Florida concealed carry laws

[Flechette]

Hey guys. I am planning on traveling to Miami in January and wanted to know what laws might affect my concealed carry options.

Does Florida respect other states' CCW permits (I am in Wyoming and have a permit).

Does Florida have any magazine capacity restrictions?

I did a search on this site for such information and only came up with a thread where a Florida Sheriff was threatening to kill CCW holders...

 

[malakili]

Wyoming permit is good to go in florida. Source: fl dept of agriculture website.

Also, no restrictions on capacity, caliber, or amount of pistols you would like to carry. Just keep them concealed.

 

[Water-Man]

http://www.handgunlaw.us/

This will help.

 

[Red Wind]

I did a search on this site for such information and only came up with a thread where a Florida Sheriff was threatening to kill CCW holders...

That Pinellas County Sheriff is an anomaly and perhaps a bit off balanced!
As Malakili said, keep your gun concealed on your person or in the glove box or console or even a box with a lid, like a hat box.

Read up on Water-Man's excellent link and enjoy yourself in the Sunshine State.
Remember, no Open Carry yet except under a few conditions. Camping, hunting, fishing.

 

[Zardaia]

Few things often brought up:
No "duty to inform" if pulled over
Signs carry no weight of law, unless the place is off limits by law anyway in which case it's basically just notice/reminder anyway
Covered under the US handgun law link if you read thoroughly, but our "bar carry" is a screwey gray area. General consensous seems to be if it's a bar-bar,don't carry, but a restraunt that serves alcohol's OK just stay away from the bar area
The limited OC exemptions can be a try yer luck kinda thing depending on local LEO, may be in the right but still get hasseled to varying degrees

 

[flphotog]

I live in Pinellas and the Sheriff is an idiot, even his own deputies can't stand him so don't worry about the garbage coming out of his mouth.

 

[25-5]

"Traveler's Guide to the Firearm Laws of the Fifty States" by J. Scott Kappas.
Available at the NRA Store.
Real handy for traveling through the different states.
FL does require that your CC is from the state in which you reside.

 

[the Real Alpo]

Few things often brought up:
No "duty to inform" if pulled over
Signs carry no weight of law, unless the place is off limits by law anyway in which case it's basically just notice/reminder anyway
Covered under the US handgun law link if you read thoroughly, but our "bar carry" is a screwey gray area. General consensous seems to be if it's a bar-bar,don't carry, but a restraunt that serves alcohol's OK just stay away from the bar area
The limited OC exemptions can be a try yer luck kinda thing depending on local LEO, may be in the right but still get hasseled to varying degrees

Several years ago. My daughter had just introduced me to her boyfriend, and we were all going out to dinner. We were waiting for a table at Olive Garden, and he suggested we wait in the bar.

I said, "I can't go in the bar."

He says, "What you mean, you can't go in the bar?"

I said, "I can't go in the bar."

He says (slightly louder - as he keeps asking his volume is going up), "Why can't you go in the bar??"

I said, "Shhh, I can't go in the bar."

The little lightbulb finally flashes over my daughter's head, and she smiles and says, "Yeah, he can't go in the bar".

Now he's LOUD. "WHAT HAVE YOU DONE THAT THEY WON'T LET YOU IN THE BAR?????"

I said, "Shut the hell up. You can't carry a gun in a bar in Florida."

"YOU'RE CARRYING A GUN?!?!?!?!?!?!?!"

I said, "A little louder. I don't think they heard you in the kitchen.":banghead:

 

[kBob]

Got you beat!

I was a guest at an annual Academics for the Second Amendment Conference in Orlando years back and after a session on local gun clubs and RKBA politics the group retired to the hotel eatery.

I took one look at the place and saw it was basically all bar except a small number of tables between the bar area and hotel proper. I asked the waitress
if the inner area were dedicated mainly to the purpose of serving alcoholic beverages and she immediately perked up and after a brief once over looked me in the eye with a smile and a cheery "I am sorry sir, I would have to seat you out here."

