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  • Gun Law FAQ

    Mods, can we please sticky this?

    I see a lot of the exact same gun related questions being answered, and morons posting crap like a 3 step rule. Rather than letting people post hearsay, here's some of the common questions, with state statutes referenced and quoted to answer the questions, rather than what my buddies uncle, who's dad used to be a cop 20 years ago told me like what seems to frequently get posted here.

    That being said, I'm not god, so if you see anything that's incorrect, please let me know. I've attempted to provide sources for all my information, so that anyone can double check my interpretations.
    • How old do you have to be to own a handgun/firearm in Florida?
      18, as outlined by 790.17
      790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.--

      (1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

      (2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

      (b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22.
    • Can I carry a gun in my car without a CCW permit?
      Yes, 790.25, which deals with Lawful Ownership, Possession, and Use of Firearms and Other Weapons states:
      Click for full statute
      (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.
      Securely encased is defined by 790.001-
      Click for full statute
      (17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.
      Basically the gun needs to be in a holster where it can't slip out, and the trigger is covered, in the glove box or in a zippered pouch. There is no such thing as a 3 or 5 step law.
    • What ammo can I buy when Im under 18, between 18-21, and 21+?
      From a private party, there aren't restrictions in Florida. An individual is not covered under the following law, but rather licensed federal firearms dealers.
      Click for full law
      18 U.S.C. 922(B)(1)
      (B) It shall be unlawful for any licensed importer, licensed
      manufacturer, licensed dealer, or licensed collector to sell or
      deliver -
      (1) any firearm or ammunition to any individual who the
      licensee knows or has reasonable cause to believe is less than
      eighteen years of age, and, if the firearm, or ammunition is
      other than a shotgun or rifle, or ammunition for a shotgun or
      rifle, to any individual who the licensee knows or has reasonable
      cause to believe is less than twenty-one years of age;
      Basically if you're under 18, you can't buy ANY ammo. If you're 18-21, you cannot buy handgun ammo, and if you're 21, you can buy any ammo that's available in stores.
    • Can I carry a concealed weapon without a permit.
      No.
      Click here for full Statute 790.01
      (1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

      (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

      (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
    • How do I go about getting a concealed weapons permit?
      Click here to see if you're able to get a CWP by law
      Click here to find out how to apply for a CWP.
      Click here for state statute dealing with the CWP program.
    • Do guns need to be registered in Florida?
      NO! State statute 790.335 specifically BANS keeping a list of legally owned firearms.
      Click here for 790.335
    • When does the law allow for using a weapon on another?
      Senate Bill 436 was signed by Jeb Bush, commonly known as the castle doctrine, and outlines the legal use of deadly force.
      Click here to read it in it's entirety
      However, the person is justified in the use of deadly force only if he or she reasonably believes that the such force is necessary to prevent the imminent commission of a forcible felony.
      State Statute 776.08 Defines a Forcible felony (click link for reference).
      776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
    • Can I use a concealed weapons permit from another state in Florida?
      Yes. Florida Statute 790.015 discusses this.
      Click here for the most up to date source
    • What happens if I've been drinking, and use a firearm.
      First, it's not a smart idea. Beyond that, a blood test can be administered at the scene of a crime (or legal self defense situation). Here's how the BAC will be handled by a court-
      Click here for 790.157
      (a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

      (b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

      (c) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
    • Can I possess a gun on school property?
      NO! Not even a college, private or public. Our lawmakers have written 790.115 to ensure that students remain helpless victims, and easy targets for the mass killings that have happened at schools like Virginia Tech.
      Click here for 790.115 reference
      Note that postsecondary IS included in the definition of school, so a 21 year old, law abiding adult who is going back to college can't even have one with a permit.
      For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
      (2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, 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:
    • Do I have to store my gun in a safe?
      Technically not unless there's a minor around. However, please remember that the majority of guns used to commit crimes are STOLEN, and to always use your best judgment with an issue like this.
      Click here for 790.174
      790.174 Safe storage of firearms required.--

      (1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor's parent or the person having charge of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.

      (2) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor's parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:

      (a) In a public place; or

      (b) In a rude, careless, angry, or threatening manner in violation of s. 790.10.

      This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.

      1(3) As used in this act, the term "minor" means any person under the age of 16.


    If you guys have any more questions, post them up, and I'll add them. These are the questions I see constantly being asked.
    Last edited by jj1987; 11-15-2007, 03:17 AM.

  • #2
    Can I use a concealed weapons permit from Texas in Florida?

    Comment


    • #3
      Great write-up, it gets old seeing the same gun-related questions asked over and over.
      OFH

      Comment


      • #4
        nice work~~
        Originally posted by 99Slobra
        I'm sorry I don't speak field worker....Can I get translator?
        Originally posted by mustangnick88
        for some reason only 5% of honda owners are mentally capable of making there cars anything but slow,loud, and uglier.

        Comment


        • #5
          Originally posted by raythenegr0 View Post
          Can I use a concealed weapons permit from Texas in Florida?
          Answered.

          Comment


          • #6
            just read all of 776 in the florida statute book. it helps.
            Haters gonna hate.
            Originally posted by Make7upyours728
            The nurse swabbed my inner thighs, shaft, sack & even my taint with betadine and now my whole crotch looks like I was on the jersey shore. It was cold and kinda tickled. No arousal to report
            Originally posted by Zan
            No offences but I dont believe being a dj is that much differnt then sucking 50 dicks

            Comment


            • #7
              Originally posted by jj1987 View Post
              Mods, can we please sticky this?
              Yes... Good job... Stickied!
              "This is my kung-fu and it is strong." --Rat

              Comment


              • #8
                Originally posted by Einstein View Post
                just read all of 776 in the florida statute book. it helps.
                And 790 would help also...
                "This is my kung-fu and it is strong." --Rat

                Comment


                • #9
                  Originally posted by rokudan View Post
                  And 790 would help also...
                  776 is use of force. It clearly explains the legalities of what people "think" the castle doctrine is.

                  but yes, 790 helps. lol. I was merely offering the statute that explains what "deadly force" is, when it can and cannot be used. And such.
                  Haters gonna hate.
                  Originally posted by Make7upyours728
                  The nurse swabbed my inner thighs, shaft, sack & even my taint with betadine and now my whole crotch looks like I was on the jersey shore. It was cold and kinda tickled. No arousal to report
                  Originally posted by Zan
                  No offences but I dont believe being a dj is that much differnt then sucking 50 dicks

                  Comment


                  • #10
                    Yup, both are great reads that everyone who owns or carries a firearm should be familiar with...
                    "This is my kung-fu and it is strong." --Rat

                    Comment


                    • #11
                      Although I take guns very serious. This is proof that you should not piss off a floridian cause we can shoot you then.
                      92' Del Sol Si
                      90' Miata

                      Comment


                      • #12
                        Originally posted by jj1987 View Post
                        • How old do you have to be to own a handgun/firearm in Florida?
                          18, as outlined by 790.17
                        Dont you have to be 21 to buy a handgun also.
                        http://andydick.myminicity.com/

                        Comment


                        • #13
                          Originally posted by AndyDick View Post
                          Dont you have to be 21 to buy a handgun also.
                          yea, I'mm pretty sure and its 18 for a rifle etc.

                          Comment


                          • #14
                            However you can be 18 and own a handgun. You just can't purchase one, but one can be given to you.
                            "This is my kung-fu and it is strong." --Rat

                            Comment


                            • #15
                              you can buy a handgun from a private party at 18 but not from a gun dealer

                              Comment

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