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Posted: 8/19/2001 5:39:03 PM EDT
I've read over FLorida's laws several times, but am still unsure exactly how legal this would be. I'm 19 and in order to get a Concealed Carry Permit a person has to be 21. But, under Florida Law a Pre-1918 is a non-gun. Then would it be legal to carry w/o a lisence. What about a pre-1898, which is a non-gun under both State and Federal Law. Since, Florida Law covers concealed carry, it would seem to me that anything made before 1918, or any black powder revolvers would be non-guns and therefore exempt. I know its not hard to find a Hopkins & Allen Revolver from the late 19th century. But, then again, there are Pre-1918 Pistols, including the Colt M1911 (Not 1911-A1, which was made in 1926) Though these would probably be very expensive. so, if I purchased an Antique Non-Gun, would it be legal to carry w/o a lisence. I am asking because, the 1 time I actually had to draw a weapon to defend myself, I was at my vehicle and was able to get my Shotgun. But, I wonder what if I was away from my vehicle. I probably would have been robbed or worse. I'm looking for any LEGAL means to carry some type of handgun.
Link Posted: 8/19/2001 6:40:01 PM EDT
a blackpowder pistol may be a non gun but its still a weaopon and would also fall under the conceled weapon laws
Link Posted: 11/11/2001 8:34:55 PM EDT
Florida Statutes Regarding Concealed Carry Say:
790.01 Carrying concealed weapons.-- (1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (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. (4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner: (a) A self-defense chemical spray. (b) A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or device which does not fire a dart or projectile and is designed solely for defensive purposes. (5) This section does not preclude any prosecution for the use of an electric weapon or device or remote stun gun or self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
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It seems, Concealed Carry Is Out Of The Question, But that brings up Open Carry. So, here is the Open Carry Statute:
790.053 Open carrying of weapons.-- (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. (2) A person may openly carry, for purposes of lawful self-defense: (a) A self-defense chemical spray. (b) A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or device which does not fire a dart or projectile and is designed solely for defensive purposes. (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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In Section 1 it says you cannot carry a firearm or Electric Weapon, but then in Section 2 exempts Chemical Sprays yet this isn't a Firearm or Electric Weapon or Device and Therefore wouldn't be illegal whether exempted or not. This confused me and probably would confuse a LEO, so I e-mailed the FDLE. That was 3 months ago when I first posted this. I have yet to hear a word from them regarding the legality of carry a non-gun/electric wepaon openly. The law doesn't make it illegal, yet exempts a device which isn't illegal. Maybe the Legislature was following the example of the 94 AW Ban. If you remember, that law exempted a shitload of guns that weren't SAWs under the law in the first place.
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