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Thread: out of state carry in FL

  1. #1
    Regular Member quarter horseman's Avatar
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    out of state carry in FL

    Hello fellow Ocers My Michigan parents with CPL are in FL and are wondering your concealed carry laws gun free zones mainly. Could anyone give me a quick run down on them thanks for all you help.
    Last edited by quarter horseman; 02-02-2012 at 12:24 PM. Reason: CPL added

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    This is the light reading for your leisure time. LOL.

    http://www.leg.state.fl.us/Statutes/...EChapter%20790

    In short:

    1. Concealed only. OC is only allowed in a very small window. (camping, fishing, hunting, and shooting, to and from the above) And, since OC isn't common place, be advised that doing so, even legally, might make to a much different story to your vacation than planned. Not everyone is aware of the laws. Take that for what it's worth.
    2. Printing isn't illegal in Florida. But, it's advisable. (see last part of #1 above.)
    3. No carry in Federal buildings, ports, airports, schools and bars...the usual stuff. (You CAN, however, carry in an establishment that serves alcohol, even drink. Just avoid the bar itself.)
    4. Anywhere else is pretty much game. If you see a sign, ignore it. Thanks to Florida's preemption laws, only the State of Florida can make it illegal to carry somewhere. So, since any city/county/private establishment isn't the State of Florida, any city/county/private establishment placing a sign can just enjoy hanging signs, but, that's about it.

    There's more, but, that's the basics, and, to be honest, Florida really is just about that simple.
    Last edited by JeepSeller; 02-02-2012 at 12:34 PM.

  3. #3
    Regular Member quarter horseman's Avatar
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    thank you much that is what I was looking for.

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    I thought it was illegal to drink. Can you confirm it is not (I know not a good thing but occasionally I will have a beer with dinner at a restaurant which has nil effects on my 6'8" 350lb bone bag).

    Sent from my DROID RAZR using Tapatalk

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    Nope. Nowhere in the statutes does it say it's illegal to drink while (lawfully) carrying a firearm.

    Discharging a firearm while under the influence? (aside from any justified self defensive actions) That's different.... It's there. (not on my laptop where I have all the statutes stored...but, it's in 790 I believe.)

    So, barring any statute making drinking while carrying illegal, it's legal.

    Advisable? That's another thing.

    As far as confirming. As with any advice on the internet.... don't take it. LOL

    Paging Rich, Stogie, ADulay, or rvrctyngr

    Those fellas know this stuff inside and out. They are more qualified than I to confirm. I freely admit I could be wrong.

    After all, it did happen once. Back in 1979 if I recall correctly.
    Last edited by JeepSeller; 02-02-2012 at 03:27 PM.

  6. #6
    Campaign Veteran Schlitz's Avatar
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    I believe it is illegal to USE a firearm while under the influence in Florida. 790 defines USE as having the gun IN YOUR HAND.

    So sure, drink with a firearm on your hip if you can control yourself. If you know that you get crazy when you have a drink do us all a favor and leave it at home.

    EDIT: Don't take my word for it

    790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

    (1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

    (2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.


    (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    (5) This section does not apply to persons exercising lawful self-defense or defense of one's property.
    So you CAN carry AND defend yourself while being under the influence - good luck justifying it in court.
    Last edited by Schlitz; 02-02-2012 at 07:39 PM.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Does FL statute define "under the influence"?
    States don’t have rights. People do.

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    Campaign Veteran Schlitz's Avatar
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    I'm here for you.

    790.157 Presumption of impairment; testing methods.--

    (1) It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

    (2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or chemical or physical analysis of the person's breath, shall give rise to the following presumptions:

    (a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

    (b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

    (c) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
    Last edited by Schlitz; 02-02-2012 at 08:31 PM.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Regular Member quarter horseman's Avatar
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    That would be nice to be able to have drink at dinner and still be able to protect yourself, not here in MI .002 and your toast.

    Any crazy laws for in a car like in a glove box, or has to be in clear view?

  10. #10
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by quarter horseman View Post
    That would be nice to be able to have drink at dinner and still be able to protect yourself, not here in MI .002 and your toast.

    Any crazy laws for in a car like in a glove box, or has to be in clear view?
    If you DO NOT have a valid CCW permit it must be securely encased in a vehicle.

    790.001 Definitions.--As used in this chapter, except where the context otherwise requires:


    17) "Securely encased" means 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.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Regular Member rvrctyrngr's Avatar
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    Schlitz be on his game today!
    Director,
    Florida Carry, Inc.

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    Brown v. United States, 1921

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    Regular Member quarter horseman's Avatar
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    Quote Originally Posted by Schlitz View Post
    If you DO NOT have a valid CCW permit it must be securely encased in a vehicle.
    Yes a valid CCW or as it is here CPL. some states require it to be in the open some require it to be in a glove box exct. Can you have a round in the chamber hot and ready to rock? I usually look up the laws my self but for some reason I have had a hard time looking all this up on your state.
    Last edited by quarter horseman; 02-04-2012 at 08:39 AM.

