Transcript
Florida
Shall Issue Must Inform Officer by Law: NO (See Must Inform Section Below)
Links State CCW Site Pamphlet on How to Obtain A CCW CCW Application App. Instructions State FAQ Site State Statutes State Admin Rules State Reciprocity Info State Attorney General Secretary of State Last Updated: 5/31/13
Permits/Licenses This State Honors
Alabama Georgia Louisiana New Mexico Pennsylvania Virginia Alaska Iowa Michigan Nebraska South Carolina West Virginia Arizona Idaho Mississippi North Carolina South Dakota Wyoming Arkansas Indiana Missouri North Dakota Tennessee Colorado Kansas Montana Ohio Texas Delaware Kentucky New Hampshire Oklahoma Utah
Florida will only honor permits from residents of the states they honor. They will not honor a NonResident permit from any state they honor. (Must be 21 Years of Age)
How to Apply for A Permit
Obtain an Application for Concealed Weapon or Firearm License by filling out an online request form for applications or by contacting any of our offices. The application packet includes the form to be filled out, a copy of Chapter 790, Florida Statutes, a fingerprint card, and a return envelope for the completed application. The information provided below is an overview of the application process. Additional information is provided in the application instructions booklet included with your application.
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Read and study the copy of Chapter 790, Florida Statutes. Have a passport-style, color photograph made. Get verification of training that satisfies the training requirement. The application lists acceptable documents. Make a photocopy to send with the application as an original cannot be returned. Persons serving in the United States Armed Forces may submit a copy of their Military ID Card to satisfy the training requirement. Get certified copies of court documents relating to any criminal charges against you. Take the fingerprint card to a local law enforcement agency and ask to be fingerprinted. In addition to providing fingerprinting services for the traditional "hard-card" format, electronic 1
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fingerprint devices are available at almost all 67 county sheriff’s offices in the state. Visit the Electronic Fingerprints Information page to learn how Live Scan fingerprinting saves processing time. Complete the application. Either print clearly with ink or type the information. In the presence of a notary, sign application. Submit a check or money order for the license fee payable to the Florida Department of Agriculture and Consumer Services. This fee is not refundable. Assemble everything: Envelope Fee ($112.00) Photograph Fingerprint card or proof that your fingerprints were submitted electronically by the sheriff's office using Live Scan (along with proof that you paid the sheriff's office or the Florida Department of Law Enforcement for the service). Proof of training Certified court documents (if any) Application with notarized signature Mail to Florida Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 6687, Tallahassee, FL 32314.
790.062 Members and Veterans of United States Armed Forces; Exceptions From Licensure Provisions (1) Notwithstanding s. 790.06(2)(b), the Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm under s. 790.06 if the applicant is otherwise qualified and: (a) Is a service member, as defined in s. 250.01; or (b) Is a veteran of the United States Armed Forces who was discharged under honorable conditions. (2) The Department of Agriculture and Consumer Services shall accept fingerprints of an applicant under this section administered by any law enforcement agency, military provost, or other military unit charged with law enforcement duties or as otherwise provided for in 790.06(5)(c).
Note: Members of the Armed Forces or Veterans 18-20 can apply for a FL Permit/License.
Note to Service Members: (Received this from an NCO/NRA Instructor) I am NRA Instructor and handle a good volume of Florida applications. In regards to Military ID, it is better for them to submit a copy of their Basic Training Record (BTR) that shows their pistol qualification, along with the ID. They are having these guys and gals submit this stuff with the understanding they have proficiency training, and most do not. This can come up as an issue, as some of the people who process these things have different opinions on "equivalency". It's as easy as a military member logging on their government email, and pressing print. It’s a one page document showing their pistol qual. I highly recommend you edit this down to a sentence and enclose it in your PDF example "Military members are recommended to submit copy of pistol qual (BTR) with Copy Mil ID Card to satisfy training requirement." This will iron out any future problems they might encounter.
