Question on Florida concealed carry law

[phed]

When I took the firearm safety class to get my FL CCW, our instructor told us that one of the places where one could not carry a concealed weapon was in a hospital.

I have looked up the Florida statutes on firearms and CCW in particular and cannot find any mention of hospitals being prohibited CCW places.

Could anyone clarify this for me please?

 

[divemedic]

That is a common misconception. The rumor probably comes from:

394.458 Introduction or removal of certain articles unlawful; penalty.--

(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 therefrom, 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.

According to Jon Gutmacher, who wrote the book on Florida Firearms law, the exception lies in the phrase "Except as authorized by law," your CCW permit allows you to carry "by law" in all places not listed in 790.06(12), and "hospitals or mental health facilities" are not on that list.

 

[sig228]

One other thing....

That Jon Gutmacher says is that regardless of how the law reads, you probably don't want to be the "test case" that goes through the court system, so that we all can find out for sure....

but then again, someone's gotta take one for the team....so GO FOR IT Phed!!!!!

 

[Orange_Magnum]

Let's all, tomorrow, as a team, walk into the local mental ward and call out, "I'm armed! I feel fine! Wait, I don't need to see any doctor... Let go..."

 

[divemedic]

Even if the law is obviously on your side, you can still be arrested and have to spend money to defend yourself. I don't let it worry me. Sometimes I think gunowners as a group are paranoid.

 

[Nimble1]

All of the hospitals in this area (SW Fla) have "No weapons" signs posted. As stated, I do not want to be the test case.

 

[XDKingslayer]

All of the hospitals in this area (SW Fla) have "No weapons" signs posted. As stated, I do not want to be the test case.

And as we already know, those signs don't mean squat.

My wife carries every day into her hospital. She just doesn't seem to trust security's (AKA the 80 year old guy on the golf cart) capabilities, who are also unarmed.

 

[eric.cartman]

XDKingslayer +1
My wife works at Holy Cross in Ft. L. She carries in her purse which she locks up when at work (in her locker inside the hospital). On her way out, sometimes in the evening, she has to go through a 6 level garage. No way I would let her do that without a gun

P.S. She told me she has 3 or 4 firends there that do the same.

 

[Neocode]

I've carried into a hospital when my son was in for a broken arm. We got held overnight, and I had rushed in, so I wasn't concerned exactly with disarming, since he was my concern. Turned out ok. Now if I was going in for a procedure, I wouldn't carry inside... as I'd not have control of it during the procedure.