Posted: 7/13/2013 3:03:23 PM EDT
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Can you legally carry a concealed weapon on you, if the CCW license has been lost? My Brother lost his CCW and I told him that it was a felony to carry with out his CCW on his possession? Am I correct or are there other mitigating circumstance that are different?
Can anyone chime or provide me a link? Meanwhile he is going to get a letter out to the state and wait for new license to arrive I have been looking and I am unable to find this specific question answered? Thank you to everyone, |
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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). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. 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. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court. (9) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom the same was issued may, upon payment of $15 to the Department of Agriculture and Consumer Services, obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the Department of Agriculture and Consumer Services that such license has been lost or destroyed. |
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It will depend completely on the officer he is dealing with. Per (9) the license is invalid which basically means it is no good in any form which would mean your brother is in fact committing a felony but at the same time if an officer runs his name on the gun query system it would show valid as long as the state has not received the letter so it would then fall under the $25.00 civil penalty.
Again it will depend on the officer, his level of knowledge and whether or not he's had his required dosage of caffeine for the day. |