Florida law, just like many other states, has strict restrictions as to where a licensed concealed weapons permit holder may and may not carry a legally owned firearm.
Additionally, Florida’s concealed carry requirements include mandatory firearms training, which is currently under debate in the state’s legislature.
The following places are places in Florida where a legally owned firearm may not be carried – even with a concealed weapons permit – according to the Florida Department of Agriculture and Consumer Services:
Example 1, a place of nuisance, is a place where there is illegal activity such as gambling or prostitution.
Another one of these rules – that is more complex than it may appear in the list by the Department of Agriculture – is rule 9 regarding schools. Florida has interesting laws regarding firearm possession within a vehicle.
Florida statute 790.25(5) states that it is lawful for a person 18 years of age or older to possess a firearm in their “private conveyance.” With no additional laws in place, this would allow you to possess a firearm in your vehicle while secured and not accessible for immediate use. Local governments, however, are able to enact laws regarding schools in their jurisdiction so it is important to check with your county before bringing a firearm to a school while in your private conveyance.
Depending on the county or the city, this means you may not even be allowed to legally have a firearm in your car while on a school property.
Law enforcement officers, however, are an exception to these restrictions under the Law Enforcement Officers Safety Act (LEOSA). This federal law allows qualified active and retired law enforcement officers to carry a concealed firearm in any jurisdiction in the United States, including school properties, provided they meet the qualifications specified by the State of Florida.
The next example we will look at is example 11, “Any portion of an establishment licensed to dispense alcoholic beverages for consumption”.
This rule explicitly excludes any bar from being a place that you can have a weapon – even a concealed carry. The gray area, however, begins when you look at a restaurant that also happens to have a bar.
As long as the primary function of the Florida establishment is food service, you can lawfully possess your licensed concealed firearm in the restaurant. The only place that possessing your licensed concealed firearm in the restaurant is restricted is in the bar section of the restaurant.
Whether or not you are ordering or consuming alcohol, you cannot be in the bar section with your firearm. If you are sitting at a table and have ordered a beer with your meal, for example, since you are not in the section of the establishment with the primary function of serving alcohol you are not in violation of the law.
Rossen Law Firm offers free consultations to anyone in South Florida facing any kind of weapons crime. Give our office a call to set up an appointment for a free consultation to discuss your case.
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