Note: FL will only issue you a Permit/License if you are living in the United States. Even US Citizens
living outside the USA will be denied. Military serving overseas can apply. Florida is also no longer putting your address on the Permit/Licenses they issue. www.handgunlaw.us 2
Non-Resident Permits
Non-Residents apply the same way as residents. Follow the instructions in the Resident permit section. Two items to pay special attention to. If it says Signature of FL Notary any Notary can sign there. It does not have to be a FL Notary. Non Residents must submit the paper Fingerprint Cards. A Law Enforcement Agency must take those prints for you. Your Local PD or Sheriff can do that for you. They may have a slight charge. Make sure on the back of the card where it states “Location” the Name and Address of the Agency taking the prints must be entered there. If this is left blank they will return it. Application Instructions ______________________________ For Those Moving into Florida: (3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by: (a) Registering to vote; (b) Making a statement of domicile pursuant to s. 222.17; or (c) Filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence. (4) This section applies only to nonresident concealed weapon or concealed firearm license holders from states that honor Florida concealed weapon or concealed firearm licenses.
Places Off-Limits Even With A Permit/License
790.06 (12) License to Carry Concealed Weapon or Firearm
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 area vocational-technical center;
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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 non-lethal 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
790.115 Possessing or Discharging Weapons or Firearms at a School-Sponsored Event or on School Property Prohibited; Penalties; Exceptions.— (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. 394.458 (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 there from, any of the following articles, which are hereby declared to be contraband for the purposes of this section: 1. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect; 2. Any controlled substance as defined in chapter 893; or 3. Any firearms or deadly weapon. (b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient of any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital. (2) A person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Florida Statute 823.05 defines a place of nuisance as a "place which tends to annoy the community or injure the health of the community...or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated."
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For Federal Restrictions on Firearms see the USA Page.
Do “No Gun Signs” Have the Force of Law?
“NO” “Handgunlaw.us highly recommends that you not enter a place that is posted "No Firearms" no matter what the state laws read/mean on signage. We recommend you print out the No Guns = No Money Cards and www.handgunlaw.us 4
give one to the owner of the establishment that has the signage." As responsible gun owners and upholders of the 2nd Amendment we should also honor the rights of property owners to control their own property even if we disagree with them.” “No Firearm” signs in Florida have no force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in a place not specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you refuse to leave then you are breaking the law and can be charged. Even if the property is not posted and you are asked to leave you must leave. Always be aware of the possibility that responding Police Officers who may have been called without your knowledge and may not know the laws on trespass etc. could arrest you even if you are within the law.
Parking Lot Storage Law
790.251 Protection of the Right To Keep and Bear Arms in Motor Vehicles for Self-Defense and Other Lawful Purposes; Prohibited Acts; Duty of Public and Private Employers; Immunity From Liability; Enforcement.-(1) Short Title.--This section may be cited as the "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008." (2) Definitions.--As used in this section, the term: (a) "Parking lot" means any property that is used for parking motor vehicles and is available to customers, employees, or invitees for temporary or long-term parking or storage of motor vehicles. (b) "Motor vehicle" means any automobile, truck, minivan, sports utility vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of this state and required to be registered under state law. (c) "Employee" means any person who possesses a valid license issued pursuant to s. 790.06 and: 1. Works for salary, wages, or other remuneration; 2. Is an independent contractor; or 3. Is a volunteer, intern, or other similar individual for an employer. (d) "Employer" means any business that is a sole proprietorship, partnership, corporation, limited liability company, professional association, cooperative, joint venture, trust, firm, institution, or association, or public sector entity, that has employees. (e) "Invitee" means any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer. As used in this section, the term "firearm" includes ammunition and accoutrements attendant to the lawful possession and use of a firearm. (3) Legislative Intent; Findings.--This act is intended to codify the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms, that they have a constitutional www.handgunlaw.us 5
