Questions about Florida

Questions about Florida

This is a discussion on Questions about Florida within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am planning a vacation to either Daytona Beach or Panama City this summer down in Florida. I have a few questions regarding carry in ...

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    Distinguished Member Array Pro2A's Avatar
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    Questions about Florida

    I am planning a vacation to either Daytona Beach or Panama City this summer down in Florida. I have a few questions regarding carry in Florida. I have both my PA LTCF and my non-res FL CCL. I plan to drive down. So I need a basic low down on do’s and don’t in the ‘Gunshine’ State. About all I know in Florida is it is a non-OC state and they have castle doctrine.

    1. A list of places off limits.
    2. Am I required to notify a LEO if stopped?
    3. Do ‘No Gun’ signs hold any legal weight?
    4. To what extent does your Castle Doctrine cover?

    Thanks.


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    Senior Member Array GoBigOrange's Avatar
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    1) http://handgunlaw.us/states/florida.pdf
    2) no--but always recommended IMO
    3)no-but if caught carrying somehow you must leave if they ask you to do so.
    4)not sure exactly

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    Everything you ever wanted to know about FL : Concealed Weapons or Firearm Program - Division of Licensing, FDACS

    There is no requirement to notify.

    Most signs have no legal weight. Bear in mind that Federal property (parks, attractions like Kennedy Space Center, etc) doesn't have to play by state law - and they don't.

    Castle doctrine extends to your hotel room and your occupied vehicle. Outside those, there is no duty to retreat but you must be legitimately resisting the commission of a forcible felony.

    Matt
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    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    Quote Originally Posted by MattInFla View Post
    Everything you ever wanted to know about FL : Concealed Weapons or Firearm Program - Division of Licensing, FDACS

    There is no requirement to notify.

    Most signs have no legal weight. Bear in mind that Federal property (parks, attractions like Kennedy Space Center, etc) doesn't have to play by state law - and they don't.

    Castle doctrine extends to your hotel room and your occupied vehicle. Outside those, there is no duty to retreat but you must be legitimately resisting the commission of a forcible felony.

    Matt
    "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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    FLORIDA FIREARMS Law, Use & Ownership Book | Orlando Criminal Defense Lawyer Jon H. Gutmacher

    Those living in and those visiting sunny F - L - A would do well to own a copy.

    dan

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    When I applied for my FL CCL, I received a packet with the do's and dont's... I couldn't for the life of me find it. Most off limits places should not affect my travel. With the exception of one... Can I still enter a bar or restaurant with alcohol even if I am not drinking?

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    Bars are a no go. Restaurants with a bar are OK, but you have to stay out of the bar area.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    "4. To what extent does your Castle Doctrine cover?" It extends to any place you have the legal right to be.

    "Can I still enter a bar or restaurant with alcohol even if I am not drinking?" Bar (tavern), no; restaurant, yes. Cannot enter the bar area of restaurant though. In fact, you are not prohibited from drinking (not advised) while carrying, and can "use" your firearm in legitimate SD having consumed alcohol--but again, not advised and asking for trouble.

    FL firearm laws are very much common-sense laws. Inadvertant eposure of the firearm is not a violation, although many LEOs are not up to speed on recent HG law changes. With or without a CWFL, anyone not prohibited from firearm possession and over 18 can conceal a firearm within a private vehicle--loaded--but not "on the person." It must be securely encased, IE. inside a closed container (not required to be locked) or a "snapped holster" (and that's something many LEOs don't understand.).
    Retired USAF E-8. Lighten up and enjoy life because:
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    Senior Member Array swinokur's Avatar
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    If you are driving, SC does not honor PA or non resident permits. You can have the weapon in your glove box IIRC.

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    Quote Originally Posted by OldVet View Post
    "4. To what extent does your Castle Doctrine cover?" It extends to any place you have the legal right to be.
    This is a common misconception.

    The "Castle Doctrine" in Florida refers to the presumptions in FS 776.013. These legal presumptions are that a person using deadly force against an intruder is conclusively presumed to have been in reasonable fear of imminent death or great bodily harm, and than any intruder who unlawfully and forcibly enters a dwelling, residence or occupied vehicle does so with the intent of committing a forcible felony. These two presumptions only apply in your residence, dwelling or occupied vehicle. A rented hotel room qualifies as a dwelling.

    The "Stand your ground" law (776.012) in Florida covers any place you have a lawful right to be. It says you are not required to flee or attempt to flee before using force to defend yourself or another. It does not convey the same presumptions that 776.013 does. In practical terms, this means that outside the home or vehicle, the question of whether or not you were in reasonable fear for your life will be answered by the police / prosecutor (or jury if you're really unfortunate). Inside the home / vehicle, on the other hand, the question is already decided in your favor by the law.

    In either case, you are immune from civil liability to the assailant (or family as applicable) if you demonstrate that the assailant was committing or attempting to commit a forcible felony. Bear in mind, this civil immunity applies only to the assailant and his/her heirs or successors. If a bystander is harmed, you may still be liable.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    Senior Member Array swinokur's Avatar
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    Matt-excellent anlysis and summation

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    Quote Originally Posted by swinokur View Post
    If you are driving, SC does not honor PA or non resident permits. You can have the weapon in your glove box IIRC.
    You are correct. I've looked into that.

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    Quote Originally Posted by MattInFla View Post
    This is a common misconception.


    Matt
    Excellent detailed explanation of the two different rules. My point remains, one can legally defend one's self just about anywhere in FL without becoming entangled in castle doctrine, obligation to retreat, etc.
    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... "For What It's Worth" Buffalo Springfield

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    can't carry anywhere on Disney property if you make it over Orlando way. Its private property, and they no like guns since they are trying to reflect a friendly, happy family environment. Of course, as soon as you drive off the property you are fair game for all the thugs that prey on unarmed tourists.

    If you are carrying your weapon on your person concealed, you are fine. If you are carrying anywhere else in your vehicle off your person, the weapon must be securely secured in a fanny pack, brief case, holster etc. Don't just leave it lying unsecured in your front seat. It must be secured and encased. Covering it up with a blanket or towel is no good.
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    Quote Originally Posted by zonker1986 View Post
    If you are carrying your weapon on your person concealed, you are fine. If you are carrying anywhere else in your vehicle off your person, the weapon must be securely secured in a fanny pack, brief case, holster etc. Don't just leave it lying unsecured in your front seat. It must be secured and encased. Covering it up with a blanket or towel is no good.
    not quite right,
    If you have a CWFL you sure could toss it on the seat next to you and put a towel over it. For a CWFL holder the only requirement is that the gun cannot be in plain sight

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