19/2012 5:00:55 PM EST
[#4]
Just mailed mine in 5/17. Did the electronic finger prints. Will post back when i get it to give an updated wait time estimate.
Link Posted: 5/22/2012 1:41:24 PM EST
[#5]
It was exactly 10 days from went I sent my application electronically to when I got my CCW in the mail.
Link Posted: 5/24/2012 2:27:42 PM EST
[#6]
Appointment was on the 10th, it arrived today. So 10 business days.
Link Posted: 6/18/2012 9:02:16 PM EST
[#7]
i just did  digital set of my finger prints. i was told i could pay online but i dont know where to find the link. i did these last week the day before i came back to afghanistan so i cant call. any info would be greatly appreciated. at the moment i have the packet fingerprints and picture for id i just need to fax a copy of my military id, is there anything else im missing?
Link Posted: 6/22/2012 12:50:20 PM EST
[#8]
Originally Posted By LockOut:
Just mailed mine in 5/17. Did the electronic finger prints. Will post back when i get it to give an updated wait time estimate.


Got it in the mail today. Its dated approved 6/13. Ten days for mailing
Link Posted: 7/17/2012 10:52:58 PM EST
[#9]
Mailed mine in the old fashioned way on 6/11, and received my license in the mail 7/16! Not too bad.
Link Posted: 7/27/2012 12:29:12 PM EST
[#10]
I have my appt for 08/10. Supposed to be 5-10 days after fingerprinting. I will let you know how it goes. Hillsborough County.
Link Posted: 8/6/2012 9:50:08 AM EST
[#11]
Good rules.  Thanks for the FAQ!
Link Posted: 8/8/2012 4:12:43 PM EST
[#12]
Ok, I am out of state and coming to FL for some beach time!!!  I have a GA licence that is accepted by FL.  If I am in my car and my weapon is on my side (loaded), my wife is also in the car and she does not have a licence.  Is that legal for me to have my weapon on my side or does it need to be secured because she is unlicensed?

Link Posted: 8/9/2012 10:09:48 PM EST
[#13]
Originally Posted By xMANBEARPIGx007:
Ok, I am out of state and coming to FL for some beach time!!!  I have a GA licence that is accepted by FL.  If I am in my car and my weapon is on my side (loaded), my wife is also in the car and she does not have a licence.  Is that legal for me to have my weapon on my side or does it need to be secured because she is unlicensed?

I am not a lawyer.

I just spent 30 minutes trying to find you a concrete answer to your question, and could not find a definitive answer.  The relevant statutes are:

Fl. Stat. 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.

Fl. Stat. 790.001
(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.

Based on those two, and a little reasonable common sense, I'm going to say that holstered on your person is fine.  I think it would be hard for anyone to construe a holstered weapon on your person to be "readily accessible for immediate use" to your wife.  I am in vehicles with a holstered weapon all the time with unlicensed people.  It would make no sense for the law to disallow this behavior.  Nobody with a permitted concealed weapon would ever be able to ride in a vehicle with an unlicensed person!

The chief difference between you and your wife with regard to vehicle carry is this:  you can have that weapon anywhere in that vehicle, as long as it is out of plain sight (because otherwise that would be open carry) and she is not with you.  Under a towel on the passenger seat: fine.  Tucked under your thigh: fine.  Tossed under the driver seat: stupid, but fine.  But the moment she's in that car with you, you are restricted to "securely encased" or on your person.  In any of the three previous examples, from a legal standpoint she'd be carrying a concealed weapon.
Link Posted: 8/10/2012 1:42:38 PM EST
[Last Edit: Miami02TJ] [#14]
Originally Posted By xMANBEARPIGx007:
Ok, I am out of state and coming to FL for some beach time!!!  I have a GA licence that is accepted by FL.  If I am in my car and my weapon is on my side (loaded), my wife is also in the car and she does not have a licence.  Is that legal for me to have my weapon on my side or does it need to be secured because she is unlicensed?



I'm not really sure what you mean with side.  If you mean straped on your side, cocealed, then it does not matter since the reciprocity provided by your GA CWL covers you.  If you mean strapped to your side, unconcealed than no, it's illegal via FL state statutes with or without a CWL.

If you just mean laying on your side, as I assume is the case, FL CWL law only allows you to carry it concealed on or about you so the law has no factor on what you are doing.

Look at the OP for the discussions entitled "Can I have a gun in my car if I dont have a CWL ? " and "I have a FL CWL, while in my car can I have the gun under the seat? Maybe in between my seats? " for discussions and answers on this topic.

