Florida Statutes

[BigDog]

Florida Statutes

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20790

[FLwalt]

What about Florida Firearms: Law, Use & Ownership, I am reading this now and have heard good things about it. What are your opinions?

The author's web site and book information is HERE (http://www.floridafirearmslaw.com/indexbook.shtml)

[The Fed]

What about Florida Firearms: Law, Use & Ownership, I am reading this now and have heard good things about it. What are your opinions?

The author's web site and book information is HERE (http://www.floridafirearmslaw.com/indexbook.shtml)

It's the best reference book you will ever find.

[Skeezix]

Just make sure that you stay current.

[FLwalt]

The author will put updates on his website for things that come up between editions.

[Passafist]

What about Florida Firearms: Law, Use & Ownership, I am reading this now and have heard good things about it. What are your opinions?

The author's web site and book information is HERE (http://www.floridafirearmslaw.com/indexbook.shtml)

It's the best reference book you will ever find.

Is it written in legalese or everyday wording so a country boy like myself can understand it? Does it give "what-if's" and scenarios?

Thanks.

[Baldy]

The book gives you the right answers and the stuff that is in the gray areas too. I highly recommend it for everybody that carries in Florida. :)

http://www.floridafirearmslaw.com/index.shtml

[Passafist]

The book gives you the right answers and the stuff that is in the gray areas too. I highly recommend it for everybody that carries in Florida. :)

http://www.floridafirearmslaw.com/index.shtml

Thanks, I'll purchase it this week.

[Bucky69]

Thanks, I'll purchase it this week.

Hopefully you've bought the book and read through it by now. What did you think of it?

[SmallTony]

Florida Statutes

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20790

Hello professor. These statues state the illegal use of any type of concealed weapon almost of any sort. Where are the statues or are there statutes that say when it is legal to carry and or conceal a weapon?

Like when you get your liscense to carry a firearm? Thanks.

[hogdogmike]

The book gives you the right answers and the stuff that is in the gray areas too. I highly recommend it for everybody that carries in Florida. :)

http://www.floridafirearmslaw.com/index.shtml

Best reference available for FL IMHO...keep by the bed for night time reading, next to my firearm of the day of course...
:lol:

[james 47]

I own a tavern I also have a ccl being the owner of the establishment can I carry legally?

[Skeezix]

Hello professor. These statues state the illegal use of any type of concealed weapon almost of any sort. Where are the statues or are there statutes that say when it is legal to carry and or conceal a weapon?

Like when you get your liscense to carry a firearm? Thanks.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC06.HTM&Title=->2006->Ch0790->Section%2006#0790.06

[merischino]

Hi there,

I have been doing lots of reading, of the florida statues and also on the forums, about the sale and transfer of firearms. In all cases it seems like a retail purchase of a firearm has a lot of legalities like background checks, communication with the NCIC back and forth, approval numbers, waiting periods, etc.

I have read in assorted forums from laymen that the purchase and transfer of firearms by individuals (not retail dealers) to individuals within the same state (specifically, Florida) is not regulated given the certain basic understanding that
a) the purchaser of the firearm is an adult
b) the purchaser of the firearm can be reasonably identified (without the regulated requirement for a background check) by the seller as a person for whom firarm carry is legal in the state of Florida (e.g., not known to be a felon, a domestic abuser, adjudicated mentally incompetent, etc.)
or
c) the recipient (aka "purchaser") of the firearm is a legal member of the family of the firearm provider (aka "seller"), translated to "a husband may buy a gun for his wife, a grandmother may buy a gun for her granddaughter; a boyfriend cannot buy a gun for his girlfriend"

Since beginning my research, I have registered for CCW permit course and gone through the background check process etc as required by law.

My questions here are basically scholarly, as I've determined for myself that my firearm purchase will be via the clearly identified as legal in Florida statue language I understand process.

Is there any definitive document I can refer to in the event I ever do want to make a transfer (sale or purchase) of a gun when the transaction would be between known parties and not strangers?

