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Thread: New Florida Resident

  1. #1
    Regular Member Nav0341's Avatar
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    New Florida Resident

    Ok so I was born and raised in Florida. I've been living in Michigan for the past 12 years. I have a Michigan Concealed Pistol License. I understand that MI and FL are reciprocal in recognition of each other's concealed license. I am moving back to Florida in October to accept a job offer.

    Just so I understand this correctly:

    790.251 = Legal to carry in a vehicle WITHOUT a license as long as it is in the glove compartment? (more for my wife than myself)

    I have heard that FL is SUPER strict about printing or accidental exposure. Opinions on this. I understand concealed means concealed, but printing happens, as does accidental exposure. However:

    790.053 seems to say that this is not a direct violation of the law. (Yes I understand I should do everything in my power to not print or accidentally expose... but it happens). Am I understanding this properly?

    My other question is, is my MI License transferable? OR do I have to go through the entire process all over again? Is there a grace period like when changing over a driver's license?

    If there are any other tips that may be useful, they will be very much appreciated.

  2. #2
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    Quote Originally Posted by Nav0341 View Post
    Ok so I was born and raised in Florida. I've been living in Michigan for the past 12 years. I have a Michigan Concealed Pistol License. I understand that MI and FL are reciprocal in recognition of each other's concealed license. I am moving back to Florida in October to accept a job offer.

    Just so I understand this correctly:

    790.251 = Legal to carry in a vehicle WITHOUT a license as long as it is in the glove compartment? (more for my wife than myself)

    This is correct. Just make sure that, unless and until a "need" arizes, the gun STAYS in the glove box (or zippered gun case, or any of the other allowed containers).
    I have heard that FL is SUPER strict about printing or accidental exposure. Opinions on this. I understand concealed means concealed, but printing happens, as does accidental exposure. However:

    790.053 seems to say that this is not a direct violation of the law. (Yes I understand I should do everything in my power to not print or accidentally expose... but it happens). Am I understanding this properly?

    This part of the law is sortof in dispute. For years, it was required that the gun cannot carried openly, with some cops potentially interpreting this to include no printing (I should note that Texas is the one that is really notorious for arresting people for printing). The law was changed recently to allow "brief" exposure and to allow OC in certain circumstances (like fishing, if I recall correctly). Right now, "brief exposure" and "engaged in specified activities" are open to interpretation. Using one of them may (or probably, for that matter) lead to you being a test case. For now, conceal and minimize printing as best as you can.

    My other question is, is my MI License transferable? OR do I have to go through the entire process all over again? Is there a grace period like when changing over a driver's license?

    I'm not sure about this one. One thing I will note is that Florida recognizes Michigan permits issued to RESIDENTS of Michigan (Florida has this same residency requirement for all recognized out-of-state permits). So, if you are now a (legally defined) resident of Florida, STOP CARRYING UNTIL YOU GET YOUR FLORIDA PERMIT (except the car carry, as noted above)! Failure to do so could lead to you getting a FELONY on your record!

    If there are any other tips that may be useful, they will be very much appreciated.
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  3. #3
    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by Nav0341 View Post
    Ok so I was born and raised in Florida. I've been living in Michigan for the past 12 years. I have a Michigan Concealed Pistol License. I understand that MI and FL are reciprocal in recognition of each other's concealed license. I am moving back to Florida in October to accept a job offer.

    Just so I understand this correctly:

    790.251 = Legal to carry in a vehicle WITHOUT a license as long as it is in the glove compartment? (more for my wife than myself)

    I have heard that FL is SUPER strict about printing or accidental exposure. Opinions on this. I understand concealed means concealed, but printing happens, as does accidental exposure. However:

    790.053 seems to say that this is not a direct violation of the law. (Yes I understand I should do everything in my power to not print or accidentally expose... but it happens). Am I understanding this properly?

    My other question is, is my MI License transferable? OR do I have to go through the entire process all over again? Is there a grace period like when changing over a driver's license?

    If there are any other tips that may be useful, they will be very much appreciated.
    Wrong statute. 790.25 is the one you want. The firearm must be 'securely encased or otherwise not readily acceptable' definitions for both can be found in the statute.

    790.251 is the 'parking lot' law for employers/employees.
    Director,
    Florida Carry, Inc.

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    Regular Member Nav0341's Avatar
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    Thank you for the replies, they are very much appreciated. I am not yet a FL resident, and when I do get there, unfortunately I will be forced to disarm completely for a short period of time that I will be staying with my parents.... my mother runs a daycare center / pre-school out of her house lol. This is an awesome opportunity for me professionally, but now I've gotta learn a whole new set of laws haha. And let me tell you, I am going to MISS Michigan's Open Carry. But, hopefully things will change in FL.

  5. #5
    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by Nav0341 View Post
    Thank you for the replies, they are very much appreciated. I am not yet a FL resident, and when I do get there, unfortunately I will be forced to disarm completely for a short period of time that I will be staying with my parents.... my mother runs a daycare center / pre-school out of her house lol. This is an awesome opportunity for me professionally, but now I've gotta learn a whole new set of laws haha. And let me tell you, I am going to MISS Michigan's Open Carry. But, hopefully things will change in FL.
    Daycare centers are not off limits. Pre-school is kinda iffy. Depends on what level 'pre-school' she's running.
    Director,
    Florida Carry, Inc.

    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

  6. #6
    Regular Member Rich7553's Avatar
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    A person aged 18 or over may lawfully have a handgun in a vehicle so long as it is 1) securely encased or 2) not accessible for immediate use. Note "OR". Securely encased means in a container with a lid, a closed (not locked) glove compartment, a center console or box with a closed lid, or a snapped holster. I'd recommend you don't rely on the "snapped holster" part as the handgun must also be concealed from the ordinary sight of an individual outside the vehicle (this is disputable, as there is no case law on point). Nothing in the statute permits carry on or about the person without a license. There is no distinction made between loaded or unloaded, and none of this applies to long guns.

    Printing is not a crime. You may be detained and asked to produce your carry license and may have to grit your teeth and listen to a lecture on how you should conceal better, but there is no such crime as printing. The statute requires that the firearm must not be visible to the casual observer.

    Finally, your MI permit is valid for 90 days from the time you establish residency in Florida. Establishing residency comes in many forms, primarily entering into a lease or purchasing property, getting a driver's license, etc. After that, you may only lawfully carry in FL with a FL CWFL. Your MI permit does not satisfy the training requirement in FL. However, if you are ex-military, a copy of your DD214 does, as well as a range of other training certificates. Details can be found at: http://licgweb.doacs.state.fl.us/weapons/index.html.

    Welcome to Florida and please consider joining Florida Carry. www.floridacarry.org
    Rich
    MSgt, USAF Ret.
    Executive Director
    Florida Carry, Inc.
    www.floridacarry.org
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  7. #7
    Regular Member Nav0341's Avatar
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    I was just about to report some of the same things. I spoke with the Department of Agriculture today. As you mentioned, I have a 90 day grace period starting when I declare residency. This was probably my biggest concern simply because carrying has become an aspect of my everyday life, it would be like leaving my phone or wallet at home every day. I won't have to worry about any re-certification either because I attended an NRA course and have my certificate of completion. Basically, I was told all I have to do is head on down to Tampa, pay my $112 to get fingerprinted and processed and I should have my license well before my grace period ends.

    I will check out Florida Carry.

    Thanks again guys for the input.

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