Florida Concealed Carry License question

C

C.R.Sam

New member
Heard there is a non resident Florida CCL.
Three sites with Florida gun law and no mention. Including NRA ILA.
1. Is there such a critter ?
2. If so...does it enjoy the same honor by other states as the resident license ?

I would appreciate any links to back up answers.

Thanks

Sam...Don't try to confuse me, I beat you to it.
 
H

Hkmp5sd

New member
The State of Florida will issue a license to ANY US Citizen.....



Eligibility Requirements:

You must be a legal U.S. resident.
You must be 21 years of age or older.
You must be able to demonstrate competency with a firearm.


http://licgweb.dos.state.fl.us/weapons/eligible.html

This is the actual law itself:

790.06 License to carry concealed weapon or firearm.--

(1) The Department of State is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section.


http://www.leg.state.fl.us/Statutes...e&Search_String=&URL=Ch0790/SEC06.HTM&Title=->2000->Ch0790->Section%2006


And these states accept the Florida CCW:


Alabama
Alaska
Arkansas
Georgia
Idaho
Indiana
Kentucky
Louisiana
Michigan
Mississippi
Montana
New Hampshire
North Dakota
Pennsylvania
South Dakota
Tennessee
Texas
Utah
Vermont
Wyoming


http://licgweb.dos.state.fl.us/news/concealed_carry.html
 
G

gregorytech

New member
Yes... Mostly

Check out www.packing.org for answers to these kinds of questions.

There is such an thing as a Florida non-resident permit. As of right now, 20 states honor it. Most reciprical states (but not all) will honor both resident and non-resident permits. www.packing.org has this information and more.

Hope this help.

Greg
 
G

GunGeek

New member
There is such an thing as a Florida non-resident permit. As of right now, 20 states honor it. Most reciprical states (but not all) will honor both resident and non-resident permits. www.packing.org has this information and more.
Click to expand...
Actually I called the Florida DOS since I was getting a FL permit but was planning to move to the state soon and wanted to know what I had to do to transfer it to a resident permit then. I was told "There is no such thing as a non-resident permit, the same permit is given no matter what state you live in." This seems to have a weird legal twist since many states only wish to accept the resident permit. Here the DOS is claiming there is no diffrence, all people get the same permit. Would be interesting to look into.

Also since we are on the subject. Anyone know if it is legal to have a gun in your parked car on public school grounds in FL? Got a job at a School in the town I am moving too. I know my CCW dosen't count on school grounds, but can I leave it in the car or do I have to leave it at home? Hate to go somewhere after work and have it sitting at home when I need it.
 
H

Hkmp5sd

New member
Anyone know if it is legal to have a gun in your parked car on public school grounds in FL?
Click to expand...

Yes.

790.115 Possessing or discharging weapons or firearms on school property prohibited; penalties; exceptions.-
(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.
(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:
1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;
2. In a case to a vocational school having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5).


790.25 Lawful ownership, possession, and use of firearms and other weapons.-

(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.


http://licgweb.dos.state.fl.us/downloads/ch790.txt


Most reciprical states (but not all) will honor both resident and non-resident permits.
Click to expand...


4) Florida issues concealed carry licenses to qualified individuals regardless of whether or not they are Florida residents. MICHIGAN and NEW HAMPSHIRE will honor the Florida license ONLY IF the license holder is a legal resident of Florida.


http://licgweb.dos.state.fl.us/news/concealed_carry.html
 
C

C.R.Sam

New member
Good folks...
Thank you for the input.

No wonder I found it confusing.

Received from another source that Arkansas State Police will not honor a Florida License unless the holder is a Florida Resident.

Sam
 
T

Travis Beck

New member
The only difference between residents and non-residents of Florida in regards to a Florida CCW licesne are in the renewal requirements.

A Florida resident is not required to resubmit a fingerprint card upon renewal (for another five years) of the license. Non-residents of Florida must resubmit this fingerprint card. Thus the renewal costs for non-residents are higher since Florida passes the expense of the FBI processing the fingerprints on to the licensee.

As for what states honor a Florida CCW issued to a non-resident of Florida, that is best determined on a case by case basis.
 
N

nascarnhlnra

New member
When you look over the list on Fl's website there is a key beside some states which have specific restrictions to honor only resident permits and stuff like that.
 