Fixed the omission pointed out in blue ...
Link Posted: 8/11/2012 5:43:12 AM EST
[#15]
I did my fingerprinting and photo yesterday at the new office in downtown Tampa. Took all of 10 minutes. They claim two to three weeks to receive in the mail but i have heard that some have gotten it in less than 8 days. I will keep you posted...
Link Posted: 9/14/2012 8:23:52 PM EST
[#16]
Just got my CWP.

Application: Sept 5
Received: Sept 14
Link Posted: 9/27/2012 2:25:08 PM EST
[#17]
Link Posted: 10/10/2012 7:56:42 PM EST
[#18]
Originally Posted By SGB:

Originally Posted By Miami02TJ:


...., FL CWL law only allows you to carry it concealed on you ......

Where does the statute say that .... ?
 


Yea it should say "on or about"
Link Posted: 10/21/2012 6:54:59 PM EST
[#19]
How do I obtain a FL non-resident ccw permit? What site could I visit to obtain my paperwork etc?
Link Posted: 10/21/2012 7:49:54 PM EST
[#20]
Originally Posted By fly223:
How do I obtain a FL non-resident ccw permit? What site could I visit to obtain my paperwork etc?


The process is the same as it would be for a resident. Here is the info:

http://licgweb.doacs.state.fl.us/weapons/index.html
Link Posted: 10/31/2012 10:27:56 PM EST
[#21]
Any word on tribal land such as the Miccosukee Casino & Seminole Hard Rock?  

Thanks!

O
Link Posted: 11/1/2012 6:53:54 AM EST
[#22]
Originally Posted By oef24:
Any word on tribal land such as the Miccosukee Casino & Seminole Hard Rock?  

Thanks!

O


Nope. I can't get them to say anything twice. I think Gutmacher may have something in his latest book.
Link Posted: 11/2/2012 10:16:35 PM EST
[#23]
Originally Posted By Miami02TJ:
Originally Posted By oef24:
Any word on tribal land such as the Miccosukee Casino & Seminole Hard Rock?  

Thanks!

O


Nope. I can't get them to say anything twice. I think Gutmacher may have something in his latest book.


7th Edition?  I am going to look it up.  Thanks again!

O
Link Posted: 11/7/2012 7:11:39 PM EST
[Last Edit: brboyer] [#24]
Originally Posted By oef24:
Any word on tribal land such as the Miccosukee Casino & Seminole Hard Rock?  

Thanks!

O


Perfectly legal. Tribes in Florida have no criminal jurisdiction.

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 and over civil causes of actions between Indians or other persons or to which Indians or other persons are parties rising 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.
Link Posted: 11/24/2012 5:43:58 PM EST
[#25]
I dont think you can carry NFA weapons concealed but can you carry a concealed rifle (ie PS90)?

What about an AR15 Pistol as CCW?


Link Posted: 11/24/2012 8:02:05 PM EST
[#26]
Originally Posted By brboyer:
Originally Posted By oef24:
Any word on tribal land such as the Miccosukee Casino & Seminole Hard Rock?  

Thanks!

O


Perfectly legal. Tribes in Florida have no criminal jurisdiction.

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 and over civil causes of actions between Indians or other persons or to which Indians or other persons are parties rising 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.


Good find, TY!
Link Posted: 11/24/2012 8:06:30 PM EST
[#27]
Originally Posted By JonJR:
I dont think you can carry NFA weapons concealed but can you carry a concealed rifle (ie PS90)?


Law states:

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).

Originally Posted By JonJR:
What about an AR15 Pistol as CCW?


You answered your own question ...
Link Posted: 11/24/2012 8:30:04 PM EST
[Last Edit: brboyer] [#28]
Originally Posted By Miami02TJ:
Originally Posted By JonJR:
I dont think you can carry NFA weapons concealed but can you carry a concealed rifle (ie PS90)?


Law states:

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).


A very well regarded firearms attorney in Florida has suggested that:
790.01 Carrying concealed weapons.—
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
Indicates that it is lawful for one to carry any firearm concealed as long as one has a CWFL.
Which is the only chapter one could be charged under. 790.06 only has penalties for subsection 12 - the location restrictions, not they type of firearm involved.
Link Posted: 11/24/2012 8:44:49 PM EST
[Last Edit: JonJR] [#29]
OK...

1.an AR Pistol is a pistol and can be carried.
can an AR15 rifle be made into a pistol by putting the pistol buffer tube on it?

2. It says machine gun...so, does that mean a SBR or SBS can be carried?


(9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
(10) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(12) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.

