Gun laws in Florida

Location of Florida in the United States

Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States.

Florida is a "shall issue" state, and issues concealed carry licenses to both residents and non-residents. Florida recognizes licenses from any other state which recognizes Florida's license, provided the non-resident individual is a resident of the other state and is at least 21 years old^[1] or may be under 21 if the applicant is a member or veteran of the United States Armed Forces.^[2]

Florida is considered accommodating to guns, by national standards. There are 56 laws relating to owning, transporting, and using guns. Convicted felons have few rights to gun possession.^[3]

Overview

Preemption

Florida law prohibits localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses). The Florida Legislature has since 1987 occupied the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation. Due to a lack of penalties associated with violating the preemption statute, it was almost universally ignored by city and county authorities until, on December 7, 2010, Representative Matt Gaetz introduced a bill to the Florida Legislature adding penalties for violating the existing preemption statute. It was signed into law by Governor Rick Scott on June 2, 2011.^[4] Penalties may include fines, removal from public office, termination of employment and other punishments.^[5]

Concealed carry

Firearms regulations are uniform throughout Florida, and a carry license is valid everywhere other than in a few specially-defined areas. These specially-defined prohibited areas include:

•  Any place of nuisance as defined in s. 823.05^[6]
•  Any police, sheriff, or highway patrol station;
•  Any detention facility, prison, or jail;
•  Any courthouse;
•  Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
•  Any polling place;
•  Any meeting of the governing body of a county, public school district, municipality, or special district;
•  Any meeting of the Legislature or a committee thereof;
•  Any school,or professional athletic event not related to firearms;
• Any elementary or secondary school facility or administration building; If school is in session
• Any career center; (Commonly referred to as "Technical Schools")
• Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
• Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; (With an exception for students, faculty and visitors keeping firearms stored in their cars.) ^[7]
• The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or
•  Any place where the carrying of firearms is prohibited by federal law.^[8]
• In Seaports^[9] – The seaport must provide clear notice of the prohibition against possession of concealed weapons and other contraband material on the premises of the seaport. Any person in a restricted area who has in his or her possession a concealed weapon, or who operates or has possession or control of a vehicle in or upon which a concealed weapon is placed or stored, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
•  In the Savannas Preserve State Park^[10] – It is unlawful for any person, except a law enforcement or conservation officer, to have in his or her possession any firearm while within the Savannas except when in compliance with regulations established by the Fish and Wildlife Conservation Commission applying to lands within the described boundaries.

Anyone lawfully carrying a firearm in a concealed manner, may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.^[11]

Currently, Florida's Concealed Weapon License is one of the most widely recognized, state-issued concealed weapon license. The resident Florida Concealed Weapon License is recognized in thirty-five different states, while the non-resident Florida Concealed Weapon License is recognized in thirty states.^[12]

"Concealed Firearm" is defined in F.S.S.790.001(2) as: "means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." Source:^{[13] [14]}

Unlicensed concealed carry is allowed during a mandatory evacuation as a result of a state of emergency.^[15]

Open carry

Open carry when on foot in a public area is generally illegal, but is permitted in certain circumstances, as defined by Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, camping, gun shows, or while shooting, and while going to and from such activities.^[16] The open carry ban statute is currently being challenged in Court^[17] In 2010, Florida was one of seven states that had a ban on open carrying of a weapon.^[18] In 2015, Florida is one of five states that has a ban on open carrying of a firearm, but there is currently a bill in the works to legalize open carry to those possessing a valid concealed weapons license(see hb163 and sb300).

Florida House of Representatives voted (80 yays, 38 nays) for approval of HB 163 on 3 February 2016.

On March 11, 2016 house bill 163 "Died in Criminal Justice" according to the Florida Senate website.^[19]

Vehicle carry

Vehicle carry without a license when the weapon is not immediately accessible/available for use is permitted.

• Handguns – must be either "securely encased" -F.S.S.790.25(3)(l) Some cite this as a grey area or risky- or not immediately available for use.^[20] "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.^[21] Carry of a Handgun on one's person inside a vehicle without a license is not permitted (except in the case of open carry in accordance with the law outlined above). Once a handgun is securely encased, it can be stored anywhere inside the vehicle and is not limited to just the glove compartment/center console.
• Long Guns – a legal firearm other than a handgun may be anywhere in a private conveyance when such firearm is being carried for a lawful use.^[22]

As of July 1, 2008, Florida became a "Take your gun to work" state (F.S. 790.251). This law prohibits most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in his or her vehicle in the company parking lot. The purpose of the new law is to allow carry licensees to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include:

• school property;
• correctional institutions;
• property upon which a facility that generates electricity by nuclear power is located;
• property upon which substantial activities involving national defense, aerospace, or homeland security are conducted;
• property upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials;
• a motor vehicle owned/leased/rented by your employer;
• any other property upon which possession of a firearm is prohibited pursuant to any federal law, contract with a federal government entity, or general law of Florida.

A case was filed against Walt Disney World Resort by Edwin Sotomayor, a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre-existing no weapons allowed policy. The case was later dropped by the plaintiff citing personal and financial reasons. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.^[23][24]

Castle doctrine and "Stand Your Ground"

"Castle Doctrine" refers to the generally accepted common-law principle that one is not required to retreat when in one's own dwelling. Eliminating the requirement to retreat outside the home (i.e. in public) is generally referred to as a "Stand Your Ground" law. As of October 1, 2005, Florida became a "No Duty to Retreat" (i.e. Stand Your Ground) state. Florida Castle Doctrine law establishes 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. With the passage of Florida's Stand Your Ground law, this principle now also applies in any other place where a person "has a right to be." Essentially, 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". Note that all of the generally accepted common-law principles of self-defense must still be followed.^[25]

A person who uses force within the parameters of 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 under the law, the defendant will be awarded all costs of defense.

Firearm sales

Florida law permits private firearms transfers between residents without processing through a Federal Firearms Licensee (FFL).

The Florida Constitution, Art VIII Sec. 5(b), permits counties to enact ordinances that require a criminal history records check and a 3 to 5-day waiting period when any part of a firearm sale is conducted on property to which the public has the "right of access",^[26] such as at a gun show conducted on public property. These local option ordinances may not be applied to holders of a concealed weapons permit/license.^[27] Only Broward, Hillsborough County Palm Beach, Volusia and Miami-Dade counties have enacted such ordinances.

See also

• Gun laws in the United States (by state)
• Law of Florida

References