right to possess and keep legally owned firearms within their motor vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee, or invitee of a business entity. It is the finding of the Legislature that a citizen's lawful possession, transportation, and secure keeping of firearms and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of selfdefense. The Legislature finds that protecting and preserving these rights is essential to the exercise of freedom and individual responsibility. The Legislature further finds that no citizen can or should be required to waive or abrogate his or her right to possess and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any employer or business establishment within the state, unless specifically required by state or federal law. (4) Prohibited Acts.--No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e): (a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area. (b) No public or private employer may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm inside or locked to a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, no public or private employer may take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes. A search of a private motor vehicle in the parking lot of a public or private employer to ascertain the presence of a firearm within the vehicle may only be conducted by on-duty law enforcement personnel, based upon due process and must comply with constitutional protections. (c) No public or private employer shall condition employment upon either: 1. The fact that an employee or prospective employee holds or does not hold a license issued pursuant to s. 790.06; or 2. Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes. (d) No public or private employer shall prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the employer's place of business because the customer's, employee's, or invitee's private motor vehicle contains a legal firearm being carried for lawful purposes, that is out of sight within the customer's, employee's, or invitee's private motor vehicle. (e) No public or private employer may terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee for exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes. This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of s. 790.33. www.handgunlaw.us 6
(5) Duty of Care of Public and Private Employers; Immunity From Liability.-(a) When subject to the provisions of subsection (4), a public or private employer has no duty of care related to the actions prohibited under such subsection. (b) A public or private employer is not liable in a civil action based on actions or inactions taken in compliance with this section. The immunity provided in this subsection does not apply to civil actions based on actions or inactions of public or private employers that are unrelated to compliance with this section. (c) Nothing contained in this section shall be interpreted to expand any existing duty, or create any additional duty, on the part of a public or private employer, property owner, or property owner's agent. (6) Enforcement.--The Attorney General shall enforce the protections of this act on behalf of any customer, employee, or invitee aggrieved under this act. If there is reasonable cause to believe that the aggrieved person's rights under this act have been violated by a public or private employer, the Attorney General shall commence a civil or administrative action for damages, injunctive relief and civil penalties, and such other relief as may be appropriate under the provisions of s. 760.51, or may negotiate a settlement with any employer on behalf of any person aggrieved under the act. However, nothing in this act shall prohibit the right of a person aggrieved under this act to bring a civil action for violation of rights protected under the act. In any successful action brought by a customer, employee, or invitee aggrieved under this act, the court shall award all reasonable personal costs and losses suffered by the aggrieved person as a result of the violation of rights under this act. In any action brought pursuant to this act, the court shall award all court costs and attorney's fees to the prevailing party. (7) Exceptions.--The prohibitions in subsection (4) do not apply to: (a) Any school property as defined and regulated under s. 790.115. (b) Any correctional institution regulated under s. 944.47 or chapter 957. (c) Any property where a nuclear-powered electricity generation facility is located. (d) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which are conducted substantial activities involving national defense, aerospace, or homeland security. (e) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law, or property owned or leased by an employer who has obtained a permit required under 18 U.S.C. s. 842 to engage in the business of importing, manufacturing, or dealing in explosive materials on such property. (f) A motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer. (g) Any other property owned or leased by a public or private employer or the landlord of a public or private employer upon which possession of a firearm or other legal product by a customer, employee, www.handgunlaw.us 7
or invitee is prohibited pursuant to any federal law, contract with a federal government entity, or general law of this state. 790.115 Possessing or Discharging Weapons or Firearms at a School-Sponsored Event or on School Property Prohibited; Penalties; Exceptions.— (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.
Must Inform Officer Immediately on Contact By Law?
“NO” 790.06 …. 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.
Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas
Carry Allowed in these Areas: State Parks: YES State/National Forests: WMA’s: YES YES Road Side Rest Areas: St Park Rules YES
RV/Car Carry Without A Permit/License
790.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons (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 selfdefense 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. www.handgunlaw.us 8
790.001 Definitions.-- As Used in This Chapter, Except Where the Context Otherwise Requires: (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.
