Florida Firearms Laws

[jsrocket]

I was reading the thread here
about the legality in Florida of carrying a legal concealed weapon to a herp show, and thought it was interesting.

Figured I'd open a thread here, if anyone wants to continue the discussion.

Notice that the courthouse guy didn't say it was illegal. He said, he was advised by the attorneys TO TELL you "no".

 

[Wolfy-hound]

You must have a permit to carry a concealed weapon in Florida. That's the law. IF the building says "No weapons permitted inside" then even IF you have a permit, you cannot carry it into the building.
We had this issue at a public building we have meetings in. This is what we found.
Hope it helps.
Wolfy

 

[DThomas]

You must have a permit to carry a concealed weapon in Florida. That's the law. IF the building says "No weapons permitted inside" then even IF you have a permit, you cannot carry it into the building.
We had this issue at a public building we have meetings in. This is what we found.
Hope it helps.
Wolfy

That is the same here in AZ. The property owner has the last say. You can be arrested irregardless if you have a permit or not.

 

[Suncoast Herpetological]

You must have a permit to carry a concealed weapon in Florida. That's the law. IF the building says "No weapons permitted inside" then even IF you have a permit, you cannot carry it into the building.
We had this issue at a public building we have meetings in. This is what we found.
Hope it helps.
Wolfy

Absolutely correct Teresa. But the property does have to be posted.

 

[jsrocket]

Well, it seems we got to the bottom of that issue pretty quickly.

 

[varnyard]

Possession Restrictions
The following is a list of places where you are restricted from carrying a weapon or firearm even if you have a license. Please note that this is a simplified list. The places marked by an asterisk (*) may have exceptions or additional restrictions. See Section 790.06 (12), Florida Statutes for a complete listing.

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*
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*
any elementary or secondary school facility
any area technical center
any college or university facility*
inside the passenger terminal and sterile area of any airport*
any place where the carrying of firearms is prohibited by federal law

This is the list.

 

[Ken Harbart]

Actually, the information posted is incorrect...

In FL, signs do not carry statutory force of law as they do in a few other states, and it is not a criminal offense to disregard them. If a person were to be "made" in a posted building, the most that could initially be done is request that they leave the premises as no crime has yet been committed. A smart individual would quickly honor that request, as refusing to do so would be armed trespass rather than just trespass in a structure or conveyance. In short, refusing to leave if asked would be a felony rather than a misdemeanor.

Then again, if you are properly concealing, this is a non-issue.

 

[varnyard]

No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into 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 career 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 nonlethal 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. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

 

[varnyard]

Actually, the information posted is incorrect...

In FL, signs do not carry statutory force of law as they do in a few other states, and it is not a criminal offense to disregard them. If a person were to be "made" in a posted building, the most that could initially be done is request that they leave the premises as no crime has yet been committed. A smart individual would quickly honor that request, as refusing to do so would be armed trespass rather than just trespass in a structure or conveyance. In short, refusing to leave if asked would be a felony rather than a misdemeanor.

Then again, if you are properly concealing, this is a non-issue.

True Ken, that is why I posted the whole law here.

 

[varnyard]

Since this was a question before I decided to clear this up as well.

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

 

[jsrocket]

Since this was a question before I decided to clear this up as well.

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

I would take that to mean that, if for example, you were at a Holiday Inn, it would not be illegal to carry in the hotel, just the bar.

 

[Ken Harbart]

I'd like to clarify a few items from the no carry list that Bobby posted, as the language on the Division of Licensing page, and even sometimes in FS 790.06 can throw people for a loop...

any school, college, or professional athletic event not related to firearms

Not a biggie, but just remember that NASCAR is considered a pro sporting event. Likewise, if you opt to visit the World of the pocket-picking mouse, steer clear of the Wide World of Sports complex or leave it in the hotel.

any portion of an establishment licensed to dispense alcoholic beverages for consumption

This means just the bar area, and not the entire establishment. This is clarified in the excerpt of FS 790.06 that Bobby also posted, as well as by an AG Opinion.

inside the passenger terminal and sterile area of any airport

Note that this is not just the sterile area, but also includes the entire passenger terminal. This includes non-secure areas such as ticketing, baggage clam, food court, ground transportation, etc.

Additionally, hospitals are generally off-limits, which is a little known fact, as it is not publicized. The restriction is covered in FS 394.458. This statute has been used to restrict carry even in hospitals without mental health units. The rationale is that just about every hospital is covered, as almost all can provide for Baker Act evaluations.

 

[Ken Harbart]

I would take that to mean that, if for example, you were at a Holiday Inn, it would not be illegal to carry in the hotel, just the bar.

Correct. The same holds true for restaurants with bar or lounge areas.

 

[brucestephenson]

I always carry a light-saber. But remember, Han Solo said you should always have a good blaster at your side. I have heard tell about guys going to the Tampa show with concealed firearms permits. The problem is that I really suspect that you have people carrying without a permit, and people carrying who cannot own guns, that are going to have them at the shows regardless.

 

[varnyard]

I would also like to add this, it is our legal right by law as a honest, law-abiding person:

15) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.

 

[jsrocket]

The problem is that I really suspect that you have people carrying without a permit, and people carrying who cannot own guns, that are going to have them at the shows regardless.

You may be right, Bruce, but if they get caught, they are lookin' at a world of trouble.

 

[garweft]

I always carry a light-saber.

Same here!! An elegant weapon from a more civilized time.

 

[varnyard]

This might be true, but as I posted above. It is our legal right by law as a honest, law-abiding person.

I have mine!!

 

[WebSlave]

You must have a permit to carry a concealed weapon in Florida. That's the law. IF the building says "No weapons permitted inside" then even IF you have a permit, you cannot carry it into the building.
We had this issue at a public building we have meetings in. This is what we found.
Hope it helps.
Wolfy

It seems to me I recall reading about legal issues such as this, and there was some likelihood of liability on the part of the owner of such an establishment relating to an implied responsibility to the welfare of the public within the building. The reasoning here is that if the owner or responsible person denies you the ability to defend yourself against criminal activity within the confines of a building or grounds under their authority, then they take on the risk of liability if such an event should take place and that restriction prevents you from being able to defend yourself. So, in effect, if you got mugged in the convention center during Expo, whoever was responsible for the posting of a "No Firearms Allowed" notice, could possibly be sued for failing to provide for your safety after removing the possibility of you providing for your own defense. Seems to me I recall Lowe's used to post such notices until this scenario was presented to upper management. Subsequently, those signs were removed, which leads me to believe that their attorneys recognized the legal jeopardy such signs could incur for that company.

Not sure it has ever been tested in court, but I would suspect that is a distinct possibility that would result in AT LEAST a respectable settlement whether it went before a jury or not. Florida does provide quite a bit of legislative support for it's citizens to protect their life and limb (ie, the Castle Doctrine Law), so certainly someone attempting to buck the will of the legislature by denying citizens those rights might very well prove to become a lawyer's chew toy if a criminal incident should take place at their establishment.

 

[brucestephenson]

Same here!! An elegant weapon from a more civilized time.

That is a great lightsaber! However, only Sith lords use the red crystal to generate a red light source.