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Thread: Reciprocity of CCW permit with Alabama: Age 19

  1. #1
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    It is my understanding that Florida has reciprocity with Alabama CCW permit holders therefore making a non-resident permit unnecessary for me. I also understand that, in Florida, you must be 21 years old to get a CCW license. Well, here in Alabama, the minimum age is 18, and asa 19 year old, I have a permit and carry quite often. I also, as a resident of SOUTH Alabama, find myself in Florida quite often. Is my permit valid there as a 19 year old, or does the age requirement trump the reciprocity agreement?

    I know no one here can offer official legal advice, but perhaps you could point me in the right direction to find this out. I'd rather not be arrested and put in a FL jail for something I thought was legal (of course, I WILL carry wherever I go... it's stupid not to, but the answer to this question will definitely affect HOW I carry).

    Thanks in advance for any and all advice.

  2. #2
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    Pursuant to Florida Statute §790.015, Florida only recognizes licenses issued to residents of reciprocal states who are at least 21 years old. However, under §790.25(5), a person who is at least 18 years old may carry a "securely encased" firearm in a vehicle without a license. According to the Florida Department of Agriculture & Consumer Services (Florida's CCW licensing agency) (FAQ #6 on the Florida reciprocity page:
    I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options?
    Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

    Section 790.25(5), which deals specifically with possession in a private conveyance states that "it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012." (Emphasis added.)

    Section 790.001(17) defines the term "securely encased" to mean "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."

    So, while you cannot carry the weapon on your person, you can at least have it nearby in your vehicle while traveling.
    You should bear in mind that unlawfully carrying a concealed firearm in Florida is a felony under §790.01(2) and open carry is unlawful under §790.053. With the exception of legal, "securely encased" car carry, you have no means of legally carrying a gun in Florida until you are 21 years old.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  3. #3
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    Excellent, that is just the information I was looking for. I guess now the only question for me is which is more important: the law, or my safety. I won't be sharing that decision here, but that information certainly helps me make an informed one!

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    Come to Kentucky! Although 21 is the age for a KY CDWL, the State honours, say, the Indiana Permit of an 18 year old guy, as per the KSP CDWL office.

    A KY CDWL allows one to pack almost any concealed deadly weapon you could think of, but I do not know if you could do the same on yourAlabama permit whilst in KY. However,you raise an interesting question as far as interstate packing goes.

    When I visit Tennessee, I have to follow their rules. No concealed deadly weapons other than handguns, but I have to produce my KY CDWL for a cop if CCing OR OCing, since a permit is required for BOTH styles of carry in TN.So far, so good!

    IANAL, but I would like to think that the contrawise SHOULD apply!As long as you have a valid permit,and , sinceKY honours ALL permits, you ought to be OK in KY packing whatever you like!Maybe the better informed fellers could opine here?

    Or maybe I am being too optimistic here, and I would advise you to check this out first before you visit us, Sir! Hopefully, you should be able to pack the "tacticool" toys that you showed us in your OC Arsenal thread! I would likely get some cool shades myself, if I did not know that they would make me look like a Maltese pimp!

    Best wishes,

    TrueBrit.

  5. #5
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    Well hot damn! I've always wanted to visit Kentucky: the land of horses and bourbon! I actually have an entire week off from school and work in two weeks (fall break) and haven't decided where I want to go yet. Perhaps a trip up to KY might be in order. I've never seen mountains before, and I'd love to visit the Jim Beam distillery . What's the status of OC in KY? Permit needed (as Bama's permit is only for CC)?

  6. #6
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    EDIT: FREAKIN' DOUBLE POST!

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    vmathis12019 wrote:
    Well hot damn! I've always wanted to visit Kentucky: the land of horses and bourbon! I actually have an entire week off from school and work in two weeks (fall break) and haven't decided where I want to go yet. Perhaps a trip up to KY might be in order. I've never seen mountains before, and I'd love to visit the Jim Beam distillery . What's the status of OC in KY? Permit needed (as Bama's permit is only for CC)?
    WE don't need no stinkin' permits for OC in KY!Over 18, legal to own a handgun, good to go!

    KY legislature has only the power to regulate CC, for which ANY other state's permit is honoured. Unlike the Virginians, we do not have the horror stories concerning the unlawful arrests of OCers in KY. If this crap was happening here, Ifeel sure that we would hear about it. Read the KY threads, and you will see that OC just is not a big deal here, Kentuckians and out of state visitors have confirmed this.This isone reasonwe have the solid F rating from the Brady Bunch, and are a Gold State for OC, as per the OCDO map! Always good to have a CC permit, go both ways if you want to! Usual disclaimer applies,IANAL, but can only speak from my own experiences and understanding. Hope this helps.

    TrueBrit.

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    You got any suggestions for tourists on their way to KY? (actually should probably post this in the KY forum...lol)

    After spending so much time being oppressed by ignorance and the lack of my primary weapon (again read Man Arrested for Open Carry under Alabama) for the last 5 months, now that I am armed and licensed again, I would like to go somewhere where I can OC. That's almost a vacation in itself.

  9. #9
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    Okay, this is a little delayed, but I haven't thought about posting it since it happened. A large branch of my family resides in Lynn Haven Florida (near Panama City in Bay County), and this is where we had Thanksgiving this year. After posting this and seeing the response, I was still not convinced as to the status of my legality while in FL, so I called Bay County Sheriff's Office, and gave them my scenario. They said that if one of their officer's stopped me, and I produced a valid Alabama permit, they could not arrest me for carrying a concealed weapon illegally. Apparently their understanding is that the reciprocity law has no restrictions on the age requirements of out of state permit holders, and they could therefor not justify harrassing a permit holder from another state to prosecute them on a technicality that would probably be thrown out. I was shocked. A police department that was concerned about the feelings of individuals? I know this isn't equal to legal advice, but it made me feel better about carrying, had a chosen to do so. I still couldn't convince myself that it was completely legal, so I kept it unloaded in my glovebox with a magazine in the center console (I understand this is legal for 18 yos in FL?).



    So, what about the reciprocity laws? Do they clearly state that a holder of an out of state permit must be 21?

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    vmathis12019 wrote:
    So, what about the reciprocity laws? Do they clearly state that a holder of an out of state permit must be 21?
    Higher up the thread, WVCDL says:

    Pursuant to Florida Statute §790.015, Florida only recognizes licenses issued to residents of reciprocal states who are at least 21 years old.

    Click on the link and scroll down the page to the text of 790.015.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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  11. #11
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    That's what I thought. I did completely overlook that tidbit, and I apologize for the unnecessary post. I am glad that I decided to lock it up in the glovebox. I knew that my entire time in FL would be spent either on the road or at my Uncle's so I wasn't concerned that much with needing it on my immediate person. Thanks for the repeated clarification. Too bad BCSO isn't clear on this. Some poor guy's gonna end up in jail one of these days.

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