Business Law 101 / CONCEALED WEAPONS

Business Law 101 / CONCEALED WEAPONS

By Albert Kelley

Florida has a concealed weapon law.  You can get a permit to carry a concealed weapon. However, in most cases, if you carry a concealed weapon or an electronic weapon or a concealed firearm, without a permit, you have violated the law.  For a concealed weapon or electronic weapon it is a first degree misdemeanor. For a concealed firearm, it is a third-degree felony. 

Now there are exceptions to this law.  If the person is lawfully allowed to possess the weapon or firearm and conceal it while they are evacuating due to an Order of the Governor, or if the person is carrying a non-lethal chemical spray or non-lethal stungun solely for the purposes of self-defense, they are exempt. There is also an exemption for law enforcement officers in the line of duty.  However, in no case may a civilian use a chemical spray or nonlethal stun gun on a police officer in the line of duty. That is a third-degree felony.

While Florida has a concealed weapons law, it is not an open-carry state.  In other words, you cannot strap a six-shooter to your hip and walk down the street.  That is a second-degree misdemeanor. 

A concealed weapons permit is issued by the Department of Agriculture and Consumer Services.  The license is good for seven years and the holder must have the license in his possession anytime they are in possession of a concealed weapon.  To obtain a license, the applicant must be a United States citizen or a legal resident alien (that’s right- you do not have to be a citizen to carry a concealed weapon). In addition, if the person is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States, they may obtain a one-year concealed weapons permit.  The applicant must be at least 21 years old, not suffer from any physical infirmity that might affect their ability to safely handle a firearm, must not be a convicted felon (unless their rights to carry firearms has been restored) or convicted of a drug offense unless their probation has ended more than three years of submitting the application. The applicant must not habitually use alcohol or other substances, have been deemed incompetent by a court, or committed to a mental facility. They can not have adjudication withheld for any felony or misdemeanor charge of domestic battery unless their probation ended more than three years before filing the application, unless the charge was expunged, nor can there be a current civil injunction against domestic violence.  Finally, the applicant must show they are competent to use a firearm by one of the following: 1) Completing a hunter education course approved by the Fish and Wildlife Conservation Commission; 2) Completing an NRA firearms safety course; 3) completing a firearms safety course offered by a law enforcement agency, a junior college, or other organization using instructors certified by the NRA, the Criminal Justice Standards and Training Commission or the Department of Agriculture and Consumer Services, 4) Completing a firearm safety course offered by law enforcement for security guards, investigators or special deputies; 5) present evidence of experience through organized shooting competitions or military service; 6) is already licensed to carry a firearm in this state; or 7) completes a firearm safety course by a state certified or NRA certified firearms instructor.  The application must be accompanied by a full set of fingerprints as well as a photograph of the applicant. The fingerprints are provided to the Florida Department of Law Enforcement for state and federal processing.

Even if a person is in possession of a concealed weapons permit, there are still places they may not carry them.  These include police stations, jails, courthouses (although judges may keep weapons in their courtroom), polling places, any location hosting a government meeting, a school or college or school event, a professional athletic event, a career center, a bar or tavern,  inside the passenger terminal of an airport, places of nuisance, such as gambling houses or places known for lewd activities, or any place not allowed by federal law.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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