Hypothetical:

1. Say I have 3 guns, 2 of which I don't use and my boyfriend has 4 guns, one of which he doesn't use. We've been dating x months and know each other fairly well. Bonus - Both of us have Concealed Carry permits in Florida, which we can verify by showing them to each other. Can we legally sell or trade our guns amongst ourselves, without being married, in the state of Florida?

a There being no gun registries allowable by law in Florida, are we required for any reason to:
a.1. Document our transaction
a.2. Communicate our transaction to any governmental body
a.3. Retain evidence of a.1. or a.2. for any length of time to show to any requesting body?
a.4. Who would those requesting bodies be, assuming that they are legally requesting information which would have been retained legally concerning the transaction for this purpose?

b Subsequent to our private non-retail transaction, Horror of horrors one of us is involved in an incident that brings that person into question (e.g., a self-defense situation develops in a circumstance where my boyfriend and I are not together. The assailant is contained by use of force - deadly or not is irrelevant to the question - and as per SOP the dear bf is arrested.) Following Murphy's Law, the dear bf had in his possession at the time of the arrest the pistol I sold him privately.
b.1. By virtue of his possessing a gun "registered according to the NCIC" to me, am I guilty of a crime?
b.2. Assuming that I am not guilty of a crime, am I going to have a legal nightmare of prosecutors and irate citizens and media pundits taking potshots at me (and all associated psychological and real financial costs) because of our private transaction? What exactly is the perceived or social contract liability (as I'll call it) of this kind of sale?

c Compounding horrors: Let's say the dear bf had had a fraudulent CC permit at the time of our gentleman's private sale and in reality was a convicted felon who had done time. The gun he sold me is in a legally maintained registry of offender weapons. I bought it because after having made a few beginner gun selections I learned through practice that my earlier choices were unsuitable for my actual uses, so the gun I purchased from him became my Primary Self Defense Gun. We end up breaking up, he ends up stalking me and causing me to be on high alert at all times. Contrary to statistics, when I suffer a break-in to my home, it's not the ex dbf but some total stranger who breaks in. I use force and contain the intruder (again, DRT or survivor isn't really relevant to the question), but do it using the offender registry gun. Following SOP, I am arrested.
c.1. Assuming it can be proven that the assailant did indeed force entry to my home, would the case against me be dropped because I did indeed rightly use Self-Defense? or would the existence/presence of what was reasonably considered to be a legally purchased via private sale gun somehow exacerbate the totally unrelated event?

c.2 Assuming that despite all the many delineated statutes against gun registry and the very specifically limited to retail sale limations of gun transfer statutes, would I be in any way protected from all the agida if I had simply maintained a record of private sale complete with names, addresses, make model and serial numbers, CC permit numbers and DL numbers of the parties (me and him) involved in the transfer? By all the agida I mean,

c.2.a legally, do I have a defense if I maintain a detailed private record of the private sale?
c.2.b media-frenzy wise, would the detailed private record of a private sale in any way minimize the implied social contract issue of others intentionally believing I pulled a "straw man" sale of some kind?

c.3 if I either did not make a detailed record, or the detail record had somewhere, somehow, been misplaced/stolen/destroyed, would the fact that I have and maintain a bonafide, legal concealed carry permit with the state of florida serve any mitigating purpose?

Nota Bene Although I am outlining several very very specific sorts of situations, this post is really intended to spark discussion and a learning process for me, and is not intended to solicit actual, actionable legal advice. For that I would consult a lawyer. It's only hypothetical!

[rzach]

To Merishino this my help you to under stand better,

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm

[Unter44]

Hi there,


I have read in assorted forums from laymen that the purchase and transfer of firearms by individuals (not retail dealers) to individuals within the same state (specifically, Florida) is not regulated yadie yadie yada....and then some.....


Check FL ID, exchange money, check sn of gun on web for theft or misuse, stay on meds or regulate them better.......


Since beginning my research, I have registered for CCW permit course and gone through the background check process etc as required by law.


You can get background check done without completing course?


Welcome to the forum, perhaps someone more verbose will entertain your scenarios and finely woven fantasies.


