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Handgun Carry question in FL

Discussion in 'Handguns' started by Tango 191, Mar 9, 2010.

    Tango 191 Loaded Pockets

    I have a question that maybe some of the forum members can answer,
    According to Florida law, you need a CCW permit to carry on your person, i was wondering could i put my handgun in a bag and carry it that way legally without a CCW or would i still need a CCW because the bag becomes a extension of my body?

    DB Kilted Moderator

    A gun physically in your possession whether in a holster or in any container that hides it from open view is considered carrying concealed, so you would need a CCW permit regardless.

    Tango 191 Loaded Pockets

    Thats what i thought
    Thanks :)

    all the best,
    Adam

    BigV Loaded Pockets

    Do you have a CCW license from another state?

    jeeves3443 Loaded Pockets

    Why is it not illegal to walk in/on to a range with your weapons without a CCW then? No one carries a weapon without some-sort of bag/case, unless it's a clear box, the weapon will hidden from view, and by your definition, concealed. I think there are some intricacies to the law that need to be understood, unfortunately I'm no expert and the laws are changing all the time.
    If you're genuinely concerned about your ability to defend yourself; Carry it.
    If you're just carrying to carry, and are concerned about any legal ramifications, just wait to get your CCW before you start to carry.
    • In Omnia Paratus

    Synaptic Misfire Loaded Pockets

    Transport to and from vehicles, home, places of business, ranges and outdoor recreation is one thing. Walking around the mall with a firearm in your bag is another.

    Here is a direct link to the laws.

    Florida Carry Laws

    MatBlack Loaded Pockets



    According to what I learned when I took my CCW class you theoretically could get in trouble just carrying a cased gun from your home to your car if you live in a condo and aren't a permit holder. The instructor also mentioned it may be illegal to pass through a common area or lobby of a condo if you don't posess a CCW. The laws are very vague in some areas and confusing in many other places. Having a CCW guards you from many legal entanglements IMO.
    • In Omnia Paratus

    Synaptic Misfire Loaded Pockets

    Not exactly correct. As long as your firearm is securely encased you are allowed to transit from your home to your car. What your instructor was referring to is the fact that you do not need a license to carry concealed on your own property, there was a case where a condo resident was carrying sans license in the common area of his complex and had to defend himself. It was ruled that common areas are not private property and you cannot carry w/o a license there unless the condo bylaws grant residents this permission.

    But you are correct to say just get a license and solve the problem.

    BTW, in Florida they are licenses not permits we a re a civilized state that understands rights are licensed not permitted.

    But you are right just get

    Tango 191 Loaded Pockets

    No im a FL resident

    HOMELAND SECURITY HAM Loaded Pockets

    You all did not get a good class if this is not clear to you.

    When you got your permit applacation it came with a copy of Florida State Law. Chapter 790. It clearly stated that there are exceptions for carry for the purposes of hunting, fishing and to and from the range or place for the repair of a firearm.

    As far as the paper bag, refer to the definations section for "Readily accessable for immediate use" F.S.S. 790.001(16) where it states in pertenant part "means that a firearm or other weaponis carried on the person or within such close proximately and in such a manner that it can be retrived and used as easily and quickly as if carried on the person". Sub section directly below 790.001(17) it also clearly explains "Securely Encased". The statute was revised to allow carry in a center console. Also F.S.S. 790.25(5) also reads in pertenant part "This subsection shall be liberally construed in favor of the lawful use, ownership and possession of firearms and other weapons, including the lawful self defense as provided in s. 776.012".

    My classes are in the Palm Beach County area you should know the law if you have your permit. Without knowing the law, if you get arrested for a violation of the law, you make all CCW permit holders in this country look bad.

    I don't want to point fingers at any instructors, but there are some in it just for a buck. THEY CAN LAND YOU IN JAIL, When you applied for your permit and if you answered number 6 on the applacation stating that you have recieved training relating to compentency with a firearm and your training did not include shooting a real gun at a target (not an air soft gun or BB or pellet gun, and not discharging a gun into a bullet trap) you lied on your applacation. Make sure you have propper competent training for your sake and all others. I consider my class a stay out of jail class. The state of Florida does not have clear guidelines on course cirriculim.

    Your course should have included safe handling and safety rules, firearms law, reasonable man doctrine some use of force laws, shooting, cleaning, methods of carry and purchasing decisions. and the facts that your permit only lets you carry concealed not use the gun, that is a whole other story. These microscopic classes that do not properly train you will land you in trouble if you make a mistake.

    If your zip code is in my area and you call standards and training at the NRA, they will refer you to me! If not you need to find a competent instructor.

    Tango 191 Loaded Pockets


    Thanks, I do not have my CCW, but i was a little confused about the law, Someone acctually asked me this question and i didnt know how to awnser it, and before giving out any false info i wanted to hear it from someone who was more familar with it then i was.
    Thank you HOMELAND SECURITY HAM, great awnser

    HOMELAND SECURITY HAM Loaded Pockets

    I hate to say it but there are too many real bad instruct out there. Some also get their students to criminaly falsify their CCW applacation and checking off that they have recieved training relaiting to the competency with a firearm.

    As of July 1997 the ledgislature wanted actual firing of the weapon at a target. They were hoping to limit some liability with people missing their target and hitting an innocent person.

    Showing you how to clear a malfunction or jam. and pulling the trigger into a snail, sand trap or other bullet trap or other back stop does not cut it. This is how to get in trouble real deep. Remember that each violation any firearms owner gets into, makes it look real bad for all the others nationwide. These are the things the antigunners look for. Competency also referes to hitting your target.

    The state is very flexible, you do not have to take a class if you have a DD214 from the military, even if the DD214 is from many years ago (like WW1). I guess they think it is like riding a bicycle, if you learn it once you never forget. I still recommend a good class as your military discharge papers really had nothing to do with Florida firearm laws (even though your appalacation came with them) use of force laws and the reasonable man doctrine.

    freytes2004 Empty Pockets

    Look on John H. Gutmacher's website he is the florida firearms author

    HOMELAND SECURITY HAM Loaded Pockets

    Hi all,

    I am a long time firearms enthusest, police officer and certified instructor, I may quote the law if it may help, but I will never give legal advice.

    I also advise all my students that the worst source of information can also come from attorneys (this is for real).

    If anybody does have any serious questions in reference to firearms laws that require legal advice, I always encourage all my students to write the question to their local state attorneys office (district attorneys office), and the state attorneys generals office and include stamped return addressed envelopes. Request that the question be answered in writing on letterhead and signed by the attorney that wrote their defination for the question.

    This way if you ever get in trouble doing as you were advised in the letter, the letter you got will probably help you stay out of hot water. You might also want to carry a copy of the letter with you, for review by law enforcement if you get questioned doing whatever you were doing if it directly relates to the letter.

    Firearms issues are all serious and they should always be treated this way.

    Be safe,
    Cliff