Florida is a pioneer in the Conceal Carry Movement. We started this back in the 1980s and our crime rate has been dropping ever since. Florida is a shall issue state. Which means if you the law abiding citizen pass the requirements for the CCW Program then the state must issue you one.
Must be 21 Years of Age or Older
No Criminal Record
Must be an American Citizen and a Resident of Florida for 6 months or more
Must pass Required CCW Class and prove to an NRA Certified Firearms Instructor that you can handle a firearm safely and hit the target
Must submit a passport photo along with a check and finger prints
If you pass the background check and everything is in order the state must issue you a CCW Permit within 90 days
Locations that you cannot carry at.
· 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 area vocational technical 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
Florida law has what is called the castle doctrine.
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
As a Law Enforcement Officer I can carry anywhere and every if I am allowed under my department SOPs to carry my firearm off-duty under the authority and powers as if I was one duty. I am so I do so. I can use my firearm in a law enforcement role (offensive action) when I'm off duty if I need to.
If I was not allowed to carry off duty as a LEO then under Florida law I am allowed to carry as if I had a CCW Permit. If I carry under this right then I am only allowed to carry under the provisions of the Florida CCW Permit and I can only use my firearm in defensive action.
I have a CCW Permit and I carry under the provisions as a Off Duty Officer. Also under Federal Law, HR 218 Law Enforcement Officer Safety Act. I can carry nation wide (fifty state and all territories ) with a certain amount of restrictions (modeled after the Florida restrictions) if I am allowed to carry off-duty by my PD. I can carry in places like Washington DC where only police can own and carry firearms. This law was passed because of the higher crime rates in places like Washington DC and Chicago because of their gun bans from law abiding citizens. I wish HR 218 covered all citizens of the USA and not just Current and Retired LEOs. I see that has class discrimination but I believe if enough officers push the issue then a bill will be passed in which there is a Federal Law which states anyone with a CCW Permit can carry in all fifty states and territories.
Oh and in Florida the "No Gun" Signs posted in businesses have no legal authority. The store owner/manager must inform you in person that you cannot carry in the store. If you do not listen to their request then a Law Enforcement Officer must inform you. if you still do not listen then you will be charged with Trespassing with a firearm which is a felony. But here is a catch.... if it's concealed then how does the store owner/manager know? They don't hence why there are never cases with this issue.
The idea behind conceal carry is that the criminal does not know how is carrying a firearm. It is much like the mind field. Anyone could be armed and everyone could not be armed. It's the risk that the criminal takes.