Mailed in my FL Application Yesterday


KCD1974

New member
Okay, I posted this in the FL forum, but only one response in two days, so I'm hoping for more help here....

First, does it really take 90 days?

Second, to clarify, you can't carry into any restaurant that sells alcohol or do you just have to stay out of the bar area?

Any other tips for avoiding breaking the law? I think I've got the basics, as with most states, no schools, court rooms etc. There seems to be no open carry at all correct? Even if while hunting or does that fall into a different category? The state laws as laid out on the web site a presented in a very non-user friendly way. I'm reading through the laws sent out in the application packet but again, they are show the actual law not the "layman's" version.

As always, I appreciate all the help I receive from this site!
 

I have a question for you, i see you are from mn. Why did you choose fl permit? I have a mn but was looking at utah is fl better?
 
When I got my ccw permit I went into the office and received my permit in 8 business days. I don't know what the turn around time for mailing it may be.

In FL you can carry into a restaurant that serves alcohol but you must stay out of the bar area.
If you sit in the dining area to eat you are good to go. If you have to walk through the bar area to use the restroom you can have an issue.
790.06(12)(a)12. 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;


We have open carry if you are going to and from fishing, camping, and hunting. You can also open carry on your property or place of business.
790.25 (3)(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(n) A person possessing arms at his or her home or place of business;


Statutes & Constitution :View Statutes : Online Sunshine
 
Are you reading Mn or Fl laws, you would need to abide by the laws of Mn while in Mn. And your Fl permit will be invalid if you are in the state of Fl.
 
Are you reading Mn or Fl laws, you would need to abide by the laws of Mn while in Mn. And your Fl permit will be invalid if you are in the state of Fl.
Not quite. Yes he needs to follow MN laws when there. His FL non-resident license is good in FL if he is not a resident. Some states FL doesn't accept and the FL non-resident license is how you stay legal.

As for open carry, on your own or private property that you have a right to be on with owner's permission, fine. Do not do it going to and from hunting/camping/fishing unless you are on private property. Once you step off/drive off, you may get in trouble with the law.
 
I am in IL unfortunately, I took the class in the middle of Sept and mailed in off to FL. I got it on November 11. The instructor in my class said not to even bother checking on it until after Halloween. Hope this helps.
 
Do not do it going to and from hunting/camping/fishing unless you are on private property. Once you step off/drive off, you may get in trouble with the law.

Where did you get that from?
The law does not state that, it states "A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition."
It states nothing about it having to be on private property. Yes the police may stop you to find out why you are open carrying but it is not illegal.
 
Where did you get that from?
The law does not state that, it states "A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition."
It states nothing about it having to be on private property. Yes the police may stop you to find out why you are open carrying but it is not illegal.
Very simple, Florida does not allow open carry except when on private property or when you are hunting/camping/fishing with a permit on state property. You may hike to your hunting place in the park from where you park but as soon as you get in a vehicle, the gun needs to either be concealed with a license to cover it being concealed or empty and securely encased.

790.053 Open carrying of weapons.--

(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

(2) A person may openly carry, for purposes of lawful self-defense:

(a) A self-defense chemical spray.

(b) A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or device which does not fire a dart or projectile and is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

And you are only covered with owning and carrying the weapon, not having it loaded per the section of 790.25.
(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
 
As far as time for the OP to get his back, 2 weeks or so is closer to reality right now. Some people have gotten them back in a week.
 
I have a question for you, i see you are from mn. Why did you choose fl permit? I have a mn but was looking at utah is fl better?

I go to FL a lot for vacation, they don't take UT in FL...so an easy choice for me. Either would have served the purpose for ND which I will now have to go to WAY more often than FL....FL opens as many states as UT I believe....
 
Nice! Two weeks would be great! I know that I have to abide by the laws of the state that I am in. I have a MN permit already so I'm covered there, but you are correct a FL out of state would not allow me to carry in MN, but a FL non-resident does allow me to carry in FL....

