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

Subject/Law Long guns Handguns Relevant Statutes Notes
State license to Purchase? No No None
Firearm registration? No No Chapter 790.335 It is a felony under Florida law to create, maintain or publish any list, record or registry of legally owned firearms or law-abiding firearm owners.
Owner license required? No No None
Assault weapon law? No No None
Magazine Capacity Restriction? No No None
Concealed Carry licenses issued? No Yes Chapter 790.06 Allows concealed possession of handguns, electronic weapons or devices, tear gas guns, knives, or billies, but not long guns or machine guns per Chapter 790.06(1). Concealed carry only; no open carry of firearms allowed, even with license, except when hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
Open Carry? No No Chapter 790.053, Open carry of firearms is generally banned except open or concealed carry is allowed for without a license under 790.25 for certain protected places and activities. Exceptions include in the home, place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
State Preemption of local restrictions? Yes Yes Chapter 790.33
NFA weapons restricted? No No None
Peaceable Journey laws? No No None Federal rules observed.
Duty to inform? No No None Florida law does not require one to disclose one's possession of a firearm on contact with Law Enforcement.
Background checks required for private sales? No No None

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:

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]

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.[15] The open carry ban statute is currently being challenged in Court[16] In 2010, Florida was one of seven states that had a ban on open carrying of a weapon.[17] 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.

Vehicle carry

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

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:

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.[21][22]

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.[23]

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",[24] 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.[25] Only Broward, Hillsborough County Palm Beach, Volusia and Miami-Dade counties have enacted such ordinances.

See also

References

  1. Florida Statutes, Chapter 790: Weapons and Firearms
  2. Florida Statute 790.062 Members and veterans of United States Armed Forces; exceptions from licensure provisions
  3. "Owners face dovetailed laws, rights". Florida Today (Melbourne, Florida). February 3, 2013. pp. 1A.
  4. http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=44848&
  5. http://www.flsenate.gov/Laws/Statutes/2013/790.33
  6. http://www.flsenate.gov/Laws/Statutes/2013/823.05
  7. http://opinions.1dca.org/written/opinions2013/12-10-2013/12-2174.pdf
  8. http://www.flsenate.gov/Laws/Statutes/2013/790.06
  9. http://www.flsenate.gov/Laws/Statutes/2013/311.12
  10. http://www.flsenate.gov/Laws/Statutes/2013/258.157
  11. http://www.flsenate.gov/Laws/Statutes/2013/790.053
  12. Florida Department of Agriculture and Consumer Services – Division of Licensing
  13. http://www.naplesnews.com/news/politics/legislative-committees-pass-bills-allowing-concealed-weapons-on-college-campuses_01997948
  14. Section 790.25 Florida Statutes
  15. Dale Lee Norman v. State of Florida
  16. Flemming, Paul (2 January 2011). "Capital Ideas column:NRA wants to undo Fla. gun law". Florida Today (Melbourne, Florida). pp. 5B.
  17. Florida Statutes, Chapter 790.25(5): Weapons and Firearms]
  18. Florida Statutes, Chapter 790.001(17): Weapons and Firearms]
  19. "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." Source: Florida Statutes, Chapter 790.25(5)]
  20. "Walt Disney World Fires Back on Guns at Work", Orlando Sentinel, July 3, 2008
  21. "After Protesting Gun Rule, Disney Guard is Fired", Orlando Sentinel, July 8, 2008
  22. http://www.flsenate.gov/Laws/Statutes/2013/776.012
  23. Open letter to federal firearms licensees from ATF Miami Field Division, November 28, 2011. Retrieved January 1, 2014 via archive.org.
  24. http://flsenate.gov/Laws/Constitution
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