Florida CCW Violations

[rickstalanos]

Hoping someone here may be able to point me in the right direction ... as a fairly recent CCW permitee, I wanted to make sure I had a good grasp on the laws that impact me ... I've tried reading through all the Florida statutes I can, but I was not able to find the info I need.

SO, anyone have an idea where I can read (in plain english) what would violate my right to my CCW and result in either suspension or permanent removal?

(For the state of FL ... know it says it in the title, but doesn't hurt to add it in here ... )


Thanks all!

RS

 

[cbrgator]

http://licgweb.doacs.state.fl.us/weapons/eligible.html

 

[dprice3844444]

and walking into a federal office building with a gun.the morons put the warning signs inside the buildings after the security check points.social security also

 

[dprice3844444]

http://www.flsenate.gov/Laws/Statutes/2010/Chapter790 here ya go,read this

 

[Impureclient]

I believe you won't get an answer here. It seems nobody wants to break it down into laymen terms so we understand the laws fully.
If you ever find the source for it please report back here with your findings. All that is needed is for somebody to decipher each of the
chapter 790 statutes but apparently that is asking for too much. If it wasn't for their "smart" wording in the statutes we'd have practically
no use for any lawyer.

 

[orionengnr]

from here:

http://handgunlaw.us/

Pick your state.

http://handgunlaw.us/states/florida.pdf

Eleven pages of Florida-specific info, including several on prohibited places.

I am no longer a Florida resident (left in '81) but here in TX our CHL class was prettty comprehensive on where one could and could not carry and other legal aspects of carrying concealed. The handbook we used was 74 pages--lots of info.

Is the Florida class somewhat less informative? It may vary from one instructor to the next.

I also recall seeing a State of Florida webpage with a bunch of crime statistics comparing CCW holders vs non-CCW holders. Results were predictable.

Was there a specific bit of info you are looking for? Your question probably covers quite a bit of ground, and there is likely no "quick, easy answer" to it.

Hope this helps.

 

[cbrgator]

The link I provided uses pretty basic language. It even has bullet points. That should be pretty easy to understand.

 

[oneounceload]

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;
www.handgunlaw.us 3
 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;
 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

From the link above.............yes, we live in FloriDUH and we did just let a murdering mom go free, but the above should be fairly comprehensive - not a whole lot different from many states

 

[zoom6zoom]

Florida requires you to take a training class for your permit, correct? Your instructor should have covered all of that. Ask for a refund.

 

[gatorjames85]

In Florida, you don't have to take a ccw-specific class. I qualified with my hunter safety class and that definitely didn't cover prohibited places.

 

[MedWheeler]

To risk having your license suspended or revoked, carry into one of the prohibited places already spelled out for you, or enter into one of these categories of ineligibility:

Possible Reasons for Ineligibility:

o The physical inability to handle a firearm safely.
o A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
o Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
o A conviction for a misdemeanor crime of violence in the last three years.
o A conviction for violation of controlled substance laws or multiple arrests for such offenses.
o A record of drug or alcohol abuse.
o Two or more DUI convictions within the previous three years.
o Being committed to a mental institution or adjudged incompetent or mentally defective.
o Failing to provide proof of proficiency with a firearm.
o Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
o Renouncement of U.S. citizenship.
o A dishonorable discharge from the armed forces.
o Being a fugitive from justice.

 

[slydel0kt]

http://www.floridafirearmslaw.com/Jon-H-Gutmacher-Esq-Attorney-Profile.html

dan

 

[bcp280z]

Where abouts are ya?

I recently got mine as well, a little over a year ago, I'll help break it down some, no schools, courthouses, bars, places that mainly serve alcohol, clubs, jails, police stations, airports, basic stuff and you should be good. When/if you go out partying don't bring it or don't wear it on your drive home.

It's cool to ride with multiple loaded guns in car, just be polite and inform the officer if you're in a traffic stop, I don't think it's required but I've always been thanked and treated well since I've been pulled over. Hopefully you know hands on steering wheel with DL,CCW,insurance in between fingers.