Discuss this fully with boyfriend. if HE leaves YOU, no stalking will occur.
If he does not leave, perhaps you can do something else to have him leave you. I would worry about him if he can stay with you thru all the scenarios you can derive......

[merischino]

Thanks for the thoughtful responses.

Actually, as I prefaced my post, I had read all of the Florida statutes.

And actually, as regards my relationship with my boyfriend, if it weren't for him I would have left my interpretation of the Florida statues at "it's perfectly legal for private parties to make private sales of firearms in Florida, and therefore using a privately purchased gun to defend yourself is defensible in court".

It's conversations with him in the role of the experienced gunman that is making me quirky about legal implications, connotations, and responsibilities.

I am a newbie to gun-everything, and I paid for my concealed carry class and filled out an extensive form (identical, I believe, to the form required for purchasing a gun) and was made to sit for upwards of two hours chitchatting with the instructor while he performed mysterious things on his computer before I got my license back and was made to fork over the money. I guess I assumed that the two-hour waiting deal and timing of the payment after that amount of time had elapsed was specifically related to the performance of the background check. If that's not how or when the performance of the background check takes place, I guess I'll be looking for the answer to that question where I actually posted the question: In the background check thread.

[rzach]

you my need to reread it to understand better you are puting to much into it

[merischino]

Actually, after my post I did reread it to verify whether or not my questions could actually be answered in the statutes.

There is no express, explicitly stated statute article which says that in florida private party sales are perfectly legal and do not require you to verify the background of the purchaser. Nor does it explicitly state anywhere that I either do or do not have a responsibility to trace the provenance of the gun.

These are all statements that, even after rereading the statutes, I get only from the forums.

Granted, my original post contains a lot of very detailed hypothetical scenarios. But the questions still remain, and I do not think it is fair to color them as the "fantasies" of someone who needs to "regulate the meds". They are the questions of my CCW permitted gun owning boyfriend who insists that to own a gun competently and reliably issues like these need to be considered. According to him, the legalities and liabilites should always be considered and understood before you find yourself in a situation where you need to make the decision whether or not to present, whether or not to fire, your gun. Because as sure as night follows day, an arrest and potentially a trial will follow the firing of that gun, irrespective of whether or not it was a self-defense activity.

I think he's right. I think his arguments make rational, logical, well supported sense. I think that absent a Florida law I can read with my own eyes that says "in the eyes of the court i own this gun legally" is every bit as important and rational a consideration in this forum as "the right to bear arms".

Thinking through implications of self-defensive acts is no joke. I you are ever unlucky enough to have to defend yourself you may find yourself unlucky enough to also have to spend 15 years to life behind bars reconsidering whether or not you might have wanted to think about private gun purchases in Florida a little bit more thoroughly.

On another note, my self-education is not done. I bought the book recommended here and will read it before continuing my thought process here.

[Unter44]

So, you have or have not completed the CWL class?

[merischino]

So, you have or have not completed the CWL class?


Haven't completed the class. The instructor I chose is a very busy man who teaches the class as a private one-on-one thing about 10 times more frequently than he does it as a (much less expensive option) class. I opted for the latter which means I have to wait for one of the larger classes to come around again on his schedule.

[Unter44]

Good, that will be a great place to get the information you need. The classes seem to reveal just how vague some aspects of armed self defense can be according to the law and a persons mindset.

With your own research and by the time you complete the class, I feel you will be able to help some of us with issues that arise.

[merischino]

I hope you are right about the class bringing me some clarity.

so far my experience (limited to a few short weeks) learning about guns and trying on guns for size and discussing self-protection issues with the bf has mostly only served to provide me with more questions, rather than any answers.

Hopefully the book and the class will be enlightening.

I doubt that after reading the book and going to the class I will somehow instantly become qualified to act as a guide and resource for others... but if I do get answers to the questions I posted earlier I promise to come back and provide them for you.

[FlCountryBoy]

i took the CWL basic hand gun safety class a month ago today actually :biggrin: and it helped me out alot, it was very informant for me as i am a newbie to all this. alot of the statutes are helpful and the information given throughout the class was very good as well. im looking foward to more training down the road!