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Thread: FL questions

  1. #1
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    Hello,

    I Have a few questions regarding gun ownership in FL (Hillsborough county / Tampa).

    In every instance my local gun shop's only answer was to take thier concealed carry class and apply to the state. I don't feel I am getting straight answers from them so I figgured I would try here:

    1> Do I need a gun permit to own a pistol on FL?

    2> My primary uses would be for home defense, and I would like to get in to competitive shooting. Would there be issues transporting a gun to from the range and events? I would be transporting the gun primarily in the trunk of my car.

    3> Can you get a Permit/ License if you have a Federal Misdemeanor (estate tax/handling issues about 10 years ago)?


    I grew up around guns and use to go target shooting in the western region of NY with friends and family; got shot once by accident which gave me a deep respect for what a rifle or pistol can do (no I am not related to Dick Chaney )


    Thanks in advance,

    Chris


  2. #2
    Regular Member rvrctyrngr's Avatar
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    1. No, Chris, you do not need a license of any kind to purchase/possess firearms in FL.
    2. No, Chris. No issues at all transporting firearms to or from anywhere.
    3. Yes, that should not be an issue.
    Here's a link to the FL Statutes. Statute 790 deals specifically with firearms:
    Here's a link to the FL Concealed Weapons Program:
    If you have any more questions, just ask.
    HTH
    ....don't know why this came out 'quoted' sorry....
    Director,
    Florida Carry, Inc.

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    What if you have been charged, but not convicted of a felony. The charge was reduced and then judged Nolo Prosequi. WOuld that prevent me from a Florida CCP?


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    WannaCarry wrote:
    What if you have been charged, but not convicted of a felony. The charge was reduced and then judged Nolo Prosequi. WOuld that prevent me from a Florida CCP?
    It shouldn't, IANAL but I believe you have to be a convicted felon.
    Eternal vigilance is the price of liberty.

  5. #5
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    Under Florida law, you do not need a license to buy or posses a gun or carry your gun either on your own property or "securely encased" when in a motor vehicle. However, individuals with concealed weapon licenses are exempt from the state 3-day waiting period for handgun purchases. See Florida Statutes, Chapter 790and the Concealed Weapon Licensing information site.
    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

  6. #6
    Regular Member rvrctyrngr's Avatar
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    FzSBLACKMAGICK wrote:
    WannaCarry wrote:
    What if you have been charged, but not convicted of a felony. The charge was reduced and then judged Nolo Prosequi. WOuld that prevent me from a Florida CCP?
    It shouldn't, IANAL but I believe you have to be a convicted felon.
    You are correct, sir. Doesn't matter what the charge was, it's the final disposition of the case.

    If the OP plead Nolo Prosequi to a lesser-than-felony charge, he should not, ultimately be denied a CWFL. HOWEVER...there are some time limits associated with certain misdemeanor charges. A perusal of 790.06 will clear that up...sorry, I don't specifically remember the disqualifying acts.
    Director,
    Florida Carry, Inc.

    Detached reflection cannot be demanded in the presence of an uplifted knife.
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    What all is needed for the CCW? How much does it cost in the end?

    The Class $50 - $85

    Thumbprinting $5 - $35

    Anything else needed? Or anyone know the actual costs?

    Total ~ $120

    ???

  8. #8
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    Dr.Coy wrote:
    What all is needed for the CCW? How much does it cost in the end?

    The Class $50 - $85

    Thumbprinting $5 - $35

    Anything else needed? Or anyone know the actual costs?

    Total ~ $120

    ???
    Application fee is $117. Add to that whatever your local LE office charges for prints ($5-10), cost of a class (unless you have a DD 214 or other proof of proficiency) and postage. Classes can be anything from a hunter's safety course on up, and vary greatly in price.

    Check out the DOACS Website for more info:
    http://licgweb.doacs.state.fl.us/weapons/index.html

    HTH.
    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

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    I figured I would ask my question here instead of starting a new topic.

    I have had my CCW license for about 10 years now and I am pretty clear on the laws, but what I thought was in the FL statues - I just cannot find. Maybe someone can help.

    Can I open carry on my property? My yard, driveway, around the exterior of the house, etc.? And if I can, would someone point me to the section/subsection of chapter 790 that clarifies this?

    I found:
    790.053 Open carrying of weapons,
    But this section does not specifically say anything about open carry on my private property.

    I also found an indirect reference to being allowed to OC on my property under 790.115, if "real property" is within 1,000 of a school...etc.

    I often walk to my car on my way to and from work with it on my hip (I conceal the firearm in a zippered case when I drive), and I often walk around the house with the dog OC. I just want to make sure that I am not violating any laws if a neighbor ever sees, freaks out, and calls the police.

    Thanks in advance for the response.

  10. #10
    Regular Member rvrctyrngr's Avatar
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    Check 790.25 - Lawful Use/Ownership. P(3) specifically lists where you can possess a weapon without a license. 790.053 and 790.06 do NOT apply to the instances listed in this paragraph, one of which is at your home.
    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

  11. #11
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    Thank you...

    I suppose the following also applies to the exterior of my home and its perimeter:

    (n) A person possessing arms at his or her home or place of business

    Also, is it correct that under 790.25 (5) POSSESSION IN PRIVATE CONVEYANCE, I can carry the handgun on my person concealed since I have a CC license?

    Thanks again.

  12. #12
    Regular Member rvrctyrngr's Avatar
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    IMO, you are correct on both counts. Like you, I often OC going to/from my vehicles, taking out the trash, etc.... Not for any specific purpose. If I'm wearing pants, I'm wearing a firearm. I'm not gonna run to the closet to grab a cover shirt just to take the friggin' trash to the street!

    Absolutely legal to CC in your vehicle.....that's why you have a license.

    Stay safe, stay armed!
    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

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    Thanks again for the reply.

    I dug-up the 4th ed. to "Florida Firearms Law, Use & Ownership" and found positively that the law does extend to limiting OC to Florida residence in or on ones private property:

    Caban v. State, 475 So.2d 968 (4DCA 1985), held that a person's home or business in F.S. 790.25, refers to an individual's surrounding property as well as the buildings and structures situated thereon. This is not restricted to curtilage [properties perimeter], for you can carry open or concealed, anywhere on your home or business property, although the retreat rule would certainly apply.

    But, if I can contribute a bit more for further info, FL residents are no longer required to follow the retreat rule (last sentence of 776.012 before (1)):

    776.012 Use of force in defense of person.--A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

    (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

    (2) Under those circumstances permitted pursuant to s. 776.013.

    History.--s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.

  14. #14
    Regular Member rvrctyrngr's Avatar
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    That whole 'run away, run away' deal went away in 05 with the "Stand your ground" law. The enactment of that law did a number of good things for Floridians:

    • It established that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.

    • In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

    • In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.

    • If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.

    Florida’s law, like countless others from legislative sausage grinders, could have been better drafted. It unquestionably will be challenged in court, over and over again, by those who abhor even the concept of applied individual self-defense or by legal gadflies with nothing better to do with their time.

    Jon's book is the Bible for FL firearms law. I buy every new edition that comes out.
    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

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