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Posted: 3/8/2008 9:08:40 AM EDT
[Last Edit: 4/19/2014 6:40:30 AM EDT by Miami02TJ]
This post is still work in progress –– if you have questions I should add, corrections or comments please post them below ...

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.

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Can I carry at a the Disney/Busch/Universal park?

YES! They usually search bags but not your person. FL law does not exclude the parks so your GTG if your licensed. The parks don't like it and will ask you to lock it up if they see it but it is legal.

Note: On special events like the Holloween nights, they may use wands or metal detectors.
_________________
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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.
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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.
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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.
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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").
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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.
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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.

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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.
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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.

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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"
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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.

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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.
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The bold/red is the answer to this question.
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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"
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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.

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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.
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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.
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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).
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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
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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.

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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.

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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.
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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.
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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)
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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,
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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;
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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.
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Link Posted: 3/9/2008 2:02:14 PM EDT
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".

Link Posted: 3/12/2008 9:45:03 PM EDT

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
Link Posted: 3/12/2008 10:24:37 PM EDT

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 ...
Link Posted: 3/12/2008 10:27:12 PM EDT

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
Link Posted: 3/13/2008 2:03:29 AM EDT
[Last Edit: 3/13/2008 2:14:14 AM EDT 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.
Link Posted: 3/13/2008 12:16:21 PM EDT

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.

Link Posted: 3/18/2008 6:53:58 PM EDT
[Last Edit: 3/18/2008 6:56:13 PM EDT 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?

Link Posted: 3/18/2008 8:22:21 PM EDT

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 ...
Link Posted: 3/18/2008 8:23:11 PM EDT

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 ...
Link Posted: 3/18/2008 9:46:34 PM EDT
[Last Edit: 3/18/2008 10:04:03 PM EDT by kcolg30]

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.
Link Posted: 3/23/2008 8:44:10 PM EDT
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.
Link Posted: 3/30/2008 4:20:24 PM EDT
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
Link Posted: 5/7/2008 11:46:49 AM EDT

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?
Link Posted: 5/7/2008 12:34:01 PM EDT
yes please,
Link Posted: 5/8/2008 7:15:22 PM EDT
[Last Edit: 5/8/2008 7:24:07 PM EDT by HommieDaKlown]

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."
Link Posted: 5/15/2008 3:06:39 PM EDT
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.
Link Posted: 5/15/2008 3:32:45 PM EDT
this is a great post..... thanks for the information....

Slug-O
Link Posted: 5/18/2008 7:51:46 AM EDT
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?
Link Posted: 5/18/2008 10:37:18 AM EDT

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.
Link Posted: 5/18/2008 12:04:34 PM EDT
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.
Link Posted: 5/19/2008 1:30:31 PM EDT
Thanks for the info, it was sorta what I was thinking too. ( the fuzz )
Link Posted: 5/21/2008 11:59:12 AM EDT
so when going to the range w./ a long gun I have to keep it in a case and hidden?
Link Posted: 5/21/2008 2:15:58 PM EDT

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.
Link Posted: 6/2/2008 8:29:35 PM EDT
Can you post something about how to begin the process of obtaining my CCW. and how much it will cost. Thank you

bogg
Link Posted: 6/2/2008 8:35:03 PM EDT

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
Link Posted: 6/2/2008 8:37:59 PM EDT
Thanks I am on it and educating myself on the process

bogg
Link Posted: 6/2/2008 8:40:46 PM EDT

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.
Link Posted: 6/5/2008 12:26:57 AM EDT
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?
Link Posted: 6/5/2008 5:33:26 AM EDT
[Last Edit: 6/5/2008 5:36:37 AM EDT by Miami02TJ]

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.
Link Posted: 6/5/2008 11:54:52 AM EDT
[Last Edit: 6/5/2008 11:57:00 AM EDT by phreel0aderr]
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.
Link Posted: 6/27/2008 5:52:35 PM EDT
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 ?
Link Posted: 6/27/2008 5:57:07 PM EDT

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 ...
Link Posted: 6/29/2008 8:54:56 PM EDT
thats what i thought but i figured i would ask any ways .
Link Posted: 6/30/2008 11:00:24 PM EDT
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.
Link Posted: 6/30/2008 11:20:30 PM EDT

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.


Link Posted: 7/1/2008 1:25:10 AM EDT
Thanks. Not really.

I'll make some phone calls.

Thanks anyway!
Link Posted: 10/26/2008 9:59:32 PM EDT
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?
Link Posted: 10/27/2008 8:08:50 AM EDT
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.
Link Posted: 11/3/2008 8:43:29 PM EDT
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.?
Link Posted: 11/3/2008 8:57:30 PM EDT
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 ...
Link Posted: 11/8/2008 6:57:41 AM EDT
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?
Link Posted: 11/8/2008 9:32:34 AM EDT
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.

Link Posted: 11/9/2008 1:55:50 AM EDT
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
Link Posted: 12/15/2008 7:42:44 PM EDT
[Last Edit: 12/15/2008 7:44:48 PM EDT 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 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!

Link Posted: 12/15/2008 7:44:36 PM EDT
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 ...
Link Posted: 12/15/2008 7:46:10 PM EDT
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!!!



Link Posted: 12/15/2008 7:55:22 PM EDT
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 ...
Link Posted: 12/19/2008 1:29:55 AM EDT
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!
Link Posted: 12/19/2008 7:14:01 AM EDT
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...
Link Posted: 12/19/2008 1:13:05 PM EDT
[Last Edit: 12/19/2008 1:13:48 PM EDT by Wizz]
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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