Concealed Carry Law State of Florida

Concealed Carry Law State of Florida

This is a discussion on Concealed Carry Law State of Florida within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am retired in FL and to supplement my SS I recently accepted a job in a local liquor store that allows drinking on presmisses. ...

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Thread: Concealed Carry Law State of Florida

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    Member Array beckavebob's Avatar
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    Concealed Carry Law State of Florida

    I am retired in FL and to supplement my SS I recently accepted a job in a local liquor store that allows drinking on presmisses. As an "employee" am I exempt from law not permitting concealed carry in such establishments? I am a little concerned because I will be working till 4AM closing and during the last 3 yrs the place has been armed robbed 3 times! Advice?


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    Seeing as alcohol is served there, that would most likely place it in the definition of a bar. A CWFL would not in itself allow carry there.

    All I could find is this from FS 790.25, Lawful ownership, possession, and use of firearms and other weapons:
    (n) A person possessing arms at his or her home or place of business;

    I persume this applies to "owner" only, not employees. I'd consult a lawyer on specific application. What's is the business owner's position on firearms in his business--customer or employee alike?
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

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    This is in no way legal advice, but to my knowledge you can carry open or concealed in a business as an employee as long as you have the owner's permission.

    You can also carry in your car even if firearms aren't allowed in your job (so long as they're not banned by law: schools, gov't buldings, etc).

    I also believe that CCW is legal in the 'non-bar' bart of the store, but not at the bar itself.

    I'd get a real legal opinion if I was you. Things like that could have a negative impact on the liquor license itself.
    I think I should be able to claim my guns as dependents on my taxes. I have to clothe them, feed them, clean them when they get dirty, keep them safe from bad people...

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    Where does the owner stand in all of this or is it not an option to ask because if you can carry they are going to have to approve of it anyway for it to be legal if you can. it could be from a financial stand point it might be cheaper in the long run to get robbed then fight it out. Clearly if someone gets hit in a shoot out and the owner ok's a gun then they are responsible for damages that accrue

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    Thank's to all! Contacted a Jacksonville Attorney who specializes in concealed carry. He didn't know the answer and referred me to Dept. Of Agriculture. Anybody know another lawyer in FL?

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    Thank's to all! Contacted a Jacksonville Attorney who specializes in concealed carry. He didn't know the answer and referred me to Dept. Of Agriculture. Anybody know another lawyer in FL?

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    Thank's to all! Contacted a Jacksonville Attorney who specializes in concealed carry. He didn't know the answer and referred me to Dept. Of Agriculture. Anybody know another lawyer in FL?

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    Thank's to all! Contacted a Jacksonville Attorney who specializes in concealed carry. He didn't know the answer and referred me to Dept. Of Agriculture. Anybody know another lawyer in FL?

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    Quote Originally Posted by OldVet View Post
    Seeing as alcohol is served there, that would most likely place it in the definition of a bar. A CWFL would not in itself allow carry there.

    All I could find is this from FS 790.25, Lawful ownership, possession, and use of firearms and other weapons:
    (n) A person possessing arms at his or her home or place of business;

    I persume this applies to "owner" only, not employees. I'd consult a lawyer on specific application. What's is the business owner's position on firearms in his business--customer or employee alike?
    790.25(3)(n) applies to all employees and "permission" from the owner or management is not a prerequisite.

    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:

    (n) A person possessing arms at his or her home or place of business;
    and there is plenty of case law on the subject .......

    BROOK v. STATE

    Allie BROOK, Appellant, v. STATE of Florida, Appellee.

    No. 5D07-3030.

    -- January 09, 2009
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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    "790.25(3)(n) applies to all employees and "permission" from the owner or management is not a prerequisite."

    And Gutmacher states on page 110 of his book that carrying without business owner's concent may be grounds for dismissal. So we're back to carrying or having a job in that aspect. That's why I asked what the business owner's position is in regards to his employees carrying at work. He does have the right to say no and dismiss an employee who does otherwise. One may have the "right" to carry, but a business owner also has the right to employ only those who don't carry.

    If I were a business owner and I was inclined to declare my business to be gunfree, then I would certainly be within my right to dsimiss anyone who violated my company policies--whether they possessed a permit or not. Likewise, I could also have as policy that guns must be concealed, openly carried, or either of the two means. Remember that a business, unless "publicly owned" is private--whether open to the public or not--just as one's home is considered.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

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    sgb
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    Quote Originally Posted by OldVet View Post
    "790.25(3)(n) applies to all employees and "permission" from the owner or management is not a prerequisite."

    And Gutmacher states on page 110 of his book that carrying without business owner's concent may be grounds for dismissal. So we're back to carrying or having a job in that aspect. That's why I asked what the business owner's position is in regards to his employees carrying at work. He does have the right to say no and dismiss an employee who does otherwise. One may have the "right" to carry, but a business owner also has the right to employ only those who don't carry.

    If I were a business owner and I was inclined to declare my business to be gunfree, then I would certainly be within my right to dsimiss anyone who violated my company policies--whether they possessed a permit or not. Likewise, I could also have as policy that guns must be concealed, openly carried, or either of the two means. Remember that a business, unless "publicly owned" is private--whether open to the public or not--just as one's home is considered.
    As Florida is a right to work state you are 100% correct. However that is not what the OP asked about.
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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    Old Vet, thank u for input & case law! I was about to be lost in a 'sea" of opinions! I am going to to choose to carry, once trained and leave it up to my good sense as an CWP holder to apply force only when appropriate! If that ever happens, I didn't need the job anyway. As they say on this site, better have 12 judge than 12 carry! Thank's Bob.

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    Quote Originally Posted by bolocanolo View Post
    I highly recommend picking up his book if you have a CCW in Florida. Go through his site and get the latest edition. Don't buy an old edition as the laws frequently change.

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    OP, I would seek legal advice on two issues:
    1. Being as alcohol is sold and "served" at this place of employment (and apparently it is not a restaurant), does this cause it be be a prohibited place for concealed firearms per state statute?
    2. Seeing as 790.25 (3) (n) apparently includes employees(though not specificly defined as such) in lawful carry, if with owner's permission, is OC and/or CC still permissable regardless of type of business--with or without any permits?

    Whether or not the owner allows firearms on his premises is a matter of employment condition--not a violation of state law itself. That's the only point I was trying to make as to the owner's position.

    And I believe the latest edition of Gutmacher's book is Edition Seven. It does not have the latest changes in FL gun laws such as incidental exposure of CC, etc. Updates are available on his website.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

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