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out of state carry in FL

quarter horseman

quarter horseman

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Aug 25, 2008
Messages
345
Location
Allegan co Michigan, USA
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.
 
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JeepSeller

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Joined
Apr 21, 2009
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412
Location
Orlando, FL, ,
This is the light reading for your leisure time. LOL.

http://www.leg.state.fl.us/Statutes...ml&StatuteYear=2011&Title=->2011->Chapter 790

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.
 
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im4Christ92

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Apr 25, 2011
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Location
SW Florida
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
 
J

JeepSeller

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Orlando, FL, ,
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.
 
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RetiredOC

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Dec 21, 2009
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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.
Click to expand...

So you CAN carry AND defend yourself while being under the influence - good luck justifying it in court.
 
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RetiredOC

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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.
Click to expand...
 
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quarter horseman

quarter horseman

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345
Location
Allegan co Michigan, USA
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?
 
R

RetiredOC

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quarter horseman said:
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?
Click to expand...
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.
Click to expand...
 
quarter horseman

quarter horseman

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Allegan co Michigan, USA
Schlitz said:
If you DO NOT have a valid CCW permit it must be securely encased in a vehicle.
Click to expand...

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.
 
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Ironside

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Aug 2, 2010
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103
Location
Ocoee, Florida
quarter horseman said:
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.
Click to expand...

If you really want to look up this stuff try this;

http://www.leg.state.fl.us/statutes...ute&URL=0700-0799/0790/0790ContentsIndex.html

or Google Florida Statute 790

All the answers are there ...
 
rvrctyrngr

rvrctyrngr

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SE of DiSOrDEr, ,
quarter horseman said:
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.
Click to expand...

Absolutely.
 
R

RetiredOC

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quarter horseman said:
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.
Click to expand...

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.
 
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A

army74

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Mar 17, 2010
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Location
Pontiac, Michigan, USA
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
 
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georg jetson

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Sep 14, 2009
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Slidell, Louisiana
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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