Not much else on top of my head, I believe it's fine in restaurants that serve beer, not sure if it matters if I have a couple with my dinner, just keep a level head and exercise self control, the signs on some shops don't matter/ain't Federal, so they don't apply, it just depends on your mindset/courtesy, if you do it at work, don't ask, don't tell, keep it concealed.

 

[mp510]

Is the Florida class somewhat less informative? It may vary from one instructor to the next.

Unlike TX, which has a state mandated curriculum, Florida allows a wide variety of safety courses with the emphasis being on safe firearms handling (they accept, for example, DD-214s, hunter safety certificates, ANY NRA safety course, and other approved safety courses [the instructor is required to wittness the student safely discharge a firearm].

 

[brickeyee]

Buy a copy of "The Florida Gun Owner's Guide"


http://www.amazon.com/Florida-Gun-Owners-Guide-Guides/dp/1889632007

Statute law is NOT the only law.

Case (common) law is still there and not present in a simple reading of the statute law.

 

[MedWheeler]

[the instructor is required to wittness the student safely discharge a firearm].

Unless this has been very recently changed, it is not true in Florida. I have seen gun show courses in which the "student" does not have the opportunity to fire a weapon. In other classes, AirSoft or other air guns are used. I've never actually taken one of these, as I got mine based on my LE background, but I believe they're more about the safety rules, and a little on the legalities, and less about seeing if one can fire a gun without falling over backwards.
I'll start a new thread, so as not to hijack this one, and ask about Florida licensees' experiences getting "signed off".

Edit: As I started the new thread (in General handgun), I remembered that I did take one, though I had LE experience. Mine was through a private instructor, a retired Army major, and fifty wounds were involved. I took it for my "G" license, as I was thinking about becoming an armed guard, and I didn't know at the time my LE card would have sufficed. I think the course was 16 hours long (two weekend days.) Most of the others in the class were going for CCW/F licenses.

 

[mp510]

Unless this has been very recently changed, it is not true in Florida. I have seen gun show courses in which the "student" does not have the opportunity to fire a weapon. In other classes, AirSoft or other air guns are used. I've never actually taken one of these, as I got mine based on my LE background, but I believe they're more about the safety rules, and a little on the legalities, and less about seeing if one can fire a gun without falling over backwards.
I'll start a new thread, so as not to hijack this one, and ask about Florida licensees' experiences getting "signed off".

Edit: As I started the new thread (in General handgun), I remembered that I did take one, though I had LE experience. Mine was through a private instructor, a retired Army major, and fifty wounds were involved. I took it for my "G" license, as I was thinking about becoming an armed guard, and I didn't know at the time my LE card would have sufficed. I think the course was 16 hours long (two weekend days.) Most of the others in the class were going for CCW/F licenses.

790.06(h)(7)

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;

 

[chrt396]

In Florida, you don't have to take a ccw-specific class. I qualified with my hunter safety class and that definitely didn't cover prohibited places.

That's NOT a good idea however! The Hunters safety course teaches absolutely NOTHING about laws in the case of concealed carry. I see the exemption..but whoever should decide to acquire a CCW SHOULD take a class. If the instructor is worth anything, there is a lot of good, pertinent info in that class.

"I WAS IN FEAR FOR MY LIFE!!!"

 

[mp510]

That's NOT a good idea however! The Hunters safety course teaches absolutely NOTHING about laws in the case of concealed carry. I see the exemption..but whoever should decide to acquire a CCW SHOULD take a class. If the instructor is worth anything, there is a lot of good, pertinent info in that class.

Florida's training requirement, right or wrong, was written with the intention of ensuring that the applicant has some basic (but formal) knowledge and familiarity with the basic principles of firearm safety.

 

[chrt396]

I agree. The law is the law! I just think however.. that a CCW class is more directed at issues, (laws & situations), that confront the CCW holder while carrying. Ya know...I've been in my business for over 30 years..so you would think I know more than just a litle bit about what I do. However...one specialized class in my field may offer only 1 tidbit of info that I didn't know..but that 1 tidbit could make a world of difference in the way I perform.