3. A silencer/suppressor is considered a firearm. so if you dont have a CWP and have a suppressor in your pocket thats a crime?

“Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Link Posted: 11/24/2012 8:48:16 PM EST
[Last Edit: Miami02TJ] [#30]
Originally Posted By brboyer:
Originally Posted By Miami02TJ:
Originally Posted By JonJR:
I dont think you can carry NFA weapons concealed but can you carry a concealed rifle (ie PS90)?


Law states:

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).


A very well regarded firearms attorney in Florida has suggested that:
790.01 Carrying concealed weapons.—
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
Indicates that it is lawful for one to carry any firearm concealed as long as one has a CWFL.
Which is the only chapter one could be charged under. 790.06 only has penalties for subsection 12 - the location restrictions, not they type of firearm involved.


Could be.  I'm to tired to look into the case law on this one.  But, as you stated, the attorney suggested...
Link Posted: 1/13/2013 11:50:55 AM EST
[Last Edit: ekim1843] [#31]
This book is a must have for any Floridian that owns guns.  Please buy it.  Nothing even comes close. It will keep you out of jail.  Best thing i ever bought.

http://www.floridafirearmslaw.com/
Link Posted: 1/13/2013 2:25:37 PM EST
[#32]
Link Posted: 1/23/2013 5:54:32 PM EST
[#33]
Originally Posted By JonJR:
OK...

1.an AR Pistol is a pistol and can be carried.
can an AR15 rifle be made into a pistol by putting the pistol buffer tube on it?

2. It says machine gun...so, does that mean a SBR or SBS can be carried?


(9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
(10) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(12) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.

3. A silencer/suppressor is considered a firearm. so if you dont have a CWP and have a suppressor in your pocket thats a crime?

“Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.



A legal AR pistol is a pistol that was configured by the factory as a pistol or it is an unbuilt/new lower receiver that you originally assembled as a pistol. That is a legal to own AR pistol.

You can take your pistol and legally put a 16" or longer barrel on it and then put a buttstock on it (thereby converting the pistol into a rifle). You can then convert it back to a pistol by removing the buttstock then putting it back together as a pistol

IT IS NOT LEGAL TO CONVERT A LOWER THAT WAS ORIGINALLY CONFIGURED AS A RIFLE INTO A PISTOL. NFA RULES APPLY TO CONVERT A RIFLE INTO A PISTOL.
Link Posted: 1/23/2013 5:56:17 PM EST
[#34]
Originally Posted By brboyer:
Originally Posted By Miami02TJ:
Originally Posted By JonJR:
I dont think you can carry NFA weapons concealed but can you carry a concealed rifle (ie PS90)?


Law states:

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).


A very well regarded firearms attorney in Florida has suggested that:
790.01 Carrying concealed weapons.—
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
Indicates that it is lawful for one to carry any firearm concealed as long as one has a CWFL.
Which is the only chapter one could be charged under. 790.06 only has penalties for subsection 12 - the location restrictions, not they type of firearm involved.


Sweet, I can ccw my pistol build when the zombies come!
Link Posted: 2/1/2013 7:53:00 PM EST
[#35]
Anyone have any info on the best or least painful way for military to get a Concealed Carry License in FL?
Link Posted: 2/1/2013 8:18:09 PM EST
[#36]
Originally Posted By NasalRadiator:
Anyone have any info on the best or least painful way for military to get a Concealed Carry License in FL?


Make an appt at your local office and show up with a check and your dd214.
Link Posted: 2/3/2013 11:51:18 AM EST
[#37]
Originally Posted By Miami02TJ:
Originally Posted By NasalRadiator:
Anyone have any info on the best or least painful way for military to get a Concealed Carry License in FL?


Make an appt at your local office and show up with a check and your dd214.


Thanks!
Link Posted: 2/4/2013 3:35:28 PM EST
[#38]
I'm right around the 2 month mark since FL cashed my check for my CCW. How long before I should start calling to check the status?

PS....I"m hoping mine will be #1,000,000....
Link Posted: 2/5/2013 9:07:57 PM EST
[#39]
Originally Posted By urbanredneck:
I'm right around the 2 month mark since FL cashed my check for my CCW. How long before I should start calling to check the status?

PS....I"m hoping mine will be #1,000,000....


I"m hoping mine will be #1,000,000.
You missed that number by about 1.35 million. There have been 2,350,562 CWFLs issued, since the program began.

