Florida Gun Laws; No Time to Misfire

”You cannot invade the mainland United States. There would be a rifle behind each blade of grass.”
~Admiral Isoroku Yamamoto

The following post is a result of numerous questions I have received from readers regarding the status of Florida gun laws.

With all of the mass shootings that have occurred lately by violent and mentally unstable individuals and the massive media and political attention that these unfortunate events have attracted, there are many people who have decided to purchase guns in 2013.

Whether persons should be allowed to carry a concealed weapon, should be able to purchase a certain type of weapon, or certain weapon enhancing equipment, is a debate for a different forum.  It is not my intent to try and persuade or espouse any position regarding gun ownership.

The Stand Your Ground Law

To summarize, a person has the right to use “deadly force and does not have to retreat” if that person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or to prevent the imminent commission of a forcible felony.

The definition of a “forcible felony” is located at Section 776.08 of the Florida Statutes---but generally includes such acts as: murder; manslaughter; sexual battery; carjacking; aggravated assault and battery; home-invasion; burglary, kidnapping, aggravated stalking, etc.

A person also has the right to use deadly force to protect others if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. Under these circumstances, a person also does not have a duty to retreat, if the person is in a place where he or she has a right to be.

Neither of the defenses above applies if the defensive shooter is engaged in an unlawful activity or is in a place where they have no right to be at the time of the use of deadly force. For example, if a person is stealing a car from a person’s house, they do not have the defense of the “stand your ground” law.

Review Section 776.031 of the Florida Statutes for additional information regarding your protection and the protection of others.

Gun Ownership

I believe in the summary method of discussing legal issues.  This helps a potential gun purchaser or owner to get the basics. Thereafter, if the owner or potential owner desires to follow up with the specifics of a particular subject area, they can do additional research by reviewing Chapter 790 of the Florida Statues.

The basics of the Florida gun laws covered within the scope of this post are as follows:

Rifles and Shotguns

• Permit to purchase rifles and shotguns? No

• Registration of rifles and shotguns? No

• Licensing of owners of rifles and shotguns? No

• Permit to carry rifles and shotguns? No

Handguns

• Permit to purchase handgun? No

• Registration of handguns? No

• Licensing of owners of handguns? No

• Permit to carry handguns? Yes

Purchase and Possession:

No state permit is required to possess or purchase a rifle, shotgun or handgun.

It is unlawful for:

• Any convicted felon to have in his or her possession any firearm or to carry a concealed weapon unless his civil rights have been restored.

• The following persons to own, possess or use any firearm - drug addicts, alcoholics, mental incompetents, and vagrants.

• For persons to have in their care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence.

• To sell, give, barter, lend or transfer a firearm or other weapon other than an ordinary pocketknife to a minor less than the age of 18 without his parent’s permission, or to any person of unsound mind.

• Any dealer to sell or transfer any firearm, pistol, Springfield rifle or other repeating rifle to a minor.

• A minor less than 18 years of age to possess a firearm, other than an unloaded firearm at his home, unless engaged in lawful activities.

Additional Points Regarding Application for a Firearm:

No licensed gun dealer, manufacturer or importer shall sell or deliver any firearm to another person until he has obtained a completed form from the potential buyer or transferee and received approval from the Department of Law Enforcement by means of a toll-free telephone call.

The Department of Law Enforcement shall destroy records of approval and non-approval within 48 hours after its response.

Exempt from the instant check are licensed dealers, manufacturers, importers, collectors, persons with a concealed carrying license, law enforcement, correctional and correctional probation officers.

Excluding weekends and legal holidays, there is a three-day waiting period to purchase a handgun from a retail establishment. Exempt from the waiting period are concealed weapons permit holders and those trading in another handgun.

Carrying

Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.

Exceptions:

• Persons having firearms at their home or place of business.

• Enrolled members of clubs organized for target, skeet, or trapshooting, while at, or going to or from shooting practice.

• Members of clubs organized for collecting antique or modern firearms while at or going to or from exhibitions.

• Persons engaged in fishing, camping or hunting and while going to or from such activity.

• Persons engaged in target shooting under safe conditions and in a safe place or while going to or from such place.

• Persons who are firing weapons for target practice in a safe and secure indoor range.

• Persons traveling by private conveyance if the weapon is securely encased, or in a public conveyance if the weapon is securely encased and not in the person’s manual possession.

• Persons carrying a pistol unloaded and in a secure wrapper from place of purchase to their home or to a place of repair and back.

• Persons engaged in the business of manufacturing, repairing or dealing in firearms.

• Military, law enforcement personnel and private guards while so employed.
 

The Department of Agriculture Shall Issue a License if the Applicant:

• Is at least 21 and a U.S. resident.

• Does not suffer from a physical or mental infirmity which prevents the safe handling of a firearm.

• Is not a convicted felon.

• Has not within a three-year period preceding submission of the application been convicted of a crime of violence or committed for drug abuse or been convicted of a minor drug offense.

• Has not been adjudicated guilty even with a suspended sentence for a felony or misdemeanor crime of domestic violence, unless three years has elapsed since probation or the record is sealed or expunged.

• Is not a chronic or habitual drunkard.

• Is not currently under any injunction restraining the applicant from acts of domestic violence or repeated acts of violence.

• States that he desires a legal means to carry a concealed weapon or firearm for lawful self-defense.

Additional Points Regarding a Concealed Firearm:

It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use.

A firearm other than a handgun may be carried anywhere in a private conveyance when such firearm is being carried for a lawful use.

This exemption does not authorize the carrying of a firearm concealed on the person.

An application for a license to carry a handgun concealed is made to the Department of Agriculture. The license is valid for five years and is honored throughout the state. The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and shall include the applicant's name, address, place and date of birth, race, and occupation.

In conclusion, if you are a gun owner, or intend to purchase a gun, I strongly recommend that you review the applicable laws to avoid problems. As always, it is important to note, that laws are in a constant state of change. With the current media and political debates concerning gun laws, I highly recommend that all gun owners, and potential gun owners stay as current as possible with gun laws.

(Some excerpts above are from the NRAILA)

-Leonardo G. Renaud