Let's see if I have the FL laws right...

This is a discussion on Let's see if I have the FL laws right... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'll be in the Gunshine State for work next week, and want to make sure I have the legal stuff down. Just got off handgunlaw ...

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Thread: Let's see if I have the FL laws right...

  1. #1
    Distinguished Member Array kazzaerexys's Avatar
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    Let's see if I have the FL laws right...

    I'll be in the Gunshine State for work next week, and want to make sure I have the legal stuff down. Just got off handgunlaw and would like someone to give me a reality check...

    So, I can't carry anywhere that looks, smells, or quacks like a school, court, prison, gov't facility, or nuthouse. I don't plan on visiting any brothels or casinos, so no "nuisance locations" for me. No carry in bars, but if I stay out of the bar, I can carry in Applebee's. That about right?

    Specific questions I have:
    • Signs mean nothing unless asked to leave, right?
    • Is there a specific prohibition on having a drink while carrying?


    Thanks for your help, folks.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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  3. #2
    Member Array xikle's Avatar
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    1. Yep, signs pretty much have no legal standing, but you have to leave if asked.

    2. I believe you can, but you have to stay under the legal limit for driving, but I'm not sure. I don't drink when I'm out while carrying. I'm sure someone else more knowledgible will be able to chime in on this one.

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    Quote Originally Posted by kazzaerexys View Post
    I'll be in the Gunshine State for work next week, and want to make sure I have the legal stuff down. Just got off handgunlaw and would like someone to give me a reality check...

    So, I can't carry anywhere that looks, smells, or quacks like a school, court, prison, gov't facility, or nuthouse. I don't plan on visiting any brothels or casinos, so no "nuisance locations" for me. No carry in bars, but if I stay out of the bar, I can carry in Applebee's. That about right?

    Specific questions I have:
    • Signs mean nothing unless asked to leave, right?
    • Is there a specific prohibition on having a drink while carrying?


    Thanks for your help, folks.
    You got it...
    When in Applebee's, stay out of the bar area, but you can have a drink with your meal in the restaurant portion of the establishment.
    Signs = zip, nada, nothing, zero...I doubt that you will even see one.

    (If someone asks you to leave...armed or not...you still must leave or face trespassing difficulties...not good when armed.)

    Enjoy the trip...spend lots of money, we need it!

    Stay armed...gotta' love the GunShine State...stay safe!
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    Member Array rex03's Avatar
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    ^, +1 on that. Great way to say it also.. Enjoy your stay down here alike!
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    Distinguished Member Array TerriLi's Avatar
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    Bingo, you hit the nail on the head.
    I know not what this "overkill" means.

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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by xikle View Post

    2. I believe you can, but you have to stay under the legal limit for driving, but I'm not sure. I don't drink when I'm out while carrying. I'm sure someone else more knowledgible will be able to chime in on this one.
    Not quite. There is absolutely no limit placed on carrying while drinking, or even when intoxicated. There is a prohibition against having a loaded gun in your hand while intoxicated. An exception to that prohibition is made in the case of lawful self-defense.

    Note, the forgoing was simply to explain the law. I have no desire to debate the merits of drinking while carrying.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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    Senior Member Array FastDraw's Avatar
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    Quote Originally Posted by David in FL View Post
    Not quite. There is absolutely no limit placed on carrying while drinking, or even when intoxicated. There is a prohibition against having a loaded gun in your hand while intoxicated. An exception to that prohibition is made in the case of lawful self-defense.

    Note, the forgoing was simply to explain the law. I have no desire to debate the merits of drinking while carrying.
    That's interesting David..... I will be visiting FL during August.

    edit: BTW, I see a couple of you list locations as "central Florida"... I'm going to Sarasota and Siesta Key to visit inlaws..... Is that considered "central Florida"? Thanks
    Last edited by FastDraw; June 25th, 2009 at 10:34 AM. Reason: to add a question

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    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by FastDraw View Post
    .....BTW, I see a couple of you list locations as "central Florida"... I'm going to Sarasota and Siesta Key to visit inlaws..... Is that considered "central Florida"? Thanks
    Central Florida is everything between Miami and Jacksonville.

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    cmb
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    No sporting events

    I started this thread this morning and had no replys yet, let me place it here and see what you all think...

    I live in florida and as far as I understand the law you cannot carry to a sporting event. I enjoy going to one kind of sport and park in the most well lit area I can, and the path I walk is lined with police officers directing traffic and observing the crowd. The issue is if I ever need my firearm it will likely be on the walk or in the parking garage. At a game it would be hazardous to draw because of the crowd factor, unless it was upclose and very personal (course can't carry so doesn't matter), on the walk there are officers and drawing a weapon could cause them confusion on who is the BG, but in the parking garage between cars, the feasible use and possibilty of an attack increases. How can you carry in the parking lot but not at the event? Seems like an unavoidable catch22... The idea behind CC is no one knows, but if you needed it and the circumstances are right and you used it you violated the law, knowingly? Could you loose your CCP or just pay the fine do the court thing, pray the jury sides with you and go on? Seems like a precarious situation but not as bad as dead.

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    Senior Member Array LeCalsey's Avatar
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    Florida is a generally gun-friendly state as long as it's CONCEALED. Reminds me of "Don't ask, don't tell" a bit down here. They don't want a bunch of scared tourists runnin away calling cops because you OC. That is a big no no here. Otherwise, enjoy the stay (And rember to leave only $$$ and footprints in the sand)
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    VIP Member Array hogdaddy's Avatar
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    Welcome to our lovely state BE SAFE CARRY WHERE YOU CAN Have FUN H/D
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    Member Array schwaa's Avatar
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    [QUOTE=cmb;1198711]
    I live in florida and as far as I understand the law you cannot carry to a sporting event....QUOTE]

    Where did you find such wording? I beleive I have read restrictions on school sporting events, unless they are shooting related(you still cant CCW anyway). Please elaborate so I dont get myself in trouble in the future!
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    Member Array xikle's Avatar
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    Quote Originally Posted by David in FL View Post
    Not quite. There is absolutely no limit placed on carrying while drinking, or even when intoxicated. There is a prohibition against having a loaded gun in your hand while intoxicated. An exception to that prohibition is made in the case of lawful self-defense.

    Note, the forgoing was simply to explain the law. I have no desire to debate the merits of drinking while carrying.
    Thanks, for the clearification. I couldn't remember and I don't have my Gutmacher book at work. I still personally view it as a bad idea to carry while drinking, but that's me.

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    Senior Member Array InspectorGadget's Avatar
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    Quote Originally Posted by highvoltage View Post
    Originally Posted by FastDraw
    .....BTW, I see a couple of you list locations as "central Florida"... I'm going to Sarasota and Siesta Key to visit inlaws..... Is that considered "central Florida"? Thanks
    Central Florida is everything between Miami and Jacksonville.
    In some states the laws vary from one part to the other, not in Florida. Central Florida has the exact same Laws and Rules as I do in Pensacola or down in Miami 600 miles away.
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    Quote Originally Posted by cmb View Post
    Where did you find such wording? I beleive I have read restrictions on school sporting events, unless they are shooting related(you still cant CCW anyway). Please elaborate so I dont get myself in trouble in the future!
    Professional sporting events are listed in the prohibited places in F.S. 790.06 (12):

    12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into 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, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her 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 on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

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