J

jrsower

New member
So am I to understand....

that if I get a non rez permit from Florida (I live in NC) it will be honored in all the other states listed? Since NC still hasn't caught up to the reciprocity bus, that seems like the way to go for me.

Is that correct?
 
N

nascarnhlnra

New member
All except for Michigan and New Hampshire those two only honor Fl resident permits. Alabama is a bit questionable when it comes to nonresident permits too. I wish NC would offer recip with Fl I travel there alot and love the mountains but next year we will be vacationing in TN since they DO offer recip with Fl.The gun laws in NC are NOT traveler friendly.
 
G

gregorytech

New member
However...

... 3. In a vehicle pursuant to s. 790.25(5).

However, any school board (not the principal) can write a policy prohibiting even that.
 
H

Hkmp5sd

New member
However, any school board (not the principal) can write a policy prohibiting even that.
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State law preempts local laws and ordnances. That was one of the major changes in 1987 when the law was passed. Used to be each county had their own laws. The only way the school board could stop it is if you are an employee and then all they could really do is fire you.
 
G

gregorytech

New member
Possibly, Bad Advice...

State law preempts local laws and ordnances. That was one of the major changes in 1987 when the law was passed. Used to be each county had their own laws. The only way the school board could stop it is if you are an employee and then all they could really do is fire you.
Click to expand...

According to John H. Gutmacher, attorney, and author of "Florida Firearms Law, Use & Ownershop - Fourth Edition" page 115 and 116, the school district may adopt a policy prohibiting firearms in vehicles parked on campus, despite "preemtion". :(

I'd consult a lawyer and the statues.

[edited to add statute referenced above]

790.115 - ....[snip] A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm: [... 1 and 2 snipped ...]

3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, vocational school, or postsecondary school, whether public or nonpublic

[one more edit]

Violation of the above is a felony. :(
 
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G

GunGeek

New member
A Florida resident is not required to resubmit a fingerprint card upon renewal (for another five years) of the license. Non-residents of Florida must resubmit this fingerprint card. Thus the renewal costs for non-residents are higher since Florida passes the expense of the FBI processing the fingerprints on to the licensee.
Click to expand...

Ok, so if I apply as a non resident but then move there do I have to do fingerprinting next time?

3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.
Click to expand...

This seems to apply to students with parking privleges, anyone know if this can be made to apply to employees?
 
G

gregorytech

New member
It Applies to Faculty, Read it Again

Ok, so if I apply as a non resident but then move there do I have to do fingerprinting next time?
Click to expand...

Make sure you properly change your address with the licensing division (will soon be Dept of Agriculture, it's currently the Dept of State). That's a good question and I'm not sure. I would guess that you wouldn't since it's the same permit, but now with a Florida address.


This seems to apply to students with parking privleges, anyone know if this can be made to apply to employees?
Click to expand...

Take another look. It says "...for purposes of student and campus parking privileges..."

Which reads to me, that it applies to anyone parking on school grounds. Attorney Jon Gutmacher says the same in his book. (BTW, do get this book if you're going to carry in Florida. Higly recommended).
 
H

Hkmp5sd

New member
I'm not a lawyer (thank god), but I find no where in 790 any reference to "except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges."



I DO find that the state laws says:


790.33 Field of regulation of firearms and ammunition preempted.-
(1) PREEMPTION.-Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed forthe purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
(2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.-



As such, under my uneducated opinion, only those that fall under the authority of the School Board can have any restrictions placed on them regarding this issue. That would be employees and students.

I know of teachers that do carry in their cars in school parking lots. I know of no local schools claiming to prohibit adults from having guns in their vehicles.
 
M

Mushinto

New member
Actually I called the Florida DOS since I was getting a FL permit but was planning to move to the state soon and wanted to know what I had to do to transfer it to a resident permit then. I was told "There is no such thing as a non-resident permit, the same permit is given no matter what state you live in." This seems to have a weird legal twist since many states only wish to accept the resident permit. Here the DOS is claiming there is no diffrence, all people get the same permit. Would be interesting to look into.
Click to expand...
The only way to tell the difference is that your address on the permit will indicate that you are from another state.
ML
 
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