Several of the Academics were surprised that she was practicing some sort of segregation with me and began to make a fuss.....until my Florida based host quietly explained that neither he or I could enter and area primarily devoted to serving alcohol because we were carrying. Would you believe even these "good guys" sort of freaked? Very soon we were back in the Conference room and the Academics were getting an education.

-kBob

 

[kBob]

Oh one more thing you should know about Florida.

Most of our LE organizations have jumped into the 21 century and the cars have computers that talk to LE Nets.

The last time I was stopped for speeding, in a small rural town yet, the officer politely asked me if I was making use of my CWL at that moment. At that point I needed to answer truthfully, though I had no duty to inform if he had not asked. We had a nice talk actually, in which he asked what I was carrying and how and about whether carrying a .32 ACP was worthwhile as he wrote me a painful ticket.

Not all Florida LEOs are gun friendly however.

The wife got stopped one AM and could not find her registration and insurance card (they were in folder she had and she had not recognized them), with the Deputy standing at the car window she explained that they might be in the locked glove box and that there was also a gun in that locked glove box (two goodies there closed and locked) and in a snapped holster (make it three) and that she had a CWL (and ball four walk to first!). He became agitated and rested his firing hand on the butt of his big old semi auto. He instructed her to open the glove box slowly (right there in front of my daughter's lap) but not reach in or other wise touch the gun. He looked in and could see the holstered gun and instructed her to reach in LEFT HANDED and pull the gun out with a finger and a thumb.

I guess he failed to take the likely meaning of a left handed holster into account. The wife wishing to avoid any sort of confusion explained she was left handed. Eventually she handed the gun to the deputy who then asked her how to unloaded it AND THEN TOOK IT BACK TO HIS CAR AND RAN THE NUMBERS "JUST IN CASE IT WAS STOLEN" Please excuse my internet yelling but it ticked me off.

He also gave her a ticket.

So be aware of your "rights" under Florida law, but be patient with those in authority who might not understand your rights or limits on their authority.

-kBob

 

[PapaG]

Funny to see this. I just today got my notice from Florida dept of agriculture to renew my Florida permit (I'm in Il). Looked it over and found that they recognize a CCW from any state that issues it to a resident of that state. So, it looks like my IL ccw is good in Fl.
Would save me the $65 renewal, the fingerprint processing fee of $45, and another fee I forgot for now.

 

[oneounceload]

General consensous seems to be if it's a bar-bar,don't carry, but a restraunt that serves alcohol's OK just stay away from the bar area

NO carry in a bar-bar; if you go to Chili's or Applebee's or similar do not sit in the bar. If you want to imbibe, go ahead

 

[the Real Alpo]

> found that they recognize a CCW from any state that issues it to a resident of that state.<

PapaG, Florida recognizes any permit from any state that recognizes Florida's.

These states recognize Illinois permit.
Alabama, Alaska, Arizona, Arkansas, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Utah, Vermont, Wisconsin

These states do not.
California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Louisiana, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, New York City, North Dakota, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, Virgin Islands, Virginia, Washington, West Virginia, Wyoming, American Samoa, N. Mariana Islands

We don't recognize yours, because Illinois don't recognize Florida's.

http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html

 

[MedWheeler]

Zardaia writes:

Signs carry no weight of law, unless the place is off limits by law anyway in which case it's basically just notice/reminder anyway.

Technically, not true. The license to carry in Florida is a license to "break" an otherwise-existing law against carry. Since "prohibited places" are excepted from the license's authorization, carrying in them is just as "against the law" as is unlicensed carry, which is a felony in this state.

Now, that being said, it is probably more of a "reminder/notice" situation in practice most of the time.

Oh, and there are more Florida sheriff's advising (even requesting) people to lawfully arm up than there are threatening to shoot them for doing so.

