Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Page / 7
Link Posted: 5/2/2012 2:19:16 PM EDT
[#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 10:21:49 AM EDT
[#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 4:56:10 PM EDT
[#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 6:00:55 PM EDT
[#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 2:41:24 PM EDT
[#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 3:27:42 PM EDT
[#6]
Appointment was on the 10th, it arrived today. So 10 business days.
Link Posted: 6/18/2012 10:02:16 PM EDT
[#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 1:50:20 PM EDT
[#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 11:52:58 PM EDT
[#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 1:29:12 PM EDT
[#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 10:50:08 AM EDT
[#11]
Good rules.  Thanks for the FAQ!
Link Posted: 8/8/2012 5:12:43 PM EDT
[#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 11:09:48 PM EDT
[#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 2:42:38 PM EDT
[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 6:43:12 AM EDT
[#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 9:23:52 PM EDT
[#16]
Just got my CWP.

Application: Sept 5
Received: Sept 14
Link Posted: 9/27/2012 3:25:08 PM EDT
[#17]
Link Posted: 10/10/2012 8:56:42 PM EDT
[#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 7:54:59 PM EDT
[#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 8:49:54 PM EDT
[#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 11:27:56 PM EDT
[#21]
Any word on tribal land such as the Miccosukee Casino & Seminole Hard Rock?  

Thanks!

O
Link Posted: 11/1/2012 7:53:54 AM EDT
[#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 11:16:35 PM EDT
[#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 8:11:39 PM EDT
[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 6:43:58 PM EDT
[#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 9:02:05 PM EDT
[#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 9:06:30 PM EDT
[#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 9:30:04 PM EDT
[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 9:44:49 PM EDT
[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 9:48:16 PM EDT
[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 12:50:55 PM EDT
[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 3:25:37 PM EDT
[#32]
Link Posted: 1/23/2013 6:54:32 PM EDT
[#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 6:56:17 PM EDT
[#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 8:53:00 PM EDT
[#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 9:18:09 PM EDT
[#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 12:51:18 PM EDT
[#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 4:35:28 PM EDT
[#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 10:07:57 PM EDT
[#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 11:18:31 AM EDT
[#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 6:08:22 AM EDT
[#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 11:57:12 AM EDT
[#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 11:11:10 AM EDT
[#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 1:34:37 PM EDT
[#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 2:50:23 PM EDT
[#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 4:52:53 AM EDT
[#46]
Link Posted: 4/29/2013 3:18:00 PM EDT
[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 1:04:18 PM EDT
[#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 5:52:16 PM EDT
[#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 3:34:24 PM EDT
[#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
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