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    Regular Member Ironside's Avatar
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    Quote Originally Posted by quarter horseman View Post
    Yes a valid CCW or as it is here CPL. some states require it to be in the open some require it to be in a glove box exct. Can you have a round in the chamber hot and ready to rock? I usually look up the laws my self but for some reason I have had a hard time looking all this up on your state.
    If you really want to look up this stuff try this;

    http://www.leg.state.fl.us/statutes/...entsIndex.html

    or Google Florida Statute 790

    All the answers are there ...
    When those in Government fail to see the danger in too much Government, they become the danger.
    (Original quote by me)

    If we lose the Second Amendment it is only a matter of time before we lose the First Amendment, then the Fourth Amendment and then it is all downhill from there ...

    I've OCed and didn't scare the horses or stampede the women!

    It's too late to train when you are in the middle of a gunfight ... (me)

    IDPA SSP/MM

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    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by quarter horseman View Post
    Yes a valid CCW or as it is here CPL. some states require it to be in the open some require it to be in a glove box exct. Can you have a round in the chamber hot and ready to rock? I usually look up the laws my self but for some reason I have had a hard time looking all this up on your state.
    Absolutely.
    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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    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by quarter horseman View Post
    Yes a valid CCW or as it is here CPL. some states require it to be in the open some require it to be in a glove box exct. Can you have a round in the chamber hot and ready to rock? I usually look up the laws my self but for some reason I have had a hard time looking all this up on your state.
    There is no law prohibiting carrying it loaded in the car. It's best you look this all up for yourself, definitely don't ask people here what the rule is (by here I don't mean OCDO, i mean floridians in general). For some reason everyone I know here thinks there is a magical "3 step rule" to accessing your gun and that it can't be loaded. You'll usually hear this "3 step rule" from police officers and gun store owners/employees. I don't know why the people who should know gun laws the most are the ones that don't know JACK. 790 isn't really that confusing either. Everyone here seems to also think that the 3 day waiting period is a federal law.
    Last edited by Schlitz; 02-05-2012 at 11:13 AM.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Regular Member quarter horseman's Avatar
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    Quote Originally Posted by Ironside View Post
    If you really want to look up this stuff try this;

    http://www.leg.state.fl.us/statutes/...entsIndex.html

    or Google Florida Statute 790

    All the answers are there ...
    Thank you very much

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    visiting fla

    can you legally or not carry in municipal bldgs city halls with no court house attached public area lobby of police stations can you carry there or no

  18. #18
    Regular Member rvrctyrngr's Avatar
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    Municipal buildings with no courthouse, yes.

    Police Station..no way.
    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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    ty here in michigan you can carry in police stations

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    I don't see in 790 where firearms possesion in a boat/watercraft is mentioned. If I have no conceal license, is possesion of a firearm on a boat illegal?

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    Regular Member Ironside's Avatar
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    Quote Originally Posted by georg jetson View Post
    I don't see in 790 where firearms possesion in a boat/watercraft is mentioned. If I have no conceal license, is possesion of a firearm on a boat illegal?
    IANAL but with the appropriate fishing license, ie saltwater/freshwater/resident/non-resident, you can open carry while fishing under 790.25.3.h. Also, have a fishing pole in the boat.

    Maybe others will have more insight on the vehicle aspect of this.

    HTH
    When those in Government fail to see the danger in too much Government, they become the danger.
    (Original quote by me)

    If we lose the Second Amendment it is only a matter of time before we lose the First Amendment, then the Fourth Amendment and then it is all downhill from there ...

    I've OCed and didn't scare the horses or stampede the women!

    It's too late to train when you are in the middle of a gunfight ... (me)

    IDPA SSP/MM

  22. #22
    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by georg jetson View Post
    I don't see in 790 where firearms possesion in a boat/watercraft is mentioned. If I have no conceal license, is possesion of a firearm on a boat illegal?
    No, it isn't. A boat is a 'private conveyance'. Without a CWFL, the firearm must be securely encased or not readily accessible per 790.25, or, as Ironside pointed out, if you are fishing/going to/from, you can open carry without a CWFL.
    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

  23. #23
    Regular Member Ironside's Avatar
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    Quote Originally Posted by rvrctyrngr View Post
    No, it isn't. A boat is a 'private conveyance'. Without a CWFL, the firearm must be securely encased or not readily accessible per 790.25, or, as Ironside pointed out, if you are fishing/going to/from, you can open carry without a CWFL.
    Yes, I didn't follow thru ... 790.25.5
    When those in Government fail to see the danger in too much Government, they become the danger.
    (Original quote by me)

    If we lose the Second Amendment it is only a matter of time before we lose the First Amendment, then the Fourth Amendment and then it is all downhill from there ...

    I've OCed and didn't scare the horses or stampede the women!

    It's too late to train when you are in the middle of a gunfight ... (me)

    IDPA SSP/MM

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    Thanks!!

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    Quote Originally Posted by quarter horseman View Post
    Hello fellow Ocers My Michigan parents with CPL are in FL and are wondering your concealed carry laws gun free zones mainly. Could anyone give me a quick run down on them thanks for all you help.
    www.handgunlaw.us

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