 

[the Real Alpo]

You have a little incorrect information, there.

http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0790/Sections/0790.01.html

790.01 Unlicensed carrying of concealed weapons or concealed firearms.—
(1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and 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.

As you can see, "carrying a gun" is not illegal. "Carrying a gun without a license" is illegal. So the license is not allowing you to break the law against carrying - there is no law against carrying.

And carrying without a license is a first-degree misdemeanor - not a felony.

Also, I read his comment about "Signs carry no weight of law, unless the place is off limits by law anyway in which case it's basically just notice/reminder anyway" to mean that a sign at a off-limits place was to kinda get your attention - HEY, DUFUS. YOU CAN'T CARRY IN THE COURTHOUSE. Because whether there is a sign at the courthouse, or City Hall, or Tampa Bay Stadium, if you carry there, and they catch you, you get arrested.

 

[oneounceload]

And the license in FL is not a concealed handgun license, it is a concealed WEAPONS license so brass knuckles, spray, knives, etc. are also covered under the permit.

 

[MedWheeler]

The Real Alpo..

You have a little incomplete information there.

Perhaps you should have read the very next section. I'll save you the trouble of seeking it out; it's below.

(2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and 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.

That's "felony", with an "F", and comes complete with all the perks, such as loss of future firearms rights. Let's not misinform anyone on that.

 

[the Real Alpo]

Yep. You're right. Mea culpa.

 

[MedWheeler]

No problem. Florida is one of only a handful of otherwise "pretty-gun-friendly" states that makes unlicensed carry a felony rather than a misdemeanor.

 

[BLB68]

Forgive me for going a little off topic, but there's something that's been bugging me for a while, and this seems to be a better place to ask rather than starting a new thread.

I'm originally from Florida. Mostly grew up there, and moved away when I went into the Army in '86. Growing up, I always thought open carry was legal, and I remember seeing an odd neighbor or two with a pistol on his hip. Currently, FL has concealed carry but no open carry. Was there ever legal open carry outside of hunting and outdoor recreational activities, or is my memory messing with me?

 

[george burns]

It is legal to carry a gun openly on your own property or in your home. It is just an extension of your home. You can walk along your property all day long with a gun on your hip if you care to do so, or wear one in your business.
Just as soon as you step off your private property you better conceal it , assuming you have a permit", or put it in the car inside the console or in the holster, out of plain sight.
Your neighbor was just exercising his right to carry.

 

[the Real Alpo]

From after the War, until Ron Johnson changed the law ('86?), you could not carry without a permit (unless "hunting, fishing, camping, target shooting, or going to and from"). Law did not say anything about "open or concealed", it just said "carry".

So the old law allowed open or concealed carry, as long as you had a permit. Which cost 125 dollars, was only good for one year, was only good in your home county, and for which you had to prove a "need" to get.

While I wish we still had open carry, the current law is waaay better than it used to be.

 

[ljnowell]

Zardaia writes:









Technically, not true. The license to carry in Florida is a license to "break" an otherwise-existing law against carry. Since "prohibited places" are excepted from the license's authorization, carrying in them is just as "against the law" as is unlicensed carry, which is a felony in this state.



Now, that being said, it is probably more of a "reminder/notice" situation in practice most of the time.



Oh, and there are more Florida sheriff's advising (even requesting) people to lawfully arm up than there are threatening to shoot them for doing so.

That's typical in most places. If there were no law against it there would be no need for a law allowing it.

 

[ChuteTheMall]

Funny to see this. I just today got my notice from Florida dept of agriculture to renew my Florida permit (I'm in Il). Looked it over and found that they recognize a CCW from any state that issues it to a resident of that state. So, it looks like my IL ccw is good in Fl.
Would save me the $65 renewal, the fingerprint processing fee of $45, and another fee I forgot for now.

If that is a Florida non-resident permit, go ahead and renew it if you plan to carry in Florida again.

FL and IL don't reciprocate, and the only non-resident permit good in FL is issued by FL.

 

[Flechette]

Thanks!