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Thread: Florida Laws Regarding Concealed Carry

  1. #1
    Member adog88's Avatar
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    Florida Laws Regarding Concealed Carry

    I have done my research to save my butt if needed:
    I myself have had many questions and had to undergo hours of research to get the answers I needed.

    When Can I use my gun?

    1.To Protect your self or another from great bodily harm or death
    2.To prevent a forcible felony: Robbery, Kidnapping, Rape, ect
    3.To Protect your self in your dwelling against unauthorized intruders:home/car/business.
    4. YOU CAN NOT use deadly force to protect property, ie- someone stealing a tool from the bed of your truck

    Places you cannot carry your gun:

    any place of nuisance as defined in s. 823.05
    any police, sheriff, or highway patrol station
    any detention facility, prison, or jail; any courthouse
    any 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, college, or professional athletic event not related to firearms
    any school administration building
    any portion of an establishment licensed to dispense alcoholic beverages for consumption*
    any elementary or secondary school facility
    any area technical center
    any college or university facility*
    inside the passenger terminal and sterile area of any airport*
    any place where the carrying of firearms is prohibited by federal law ****ANY FEDERAL BUILDING**** THIS INCLUDES POST OFFICES, THE BUILDINGS AT NATIONAL PARKS. YOU MAY CARRY AT THE PARK, BUT NOT IN THE BUILDINGS. restrictions apply.

    1. any portion of an establishment licensed to dispense alcoholic beverages for consumption** Yes you may carry into a restaurant that serves liquor, but you can't sit at the bar, nor can you enter a bar only. You may enter a liquor store only if alcohol is consumed off premisis.

    **PRINTING** - The visual confirmation someone is carrying a gun by seeing the outline of such through the clothing. THIS IS A BIG ISSUE WITH ALL. Concealed carry is a way of life. You have to adjust your clothing style. When I shop for clothing, I get my clothes waist a little bigger to leave room for my gun in my waist band. I buy shirts that are a little longer than usual so there is no chance that the gun will be seen if I bend over. When shopping for clothes, bring your weapon and try clothes on with it. If it is not comfortable then you will not wear it. NO GUN, NO PROTECTION.

    If you have a specific question, leave a reply and I will get back with you.


    LEGAL ADVISE IS NOT GUARANTEED AS LAWS CHANGE, NOTHING IN THE FOURM IS EXPRESSED OR IMPLIED! I AM NOT A LAWYER!!!!!!!!!!!!!!!!!
    Last edited by adog88; 08-10-2009 at 03:11 PM.

  2. #2
    Senior Member MiklColt45's Avatar
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    Quote Originally Posted by adog88 View Post
    I have done my research to save my butt if needed:
    I myself have had many questions and had to undergo hours of research to get the answers I needed.

    When Can I use my gun?

    1.To Protect your self or another from great bodily harm or death
    2.To prevent a forcible felony: Robbery, Kidnapping, Rape, ect
    3.To Protect your self in your dwelling against unauthorized intruders:home/car/business.
    4. YOU CAN NOT use deadly force to protect property, ie- someone stealing a tool from the bed of your truck

    Places you cannot carry your gun:

    any place of nuisance as defined in s. 823.05
    any police, sheriff, or highway patrol station
    any detention facility, prison, or jail; any courthouse
    any 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, college, or professional athletic event not related to firearms
    any school administration building
    any portion of an establishment licensed to dispense alcoholic beverages for consumption*
    any elementary or secondary school facility
    any area technical center
    any college or university facility*
    inside the passenger terminal and sterile area of any airport*
    any place where the carrying of firearms is prohibited by federal law ****ANY FEDERAL BUILDING**** THIS INCLUDES POST OFFICES, THE BUILDINGS AT NATIONAL PARKS. YOU MAY CARRY AT THE PARK, BUT NOT IN THE BUILDINGS. restrictions apply.

    1. any portion of an establishment licensed to dispense alcoholic beverages for consumption** Yes you may carry into a restaurant that serves liquor, but you can't sit at the bar, nor can you enter a bar only. You may enter a liquor store only if alcohol is consumed off premisis.

    **PRINTING** - The visual confirmation someone is carrying a gun by seeing the outline of such through the clothing. THIS IS A BIG ISSUE WITH ALL. Concealed carry is a way of life. You have to adjust your clothing style. When I shop for clothing, I get my clothes waist a little bigger to leave room for my gun in my waist band. I buy shirts that are a little longer than usual so there is no chance that the gun will be seen if I bend over. When shopping for clothes, bring your weapon and try clothes on with it. If it is not comfortable then you will not wear it. NO GUN, NO PROTECTION.

    If you have a specific question, leave a reply and I will get back with you.


    LEGAL ADVISE IS NOT GUARANTEED AS LAWS CHANGE, NOTHING IN THE FOURM IS EXPRESSED OR IMPLIED!
    adog,

    Have you taken your CWFL class yet? If not, I would recommend you get on it. In addition, go to http://www.flsenate.gov/Statutes/ind...EChapter%20790

    Finally, pick up Gutmacher's Florida Firearms Law, and read it. Then read it again, with a marker and post-it notes.

    It could save your butt.

  3. #3
    Quote Originally Posted by MiklColt45 View Post
    adog,

    Have you taken your CWFL class yet? If not, I would recommend you get on it. In addition, go to http://www.flsenate.gov/Statutes/ind...EChapter%20790

    Finally, pick up Gutmacher's Florida Firearms Law, and read it. Then read it again, with a marker and post-it notes.

    It could save your butt.
    where can you pick up that book?