Thanks for the tips on open carry...Also, I think if the bathroom at the restaurant I'm eating at had the bathrooms in a place where one had to traverse through the bar to get to them, you'd be okay so long as you don't sit down to rest while traveling to and from lol
 
Very simple, Florida does not allow open carry except when on private property or when you are hunting/camping/fishing with a permit on state property. You may hike to your hunting place in the park from where you park but as soon as you get in a vehicle, the gun needs to either be concealed with a license to cover it being concealed or empty and securely encased.
In FL I can park my car on a public street and walk to my fishing area while open carrying. It doesn't have to be on private property.

And you are only covered with owning and carrying the weapon, not having it loaded per the section of 790.25.
(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
Where in that section does it say that the weapon must be unloaded?
 
In FL I can park my car on a public street and walk to my fishing area while open carrying. It doesn't have to be on private property.


Where in that section does it say that the weapon must be unloaded?

Let's show the current laws as there were some changes last year that the search didn't bring up earlier.
This says what you can carry openly.
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to 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.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Now show me where it says in the entire statute where is says you can open carry in 790.25.

790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(1) DECLARATION OF POLICY.—The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.
(2) USES NOT AUTHORIZED.—
(a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.
(b) The protections of this section do not apply to the following:
1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;
2. Vagrants and other undesirable persons as defined in 1s. 856.02;
3. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors’ gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
(n) A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.
(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.
(4) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

You'll note that nowhere does it say you can open carry a loaded handgun in 790.25. It does say that you can have it concealed in a private conveyance but it must be encased without a license. Note in the above it in bold lettering that handguns do not count.

If you open carry when going or coming with a handgun loaded I would hope you have a lawyer on retainer because you will end up needing their services sooner or later unless you fall under one of the other provisions other than 2.(h) or have a concealed Weapon or Firearm License. All handguns are firearms, but all firearms are not handguns.
 
Let's show the current laws as there were some changes last year that the search didn't bring up earlier.
This says what you can carry openly.

Now show me where it says in the entire statute where is says you can open carry in 790.25.

You'll note that nowhere does it say you can open carry a loaded handgun in 790.25. It does say that you can have it concealed in a private conveyance but it must be encased without a license. Note in the above it in bold lettering that handguns do not count.

If you open carry when going or coming with a handgun loaded I would hope you have a lawyer on retainer because you will end up needing their services sooner or later unless you fall under one of the other provisions other than 2.(h) or have a concealed Weapon or Firearm License. All handguns are firearms, but all firearms are not handguns.

Let's see it in action.
Although I don't like that the guy is kinda trying to bait the cop you can see that he is open carrying while fishing.
 
Now show me where it says in the entire statute where is says you can open carry in 790.25.

Section 790.053 says that you can not open carry in the state of FL

Section 790.25(3) negates 790.053, therefore you can open carry in certain curcumstances outlined in section 790.25(3)(a)thru(p).
Section 790.25(3)(h)states:
A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
So open carry is legal in the instance of engaging in or going to and returning from hunting/fishing/camping.
(as an aside Section 790.25 is also the section that give LEOs the power to open carry.)

Laws are generally put in place to tell us what we can't do not what we can do. When a law tells us we can do something it's normally there to suppliment/ammend/negate the "can't do this" section of law.
If there is no law stating you can't have a loaded weapon then you can have a loaded weapon.
No where in section 790.25 does it say that a weapon must be unloaded while open carrying nor does it say that a weapon can not be carried loaded, therefore you can open carry a loaded weapon.

Section 790.25(5) is talking about concealed carry, not open carry to and from a hunting/fishing/camping. BUT I'm going to double check that section to make sure as it is a bit fuzzy.
 
Now show me where it says in the entire statute where is says you can open carry in 790.25.

Ok, how about HERE:

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 DO NOT APPLY in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(h) A person engaged in fishing, camping, or lawful hunting or GOING TO or RETURNING FROM a fishing, camping, or lawful hunting expedition;
 
Guess you both missed the bolded part in private conveyances.
Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use.
Note the private conveyance of a handgun is still regulated. You can open carry a shotgun in your vehicle. You can hide that gun also. But handgun rules still apply.
 
Guess you both missed the bolded part in private conveyances. Note the private conveyance of a handgun is still regulated. You can open carry a shotgun in your vehicle. You can hide that gun also. But handgun rules still apply.

I did address that.
 

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