Florida’s Permit-less Concealed Carry

[FfNJGTFO]

My reading of the updated FS 790.01 would indicate that the law does not make a distinction between a "resident" or "Non-resident" when it comes to "permitless carry." All that is required is that you meet the training requirements and that you carry a Driver's License or State ID with you. It doesn't say the DL has to be Florida based. And, of course, you must show that form of ID to a LEO who demands it.



Likewise, I don't believe the DOACS makes a distinction between "resident" vs "non-resident" on the CWFL itself. Even when you become "domiciled" as a FL resident (via DL or State ID), nothing on the CWFL changes. You just update your address on their website. Done. It's the act of being "domiciled" by your Driver's license/State ID" changes that determines your residency.

[sdmc530]

First, congratulations!

Second ours doesn't care where your from its open to all.

[pitor]

Originally Posted by FfNJGTFO

Did your bill permit "Open carry?" Ours did not. And all the amendments to add OC to this bill were defeated. OC will not happen in FL in the near future. The retail, hospitality and other related industries are dead set against it... as are most of the legislators. Some people say that it's not "constitutional carry" unless it includes OC.



For me, it really doesn't matter. I'm happy they did it for the sake of those who want it, but I, most likely, won't ever use it. I'll maintain my CWFL. It gets me "reciprocity" with many other states as well as it allows me to take immediate delivery at my FFL. I won't have to wait the 3 addl. days.

Well, the other aspect of someone wanting to carry under this new bill with no CWFL is the fact a person would be subjected to the Federal Gun Free Zone law, 1,000 ft from ANY school will get you in trouble with federal law!

[FfNJGTFO]

Originally Posted by pitor

Well, the other aspect of someone wanting to carry under this new bill with no CWFL is the fact a person would be subjected to the Federal Gun Free Zone law, 1,000 ft from ANY school will get you in trouble with federal law!

Yes, indeed. Kinda important for me as I live less than 1000 ft. from a private elementary school.

[BeerHunter]

Originally Posted by pitor

Well, the other aspect of someone wanting to carry under this new bill with no CWFL is the fact a person would be subjected to the Federal Gun Free Zone law, 1,000 ft from ANY school will get you in trouble with federal law!

Actually, the federal "Gun Free School Zones Act (GFSZA)" is NOT the problem in Florida (see below) because, like many states that adopted their own version of a GFSZ, the issue for those that choose to carry under the "Florida Permitless Carry" law signed by Gov. DeSantis do NOT enjoy the exemption to the 1,000 ft GFSZ boundary established in Florida Statute 790.115. There is some legal analysis (IANAL) that non-residents of Florida may still be vulnerable, even with a FCWFL. So I would strongly encourage any non-resident of Florida to consult legal counsel competent in Florida Firearms Law in general and f.s. 790.115 specifically before carrying in Florida without either a FCWFL (there is no such thing as a "non-resident" FCWFL, just privileges residents enjoy that non-residents do not) or a CWP from their state recognized by Florida.

Regardless, the federal GFSZA was significantly reined in by SCOTUS in their landmark decision in United States v. Alonzo D. Lopez, that held that the U.S. Congress had exceeded their power to legislate under the "Commerce Clause" of the U.S. Constitution, Article I, section 8, Clause 3 to legislate firearms law affecting the states.

Since it is virtually impossible for private citizens to keep track of every Florida school one may pass within 1,000 ft of as established in f.s. 790.115, this is THE main reason most of us Florida Residents that maintain a "Florida Concealed Weapon or Firearm License (FCWFL)" will continue to do so after 01 July 2023.

One final note: Although I do not know of a single case in Florida where a concealed carrier was prosecuted solely on the basis of violating f.s. 790.115 without also violating several other statutes, anyone carrying under Florida's "Permitless Concealed Carry" laws (multiple statutes were affected by passage of Florida HB543) should understand their legal vulnerabilities. Additionally, "Permitless Open/Concealed Carry" could be also an issue when carrying in other states (see this video in the subject by WI based Defense Attorney and former prosecutor Tom Grieve) and as mentioned above, before doing so I would encourage anyone planning to carry in that state consult legal counsel about their vulnerability to the GFSZ of that state or the federal GFSZA before carrying in that state.