  4. #4
    Super Moderator Steve48's Avatar
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    It's available on line from Gutmacher's site, http://www.floridafirearmslaw.com/ , but frankly you can get a better price at some gun shows and gun shops.
    Steve
    NRA Life Member

  5. #5
    Quote Originally Posted by Steve48 View Post
    It's available on line from Gutmacher's site, http://www.floridafirearmslaw.com/ , but frankly you can get a better price at some gun shows and gun shops.
    Cool, thanks. We have a gun show this weekend in miami. Trying to make it but I've got to work Sat.

  6. #6
    Super Moderator Rvrctyrngr's Avatar
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    Soooooooooo many thoughts/choices.

    Thanks for the info, adog. Appreciate it. I'll get back to you if I have a question.

    Welcome to the forum. Lots to learn here.
    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

    ...against ALL enemies, foreign AND domestic.

  7. #7
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    Then again, there's always your local library. They wouldn't let me check it out but a couple of hours a day didn't take long and I just copied select pages. I'm "interpreting" FS 790.06 (12), Mr. Gutmacher's take on page 68 and this from the Division of Licensing: "However, many restaurants today serve such (alcoholic) beverages. These establishments are not "primarily devoted" to the sale of alcoholic beverages. Licensees may carry a weapon or firearm into such a restaurant as long as they do not enter the lounge area, if the restaurant does have a separate space so designated.
    (Emphasis added)

    It's been argued that Outback, Applebees and Carrabba's have their bar area, but is a place like Hooter's or Stevie Tomato's, without one any less a "restaurant" They're all licensed by Dept of BPR for "permanent food service" and "retail beverage"

    There seems to be a bit of grey here (or am I just too dumb to see the forest for the trees?) Case law in this area seems thin to nonexistant, no?

    (I am not a lawyer but I watched one on TV.)

    Anyone care to interpret along?
    "From my cold dead hands!"

  8. #8
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    Quote Originally Posted by Cape Jack View Post
    Then again, there's always your local library. They wouldn't let me check it out but a couple of hours a day didn't take long and I just copied select pages. I'm "interpreting" FS 790.06 (12), Mr. Gutmacher's take on page 68 and this from the Division of Licensing: "However, many restaurants today serve such (alcoholic) beverages. These establishments are not "primarily devoted" to the sale of alcoholic beverages. Licensees may carry a weapon or firearm into such a restaurant as long as they do not enter the lounge area, if the restaurant does have a separate space so designated.
    (Emphasis added)

    It's been argued that Outback, Applebees and Carrabba's have their bar area, but is a place like Hooter's or Stevie Tomato's, without one any less a "restaurant" They're all licensed by Dept of BPR for "permanent food service" and "retail beverage"

    There seems to be a bit of grey here (or am I just too dumb to see the forest for the trees?) Case law in this area seems thin to nonexistant, no?

    (I am not a lawyer but I watched one on TV.)

    Anyone care to interpret along?
    I think in florida a business is devoted entirely to alcohol only if they allow smoking in the establishment. I interpret it as if there is smoking allowed inside, you can't carry. If there is a patio area with a bar and allows smoking, you can't carry. Anywhere else in the restaurante is ok except if your sitting at the actual bar in a place like outback, applebees, etc.

  9. #9
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by Cape Jack View Post
    Then again, there's always your local library. They wouldn't let me check it out but a couple of hours a day didn't take long and I just copied select pages. I'm "interpreting" FS 790.06 (12), Mr. Gutmacher's take on page 68 and this from the Division of Licensing: "However, many restaurants today serve such (alcoholic) beverages. These establishments are not "primarily devoted" to the sale of alcoholic beverages. Licensees may carry a weapon or firearm into such a restaurant as long as they do not enter the lounge area, if the restaurant does have a separate space so designated.
    (Emphasis added)

    It's been argued that Outback, Applebees and Carrabba's have their bar area, but is a place like Hooter's or Stevie Tomato's, without one any less a "restaurant" They're all licensed by Dept of BPR for "permanent food service" and "retail beverage"

    There seems to be a bit of grey here (or am I just too dumb to see the forest for the trees?) Case law in this area seems thin to nonexistant, no?

    (I am not a lawyer but I watched one on TV.)

    Anyone care to interpret along?
    Never heard of Stevie Tomato's, but I carry in Hooters' all the time. One has no 'bar' area to speak of, just a spot at the counter where the 'bartender' hands out pitchers and singles to the waitresses. One does have a 'bar', and I just don't sit anywhere near there. No worries.

    Galp1 has stated my normal rule of thumb (not a legal litmus test by any means)...If there is alcohol served and I can smoke, I don't carry.

    If you have to think too hard about whether or not you can carry in a particular establishment, you probably shouldn't (rule of thumb #2).
    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

    ...against ALL enemies, foreign AND domestic.

  10. #10
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    Smoking?

    Never heard of the smoking bit and I've been keeping up with FS790 for years. Hooters here have outside bars and smoking - inside bars and no smoking. Diamond Billiards in Cape Coral permits smoking inside (strip mall - no outside services) and is licensed for "Permanent Food Service" as well as "Retail Beverage" by the Department of Business and Professional Regulation.

    Catch 22? Grey areas abound and I haven't been able to find any case law on the question. I'm confident that if some concealed permit holder had to respond to a crazed lunatic in a local Hooters, that no charges would be brought and if pressure were applied to do so, no jury would convict.

    If you're carrying "concealed" no one knows and this is all moot. If you carry carelessly and draw attention to yourself, you deserve whatever attention and scrutiny you get.
    "From my cold dead hands!"

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