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  • jj1987
    started a topic Gun Law FAQ

    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.

  • flightway
    replied
    I like this forum for discussion.

    Leave a comment:


  • Einstein
    replied
    Not correcting ya buddy, you aren't wrong...this time. Lol

    Leave a comment:


  • Donkey Elephant
    replied
    where would i be without my best friend einstein to correct me?

    up shits creek without a paddle, lol.

    Leave a comment:


  • Einstein
    replied
    Originally posted by Toureg89 View Post
    the statute does not make a reference to whether or not it can be loaded, i.e., it does not restrict it from being loaded.

    it does specify it needs to be, if you dont have a CCL, not readily accessible.

    not readily accessible is defined as snapped in a glove box or holster. and if you do both, you are fulfilling a double redundancy: its doubly not readily accessible.
    To add clArification, securely encased. Meaning holster needs to have a thumb break

    Leave a comment:


  • Donkey Elephant
    replied
    the statute does not make a reference to whether or not it can be loaded, i.e., it does not restrict it from being loaded.

    it does specify it needs to be, if you dont have a CCL, not readily accessible.

    not readily accessible is defined as snapped in a glove box or holster. and if you do both, you are fulfilling a double redundancy: its doubly not readily accessible.

    Leave a comment:


  • tattedfox
    replied
    Originally posted by Jade GSR View Post
    when concealing a handgun in a car whether in a holster or the glovebox or even both, can it be loaded?
    yes and no... it depends on state guidelines and as far as i know you do have to have your carry conceal. there are some places that you can not have it in the parkinglot even if it is in your car. for instance my company will not allow me to leave my gun in my car because it is on company property best idea to tell u dont tell anyone. but also that remember that leaving ammo in a vech in florida prob isnt a good idea time and time out. the ammo can become defective from the heat and the humity and mositure in the air. and yes i agree to above.....it is kind of pointless to have your handgun in the vech (for personal protection) and not be loaded i dont know anyone that can load their gun that fast. honestly i carry my xdm 45 on my back in a back holdster that way if i am approched it looks like im reaching for my wallet and bad news for them they going to get 11 emptied into their chest. and i carry extra mag just incase. but honestly if your having it while ur driving back holdsters arent always good but they do make car holdsters that u can screw into your dash and or by your stick for easy access. just note that if u do leave ur gun in the car and someone breaks in and steals ur gun u are held reliable

    Leave a comment:


  • LRARMORY
    replied
    The reciprocity only applies when you are visiting or traveling through that state. If you are a Florida Resident you would need to meet Florida's requirements on obtaining the permit to carry.

    Leave a comment:


  • Einstein
    replied
    If you reside in this state, I doubt a PA Ccw/ccf will count

    Leave a comment:


  • Donkey Elephant
    replied
    check reciprocity. its on a state by state basis.

    Leave a comment:


  • Kasper
    replied
    I have a question. Im going to be applying for my CCF. and im trying to see. i saw on the one website it says Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; does that mean that if i already had my license in PA i can use that to get the one down here? sorry im just not 100% sure what this means.. thanks.

    Leave a comment:


  • LRARMORY
    replied
    Check out this link. It is from the ATF website.


    http://www.atf.gov/publications/news...er-2008-11.pdf

    Leave a comment:


  • patrick835
    replied
    I'm here on F1 visa (non-immigrant, student visa) , is there anyway I can possess firearm?

    Leave a comment:


  • Donkey Elephant
    replied
    Originally posted by LRARMORY View Post
    I believe that the introduction of open carry into a society that has that mind set would do more than just intimidate people.

    Originally posted by LRARMORY View Post
    Does anyone post here any more??
    not in a stickied thread.

    Leave a comment:


  • LRARMORY
    replied
    Does anyone post here any more??

    Leave a comment:

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