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-   -   Florida’s Permit-less Concealed Carry (https://www.cotep.org/forum/showthread.php?t=16809)

Rick McC. 03-30-2023 05:23 PM

Florida’s Permit-less Concealed Carry
 
The PCC bill passed the Florida Senate this PM, and goes to the Gov’s Office for his signature. DeSantis has already stated that he’ll sign the bill; which will have an effective date of July 1, 2023.

I believe that the vote was @27-12; with one Rino voting against the bill.

sdmc530 03-31-2023 09:07 AM

Nice! We did this about 2-3 years ago and after all the hoopla and "oh dear the crime will go up" paranoid people out there guess what happened.... not a damn thing. Nobody even knew the difference, and nothing changed except less tracking of law-abiding citizens.

Good job FL!

FfNJGTFO 03-31-2023 06:14 PM

Quote:

Originally Posted by sdmc530 (Post 176083)
Nice! We did this about 2-3 years ago and after all the hoopla and "oh dear the crime will go up" paranoid people out there guess what happened.... not a damn thing. Nobody even knew the difference, and nothing changed except less tracking of law-abiding citizens.

Good job FL!


Did your bill permit "Open carry?" Ours did not. And all the amendments to add OC to this bill were defeated. OC will not happen in FL in the near future. The retail, hospitality and other related industries are dead set against it... as are most of the legislators. Some people say that it's not "constitutional carry" unless it includes OC.



For me, it really doesn't matter. I'm happy they did it for the sake of those who want it, but I, most likely, won't ever use it. I'll maintain my CWFL. It gets me "reciprocity" with many other states as well as it allows me to take immediate delivery at my FFL. I won't have to wait the 3 addl. days.

Riverpigusmc 03-31-2023 07:00 PM

Can we get a bill sending all these new transplant nuisances back?

FfNJGTFO 03-31-2023 07:05 PM

Quote:

Originally Posted by Riverpigusmc (Post 176085)
Can we get a bill sending all these new transplant nuisances back?


Only if we can include the RINO legislators with them.... :mad:

Rick McC. 03-31-2023 11:24 PM

Quote:

Originally Posted by Riverpigusmc (Post 176085)
Can we get a bill sending all these new transplant nuisances back?

I wish Bro; I wish…Damn carpetbaggers!

Sheepdog 04-01-2023 11:51 AM

Congrats on the new law. Only problem I see is how the Florida boys are going to CC in their Speedos.

Riverpigusmc 04-01-2023 05:22 PM

funny

sdmc530 04-01-2023 09:32 PM

Quote:

Originally Posted by FfNJGTFO (Post 176084)
Did your bill permit "Open carry?"



Yep, we can carry pretty much anything anytime with very little restriction. However, we can't do anything to create a public panic.

Were pretty much "free"

FfNJGTFO 04-02-2023 04:39 AM

Quote:

Originally Posted by sdmc530 (Post 176090)
Yep, we can carry pretty much anything anytime with very little restriction. However, we can't do anything to create a public panic.

Were pretty much "free"


That's the problem here in FL. Just the sight of an OC'ed weapon without a badge next to it would create a public panic.

sdmc530 04-02-2023 09:15 AM

Quote:

Originally Posted by FfNJGTFO (Post 176091)
That's the problem here in FL. Just the sight of an OC'ed weapon without a badge next to it would create a public panic.

Yeah, I can see that. Where you have high population areas with lots of demographics I can only imagine. Here if we see a guy toting a pistol or a rifle its just another Tuesday.

However, I will say with recent events if a person is carrying an AR or like rifle people get a bit more aware. But in most places not seeing a weapon is rarer than seeing a weapon.

What really makes me laugh is the summer. People will wear leg or ankle holsters but will be in shorts, so they look a bit odd, but they have their weapon.

Yoga pants and a IWB holster is pretty common LOL

FfNJGTFO 04-03-2023 04:07 PM

Signed into law, earlier this morning.



So, we shall see what happens.

Rick McC. 04-03-2023 08:27 PM

Quote:

Originally Posted by FfNJGTFO (Post 176101)
Signed into law, earlier this morning.



So, we shall see what happens.

Excellent!

Caleb 04-03-2023 09:47 PM

That’s a win.

FfNJGTFO 04-04-2023 12:53 AM

Quote:

Originally Posted by Caleb (Post 176109)
That’s a win.


It will be, effective 07/01. For most, anyway. I won't be taking advantage of it. I'll keep my CWFL for inter-state reciprocity reasons as well as "immediate delivery" at FFLs (as opposed to the 3 day wait).

Caleb 04-04-2023 12:36 PM

Quote:

Originally Posted by FfNJGTFO (Post 176110)
It will be, effective 07/01. For most, anyway. I won't be taking advantage of it. I'll keep my CWFL for inter-state reciprocity reasons as well as "immediate delivery" at FFLs (as opposed to the 3 day wait).

Ditto……

BlackKnight 04-04-2023 05:36 PM

Is this for residents only or all?

Riverpigusmc 04-04-2023 07:24 PM

Far as I know, residents, but look it up. You'd be good with your retired donut eater creds, I'd think

BlackKnight 04-04-2023 08:13 PM

Quote:

Originally Posted by Riverpigusmc (Post 176115)
Far as I know, residents, but look it up. You'd be good with your retired donut eater creds, I'd think

funny Those "retired donut eater creds" allows me to carry in all 50 states, btw.
I was curious as we have a lot of customers come through us for their non-resident carry permit. So I like to be informed and give them proper information.

FfNJGTFO 04-04-2023 08:18 PM

ARRRRRGGGGHHHH! The kind of BS nonsense we will be facing in the future.