Open Carry (Without A Valid Permit/License)
Open carry is not legal in Florida. 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. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense. (2) A person may openly carry, for purposes of lawful self-defense: (a) A self-defense chemical spray. (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that 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. History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145. See 790.25 for some instances when Open Carry may be legal.
State Preemption
790.33 Field of Regulation of Firearms and Ammunition Preempted.
(1) Preemption.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void. (2) Policy and Intent.—
(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. (b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority. (3) Prohibitions; Penalties.— 9
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(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein. (b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel. (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred. (d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section. (e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor. (f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit: 1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and 2. The actual damages incurred, but not more than $100,000. Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed. (4) Exceptions.—This Section Does Not Prohibit: (a) Zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited; (b) A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties; (c) Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee’s official duties; (d) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or www.handgunlaw.us 10
(e) The Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission. (5) Short Title.—As created by chapter 87-23, Laws of Florida, this section may be cited as the “Joe Carlucci Uniform Firearms Act.” History.—ss. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183; s. 1, ch. 2011-109.
Deadly Force Laws
Chapter 776 Justifiable Use of Force 776.012 Use of force in defense of person. 776.031 Use of force in defense of others. 776.041 Use of force by aggressor. 776.05 Law enforcement officers; use of force in making an arrest. 776.051 Use of force in resisting or making an arrest; prohibition. 776.06 Deadly force. 776.07 Use of force to prevent escape. 776.08 Forcible felony. 776.085 Defense to civil action for damages; party convicted of forcible or attempted forcible felony.
Knife Laws State/Cities
To access State/Local Knife Laws Click “Here”
Carry in Restaurants That Serve Alcohol
YES 790.06 (12)
Note: A “YES” above means you can carry into places like described below. “NO” means you can’t.
Handgunlaw.us definition of “Restaurant Carry” is carry in a restaurant that serves alcohol. Places like Friday’s. Chili’s or Red Lobster. This may or may not mean the bar or the bar area of a restaurant. But you can carry your firearm into a restaurant that serves alcohol and sit and eat without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us believes you should never consume alcohol when carrying your firearm. In some states it is illegal to take even one drink while carrying a firearm. If you want further info on carrying in places that serve alcohol check your state laws.
Chemical Sprays/Stun Gun/Higher Capacity Magazine Laws
Stun Guns/Electric Weapons: 790.001 (4)(b) Definitions. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. (Note: Non Lethal is the word that makes this law) 790.001 (3)(b) Definitions. (b) "Tear gas gun" or "chemical weapon or device" means any weapon of such nature, except a device known as a "self-defense chemical spray." "Self-defense chemical spray" means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical. www.handgunlaw.us 11
790.01 Carrying Concealed Weapons. (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 dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
LEOSA State Information
AG Legal Opinion on LEOSA for FL Officers Qualification Standards for LEOSA Office Of General Counsel LEOSA Information
Attorney General Opinions/Court Cases
FL AG Legal Opinion on Preemption
Airport Carry/Misc. Information
Airport Carry: Not inside the passenger terminal and sterile area 790.06 (12) No time limit. Upon obtaining a FL Drivers License/ID 21 (18 If Member of Armed Services or a Veteran)
Training Valid for:
Time Period to Establish Residency: Minimum Age for Permit/License:
Permit/License Info Public Information: NO State Reciprocity/How They Honor Other States Statute: State Fire arm Laws: XLVI-790.001 thru .336 XLVI-776.12 thru .085 790.015
State Deadly Force Laws: State Knife Laws:
XLVI-790-06 & 18 & 115 & 225 XLVI-790.01
Chemical/Electric Weapons Laws: Body Armor Laws: 775.0846
Does Your Permit Cover Other Weapons Besides Firearms? YES Is carrying of a Concealed Firearm with Permit/License for Defensive Purposes Only While Hunting Legal?
790.06
YES 790.25 (3)
Notes
What Does FL Consider A Loaded Firearm? Florida law does not define Loaded. Its firearm laws are full of the word Loaded or Unloaded but does not give a definition. www.handgunlaw.us 12
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:
Note: Click on Link to read all of 790.25.
