So I'll be spending some time in free America in the near future, and while refreshing myself on the Florida gun laws I came up with a few questions.
First off, I've done some reading at the following websites: http://licgweb.doacs.state.fl.us/weapons/self_defense.html and http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/ch0790.htm and http://www.saf.org/LawReviews/Getchell1.htm
Secondly, I have a non-res. Florida LTC.
I'd like some people here to double check my thought process on a few points WRT the Florida laws, to make sure I'm reading this correctly.
The Florida license reads at the top "Concealed Weapon or Firearm License, State of Florida." I'll be carrying a gun, but now I'm considering enjoying the freedoms of carrying other "concealed weapons," simply because I like the idea of being able to choose to do so.
Florida Statutes 790.001 (3)a says: "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
But then in 790.01 (3) it says (bold emphasis mine):
790.01 Carrying concealed weapons.--
(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.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
From 790.06(1):
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
Based on the above laws, I'm assuming a "billie" would include a telescoping baton? Would it be legal for one to carry metallic knuckles or a switchblade with an LTC? My head's staring to hurt with all the different definitions. It seems to me like knuckles would be specifically illegal, and a switchblade would be gray area. Thoughts here?
Now, from 790.001(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.
And from 790.25(5):
(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. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
Here I'm assuming that the "other than a handgun" part is simply saying that handguns in the car without an LTC must be "securely encased," but not long guns. So I am also assuming that it would be legal for an 18 year old who is not a prohibited person to travel with a loaded handgun in the glove compartment?
It's taken me hours to read through and cross-reference all of this into a neat and easily understandable way, and I want to make sure that I'm not walking into a legal blunder.
First off, I've done some reading at the following websites: http://licgweb.doacs.state.fl.us/weapons/self_defense.html and http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/ch0790.htm and http://www.saf.org/LawReviews/Getchell1.htm
Secondly, I have a non-res. Florida LTC.
I'd like some people here to double check my thought process on a few points WRT the Florida laws, to make sure I'm reading this correctly.
The Florida license reads at the top "Concealed Weapon or Firearm License, State of Florida." I'll be carrying a gun, but now I'm considering enjoying the freedoms of carrying other "concealed weapons," simply because I like the idea of being able to choose to do so.
Florida Statutes 790.001 (3)a says: "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
But then in 790.01 (3) it says (bold emphasis mine):
790.01 Carrying concealed weapons.--
(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.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
From 790.06(1):
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
Based on the above laws, I'm assuming a "billie" would include a telescoping baton? Would it be legal for one to carry metallic knuckles or a switchblade with an LTC? My head's staring to hurt with all the different definitions. It seems to me like knuckles would be specifically illegal, and a switchblade would be gray area. Thoughts here?
Now, from 790.001(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.
And from 790.25(5):
(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. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
Here I'm assuming that the "other than a handgun" part is simply saying that handguns in the car without an LTC must be "securely encased," but not long guns. So I am also assuming that it would be legal for an 18 year old who is not a prohibited person to travel with a loaded handgun in the glove compartment?
It's taken me hours to read through and cross-reference all of this into a neat and easily understandable way, and I want to make sure that I'm not walking into a legal blunder.