I got a text from my Mom, this afternoon. She's approaching 90 and was recently diagnosed with Breast Cancer (she won't say what stage). I'm worried about whether or not she'll see her 90th Birthday in the 4th Qtr. of this year. You know what she's worried about?

Mom: <Family Nickname>, please don't carry your weapon on your person out of your house. I don't care what that Governor does.

Me: What the Gov. did has absolutely nothing to do with where or how *anyone* carries their weapon. All it did was eliminate the need for a license and training... two things I already have... And, two things I will maintain.

Had the Bill included "open carry" (which it did not), that might have made things a little different. Not for me, as my personal choice is never to open carry. Why give your advantage away?

Don't worry Mom. I know what I"m doing. Love you.

Mom: OK.

-------------------

Knowing Mom as I do, I probably did not persuade her to see things my way. I gather she just didn't feel like arguing it out. Anyway, as I'm sure you know by now, she is living in the PRNJ. Weird, because she used to own a pistol (not anymore). She shot with me once when I took her to my indoor range when I lived near Easton, PA.

But, if this is the kind of mentality/mindset with which we are dealing, we're in for a long road ahead. We have to fight hard... As Sebastian Gorka says, "Never Give in... Never Give up... Keep your head on a swivel... and STAY FROSTY!"

FfNJGTFO 04-05-2023 09:44 AM

My reading of the updated FS 790.01 would indicate that the law does not make a distinction between a "resident" or "Non-resident" when it comes to "permitless carry." All that is required is that you meet the training requirements and that you carry a Driver's License or State ID with you. It doesn't say the DL has to be Florida based. And, of course, you must show that form of ID to a LEO who demands it.



Likewise, I don't believe the DOACS makes a distinction between "resident" vs "non-resident" on the CWFL itself. Even when you become "domiciled" as a FL resident (via DL or State ID), nothing on the CWFL changes. You just update your address on their website. Done. It's the act of being "domiciled" by your Driver's license/State ID" changes that determines your residency.

sdmc530 04-05-2023 01:39 PM

First, congratulations!

Second ours doesn't care where your from its open to all.

pitor 04-17-2023 07:28 AM

Quote:

Originally Posted by FfNJGTFO (Post 176084)
Did your bill permit "Open carry?" Ours did not. And all the amendments to add OC to this bill were defeated. OC will not happen in FL in the near future. The retail, hospitality and other related industries are dead set against it... as are most of the legislators. Some people say that it's not "constitutional carry" unless it includes OC.



For me, it really doesn't matter. I'm happy they did it for the sake of those who want it, but I, most likely, won't ever use it. I'll maintain my CWFL. It gets me "reciprocity" with many other states as well as it allows me to take immediate delivery at my FFL. I won't have to wait the 3 addl. days.

Well, the other aspect of someone wanting to carry under this new bill with no CWFL is the fact a person would be subjected to the Federal Gun Free Zone law, 1,000 ft from ANY school will get you in trouble with federal law!

FfNJGTFO 04-17-2023 06:06 PM

Quote:

Originally Posted by pitor (Post 176128)
Well, the other aspect of someone wanting to carry under this new bill with no CWFL is the fact a person would be subjected to the Federal Gun Free Zone law, 1,000 ft from ANY school will get you in trouble with federal law!


Yes, indeed. Kinda important for me as I live less than 1000 ft. from a private elementary school.

BeerHunter 05-29-2023 05:19 PM

Quote:

Originally Posted by pitor (Post 176128)
Well, the other aspect of someone wanting to carry under this new bill with no CWFL is the fact a person would be subjected to the Federal Gun Free Zone law, 1,000 ft from ANY school will get you in trouble with federal law!

Actually, the federal "Gun Free School Zones Act (GFSZA)" is NOT the problem in Florida (see below) because, like many states that adopted their own version of a GFSZ, the issue for those that choose to carry under the "Florida Permitless Carry" law signed by Gov. DeSantis do NOT enjoy the exemption to the 1,000 ft GFSZ boundary established in Florida Statute 790.115. There is some legal analysis (IANAL) that non-residents of Florida may still be vulnerable, even with a FCWFL. So I would strongly encourage any non-resident of Florida to consult legal counsel competent in Florida Firearms Law in general and f.s. 790.115 specifically before carrying in Florida without either a FCWFL (there is no such thing as a "non-resident" FCWFL, just privileges residents enjoy that non-residents do not) or a CWP from their state recognized by Florida.

Regardless, the federal GFSZA was significantly reined in by SCOTUS in their landmark decision in United States v. Alonzo D. Lopez, that held that the U.S. Congress had exceeded their power to legislate under the "Commerce Clause" of the U.S. Constitution, Article I, section 8, Clause 3 to legislate firearms law affecting the states.

Since it is virtually impossible for private citizens to keep track of every Florida school one may pass within 1,000 ft of as established in f.s. 790.115, this is THE main reason most of us Florida Residents that maintain a "Florida Concealed Weapon or Firearm License (FCWFL)" will continue to do so after 01 July 2023.

One final note: Although I do not know of a single case in Florida where a concealed carrier was prosecuted solely on the basis of violating f.s. 790.115 without also violating several other statutes, anyone carrying under Florida's "Permitless Concealed Carry" laws (multiple statutes were affected by passage of Florida HB543) should understand their legal vulnerabilities. Additionally, "Permitless Open/Concealed Carry" could be also an issue when carrying in other states (see this video in the subject by WI based Defense Attorney and former prosecutor Tom Grieve) and as mentioned above, before doing so I would encourage anyone planning to carry in that state consult legal counsel about their vulnerability to the GFSZ of that state or the federal GFSZA before carrying in that state.


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