State Emergency Powers Title XLVI Chapter 870 Affrays; Riots; Routs; Unlawful Assemblies 870.044 Automatic Emergency Measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction: (1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description. (2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description. (3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty. Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act. History.—ss. 4, 5, ch. 70-990; s. 1401, ch. 97-102; s. 2, ch. 2006-100. 252.36 Emergency Management Powers of the Governor.— (Edited for Length) (h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. However, nothing contained in ss. 252.31-252.90 shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in the commission of a criminal act.
Note: Federal Law can apply if the state is receiving monetary and/or other assistance from the Federal
Government. See US Code 42-5207 for Federal Law as it applies to States of Emergencies. The state quoted code may also not be all of the law on Emergency Powers held by the state. You should read the entire code on Emergency Powers etc for this state by following the link to the state code.
Note: From an Attorney in Florida:
The power of the Governor to act in emergencies is pursuant to Florida Statutes 14.021 and 252.36. In these situations the Governor issues a "proclamation" as to what the emergenc y is, and what measures he’s authorized to deal with it. Each proclamation is individual in its scope, and must be read to determine what is prohibited or restricted. Whereas, a "declared emergency" by local authorities is very different, and falls under Florida Statute 870.044. That statute says you can’t have a firearm in a public place during the emergency – no matter what. It’s not dependent on any "proclamation". So -- next time a hurricane is about to strike -- you'll have to read the proclamation to find out what is or is not prohibited. I know that may cause some problems of practicality -- but that's the way it is. Minimum Age for Possessing and Transporting of Handguns. Florida 18 Y/O 790.17
See “RV/Car Carry” Section Above for more information. www.handgunlaw.us 13
Permit/License Image
The FL Resident & Non-Resident Licenses look exactly the same. FL no longer puts an address on their issued Licenses to Carry.
Updates to this Page
1/1/11 – IA and FL Now Honor Each Others Permit/License. Notes Section Added. Permit/License Image Added. 3/14/11 – Note about Military and their training requirements. 4/5/11 – Law links Repaired. 4/8/11 – LEOSA Link Repaired. 4/17/11 – Information about carrying while hunting added. 8/5/11 – FL No longer putting address on Licenses to Carry. 9/9/11 – All Links Checked and Repaired if Needed. 9/30/11 – Time period to establish Residency Added. Note on Residency in USA and Address on License Added. 11/18/11 – Preemption Section, Updated with New Law. Note Section, Places Off Limits updated with link to 790.25 and Carry in Vehicles on School Property. 2/16/12 – Must be 21 to Carry in Florida. 3/2/12 - Outdated LEOSA Link Removed. All Links Checked. 3/9/12 - Emergency Powers Law added to Notes Section. 3/20/12 – Veterans can apply if 18-20 Y/O info added to How to Apply Section. 3/23/12 – New Mexico Has Dropped Florida so Florida Will No Longer Honor New Mexico. 5/5/12 – New Mexico Has Added FL back on the list of states it Honors but FL has not added New Mexico Back on its List. 5/11/12 – Florida now honors New Mexico Again. 8/10/12 – Non Resident Permit Section Updated. All Links Checked. 10/26/12 - Minimum Age for Possessing/Transporting a Handgun Added to Notes Section. 11/30/12 - Non Resident Permit Section Updated With Info When Moving Into Florida. 1/2/13 – Link to Pamphlet on How to Obtain a CCW Added. LEOSA Link Added. All Links Checked. 2/9/13 – PA Will Only Honor the FL Resident Permit. See PA Page for More Details. 4/22/13 – Alpha/Numeric Statute Code for Reciprocity/How St Honors Another State Added to Misc Section. 4/29/13 – Washington no Honors Florida. Map Updated. Fl No Longer Honors Washington. 5/31/13 – Open Carry Section Added.
www.handgunlaw.us
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