And as of 1/31/2013, there were 1,011,731 active CWFLs.
Link Posted: 2/6/2013 10:18:31 AM EST
[#40]
I sent my renewal notice, money order, and pic, by mail as soon as it came in, which was around the first week in January and about 6 months before my CCW was set to expire.  I figured it would take quite a while to process and since I had the six months I wasn't to worried. I got a welcome surprise last week. My new CCW arrived. Right around a one month turn around.

As I said, this was just a renewal. My third so far. But I thought I'd share.
Link Posted: 2/8/2013 5:08:22 AM EST
[#41]
Originally Posted By brboyer:
Originally Posted By urbanredneck:
I'm right around the 2 month mark since FL cashed my check for my CCW. How long before I should start calling to check the status?

PS....I"m hoping mine will be #1,000,000....


I"m hoping mine will be #1,000,000.
You missed that number by about 1.35 million. There have been 2,350,562 CWFLs issued, since the program began.

And as of 1/31/2013, there were 1,011,731 active CWFLs.


Damnit! My day is ruined....
Link Posted: 2/18/2013 10:57:12 AM EST
[#42]
Does anyone know if NRA Basic Rifle with live fire is enough to satisfy the Training Documentation requirements for a FL CWL?
Link Posted: 2/20/2013 10:11:10 AM EST
[#43]
Originally Posted By Asharus:
Does anyone know if NRA Basic Rifle with live fire is enough to satisfy the Training Documentation requirements for a FL CWL?


Yes

790.06(2)(h)Demonstrates competence with a firearm by any one of the following:
. . .
(2) Completion of any National Rifle Association firearms safety or training course;
. . .

Link Posted: 3/27/2013 12:34:37 PM EST
[#44]
Not sure if it was already answered but what are the legalities for carrying OC spray without a CCW permit. Asking this because my gf is not 21 yet and she goes for walks around the neighborhood while I'm still at work.
Link Posted: 3/27/2013 1:50:23 PM EST
[#45]
Originally Posted By camoman33935:
Not sure if it was already answered but what are the legalities for carrying OC spray without a CCW permit. Asking this because my gf is not 21 yet and she goes for walks around the neighborhood while I'm still at work.


I'm in the car but iirc, it's ok when 2oz or less.
Link Posted: 3/28/2013 3:52:53 AM EST
[#46]
Link Posted: 4/29/2013 2:18:00 PM EST
[Last Edit: lonesouth] [#47]
With regards to a securely encased pistol in a vehicle.  Does the pistol have to be out of sight, or can it be in plain sight?

790.25 Lawful ownership, possession, and use of firearms and other weapons.—

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;


(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.


Does (5) supersede (3)(l) such that the specific citation of concealed as relating to a handgun and the specific exclusion other than a handgun prohibit transporting a securely encased pistol in plain view, such as on a passenger seat, rear seat, console, floor, etc?  This also relates to a prior question of whether a door pocket is a legal place to store a securely encased pistol, as it would be plainly visible when the door is open.

(4) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes.


How often, or effectively, is the construction clause used as a defense for common sense behavior?
Link Posted: 5/2/2013 12:04:18 PM EST
[#48]
Wow, they really do wait until the last minute allowed by law to process your stuff.

They waited the full 90 days to get to and reject my first application. Then they waited the full 60 days to get to the second one I mailed. Jeez...5 months, its finally approved.
Link Posted: 5/3/2013 4:52:16 PM EST
[#49]
Originally Posted By lonesouth:
With regards to a securely encased pistol in a vehicle.  Does the pistol have to be out of sight, or can it be in plain sight?

790.25 Lawful ownership, possession, and use of firearms and other weapons.—

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;


(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.


Does (5) supersede (3)(l) such that the specific citation of concealed as relating to a handgun and the specific exclusion other than a handgun prohibit transporting a securely encased pistol in plain view, such as on a passenger seat, rear seat, console, floor, etc?  This also relates to a prior question of whether a door pocket is a legal place to store a securely encased pistol, as it would be plainly visible when the door is open.

(4) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes.


How often, or effectively, is the construction clause used as a defense for common sense behavior?


The law says nothing about being visible or not. Read the definition of "securely encased" and follow that.
Link Posted: 6/22/2013 2:34:24 PM EST
[#50]
Originally Posted By urbanredneck:
Wow, they really do wait until the last minute allowed by law to process your stuff.

They waited the full 90 days to get to and reject my first application. Then they waited the full 60 days to get to the second one I mailed. Jeez...5 months, its finally approved.


What did they reject it for. I'm at the 80 day mark and nervous.

Mike
Arrow Left Previous Page
Page / 7
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