 

[brickeyee]

that a CCW class is more directed at issues, (laws & situations)

And the legal advice is rarely useful.

Virginian has a similar (and possibly even lower) 'training' requirement.

Lack of 'training' was used by a number of Virginia jurisdictions under 'may issue' to deny all permits.
Under 'shall issue' the law defines the requirements to prevent meddling by the localities.

Even an attorney, addressing an actual training class, is not going to be held responsible for the 'advice' given.

You paid him personally for what? Nothing.

His liability? Nothing.

 

[Evergreen]

Oregon has the best CCW laws as far as I can tell. You can carry into a bar and even drink , as long as you are not intoxicated. Also, you can carry onto schools (excluding colleges) if you have a CCW. I just think it is a bunch of bullcrap that you are not allowed to carry your gun anywhere you please. IMO, most gun laws only protect criminals, not law abiding citizens. LIke a homicidal maniac or raging criminal is really going to be deterred because the law forbids him from bringing his gun to a school or bar.

I am not against laws where it is illegal for someone to carry a weapon when intoxicated. Same goes for operating a vehicle. On this note, I think Oregon got it right. If you are legally intoxicated, then you shouldn't be trusted with any device capable of killing people. But, to take away a person's constitutional rights because they wanted a glass of wine with their wife at dinner is totally ludicrous and just another excuse for the gun grabbers to disarm us. Cell phones in vehicles have killed more people in Oregon then CCW holders in bars, yet all states allow people to bring their cell phones with them into a car.

Be careful about drinking in most states with a CCW. Despite what some say, I have read that having any amount of alcohol in your body in some states while carrying a weapon will result in an automatic suspension of your CCW rights and even possible jail time. I've been told states like North Carolina and other so-called gun friendly states are strict about enforcing these rules.

On another note, Oregon CCW is not recognized anywhere hardly, so I will be getting a Utah/Florida non-resident permit so I can have the ability to carry when I travel around the country.

 

[ProShooter]

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;

I cannot even begin to tell you how many instructors I have come across in the past few weeks who are not making students do the live fire requirement.

 

[gibson_es]

Glad i found this thread. I have read many of the laws on here over and over again already. But theres two things im not perfectly clear on yet. I dont have my cwl yet, still working on it.

1. In reference to beingbin a place with drinking. There are plenty of places that have drinking, hard liquer, full liquer bars. Thats are restraunts.

For example:
Hooters
BWW
Barnicles
Applebee's
Chili's
Cheesecake factory


Infact. Our hard pressed to find one not like this...

I assume these are primarily restraunts, dispite the full bar. Therefore you can carry correct?

Assuming your smart/resposible, if you have, say, 2 beers... Maybe 3 if you are shooting the **** with friends at the table and have been there a while. Thisbis sill ok right?

Im looking for more of a technicallity.


And..

2. Conceal carry is just that. The idea is nobody knowsbyou have it. But, say your boss actually askes, or maybe someone comes in and robs your place of business with a weapon and you take action... Or any other reason you can come up with, resulting in your boss findingbout you carry to work (assuming you dont work for the county, ect. Were its illegal) can he legally fire you for carrying? Or fire ou if he askes you not to, and you do it anyway?

 

[Rail Driver]

In Florida, you don't have to take a ccw-specific class. I qualified with my hunter safety class and that definitely didn't cover prohibited places.

This is true, HOWEVER... When you receive your permit in the mail, there's a little yellow folded pamphlet that outlines where you cannot carry, and explains section 790 as pertains to the carry of a concealed weapon. If you read all the documentation that came in the envelope with the all important plastic card, you'd have answered your own question

Also, do not carry into a bar (or into the full bar area of a restaurant such as hooters etc) and do NOT drink even one beer while carrying. If you end up needing to use the firearm while out in public, you do NOT want alcohol on your breath.

Florida is an At Will employment state. Your boss can fire you for any reason or no reason.