Lesson 5. FLORIDA CONCEALED WEAPON OR FIREARM LICENSE

Florida Concealed Weapons or Firearm License is also known as CCW License or CWP. The current FL CCW license is valid for 7 years in 33 States. The concealed weapon or firearm program is administered by the Florida Department of Agriculture and Consumer Services.

Applying for a license to carry a concealed weapon or firearm for self-defense is a right of law-abiding citizens. However, a license to carry a weapon or firearm concealed on a person does not authorize the person to use that weapon. Use of a concealed weapon or firearm is regulated by other provisions of Florida law. You must always exercise your lawful right to carry a concealed weapon or firearm responsibly, properly, and safely.

Eligibility Requirements

• You must be 21 years of age or older.
• You must be able to demonstrate competency with a firearm.
• Unless you are serving overseas in the United States Armed Forces, you must currently reside in the United States (US) AND be a US citizen or deemed a lawful permanent resident alien by Department of Homeland Security, US Citizenship and Immigration Service (USCIS). If you are serving overseas in the US Armed Forces, submit a copy of your deployment documentation with your application. If you are not a US citizen, submit documentation issued by the USCIS proving you are a permanent legal resident alien with proof you have resided in the state of residence (as shown on your application) for at least 90 consecutive days prior to the date the application is submitted.

Proof of residence includes, but is not limited to:

• Monthly utility, telephone, power, or cable bills, which show your name and address.
• Monthly pay stubs or other documentation from your employer, which show your name and address.
• Monthly credit card statements, which show your name and address.

Possible Reasons for Ineligibility:

• The physical inability to handle a firearm safely.
• A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
• Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
• A conviction for a misdemeanor crime of violence in the last three years.
• A conviction for violation of controlled substance laws or multiple arrests for such offenses.
• A record of drug or alcohol abuse.
• Two or more DUI convictions within the previous three years.
• Being committed to a mental institution or adjudged incompetent or mentally defective.
• Failing to provide proof of proficiency with a firearm.
• Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
• Renouncement of U.S. citizenship.
• A dishonorable discharge from the armed forces.
• Being a fugitive from justice.

License Fees:

Use of Deadly Force for Lawful Self-Defense

In receiving a license to carry a concealed weapon, you are undertaking a great responsibility to possess the ability to take another human life. You need to be calm, cool headed and always use your best judgment in all situations when you are carrying. A cool head and even temper can keep handgun carriers out of trouble. You should never carry a gun into a situation where you might get angry. You have to constantly remind yourself of the legal consequences of using the weapon that you carry. Remember, a license to carry is not a license to use. If you do use it, the law will only protect you when you acted within the law.

Florida Statutes, Section 790.06 (1), defines concealed weapons or firearms as those carried in a manner that conceals them from the ordinary sight of another person. This includes:

• Handguns
• Electronic weapons or devices
• Tear gas guns
• Knives
• Billies

Concealed carry and open carry

The Florida Legislature defines a concealed firearm as any firearm carried on or about a person in such a manner as to conceal it from the ordinary sight of another person. A person carrying a concealed firearm without a license is guilty of a felony of the third degree, and can be sentenced to prison for up to five years.

It is also unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device, even with a concealed weapons license. Any person violating this section commits a misdemeanor of the second degree. You can openly carry a chemical spray, a non-lethal stun gun or dart-firing stun gun or other non-lethal electric weapon or device that is designed solely for defensive purposes.

Lawful self-defense

Can I use a gun to defend myself if I’m attached in my own home?

The courts have created an exception to the duty to retreat called the “castle doctrine.” Under the castle doctrine, you need not retreat from your own home to avoid using deadly force against an assailant. The castle doctrine applies if you are attacked in your own home by an intruder or an invited guest.

What if I am attacked in my car?

A person has no duty to retreat in his lawfully occupied vehicle against a person who was in the process of unlawfully and forcefully entering or had unlawfully and forcefully entered an occupied vehicle or had unlawfully and forcefully removed or was attempting to remove another against that person's will from the occupied vehicle.

Florida Statutes 790.15 (2) states: Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a second degree felony. (3) Any driver or owner of the vehicle, whether or not the owner of the vehicle is occupying the vehicle, who directs any one else to discharge any firearm from the vehicle commits a third degree felony.

When I am in my place of business and someone comes in to rob me, do I have to retreat before using deadly force?

The castle doctrine applies when you are in your place of business. If you are in danger of death or great bodily harm or you are trying to prevent a forcible felony, you do not have to retreat before using deadly force in self-defense.

What if someone uses threatening language to me and I am afraid for my life or safety?

Verbal threats are not enough to justify the use of deadly force. There must be an overt act by the person which indicates that he immediately intends to carry out the threat. The person threatened must reasonably believe that he will be killed or suffer serious bodily harm if he does not immediately take the life of his adversary.

What if I point my handgun at someone but don't use it?

Never display a handgun to gain "leverage" in an argument. Threatening someone verbally while possessing a handgun, even licensed, will land you in jail for three years. Even if the gun is broken or you don't have bullets, you will receive the mandatory three-year sentence if convicted. The law does not allow any possibility of getting out of jail early. When you carry a handgun, you possess a weapon of deadly force. The law considers even an unloaded gun to be a deadly weapon when it is pointed at someone.

When can I use my handgun to protect myself?

Florida law justifies use of deadly force when you are:

• Trying to protect yourself or another person from death or serious bodily harm.
• Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.

Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.

When can I use deadly force in the defense of another person?

If you see someone who is being attacked, you can use deadly force to defend him/her if the circumstances would justify that person's use of deadly force in his/her own defense. In other words, you "stand in the shoes" of the person being attacked. However, you must be certain what the situation is before you decide to apply such action.

What if I see a crime being committed?

A license to carry a concealed weapon does not make you a free-lance policeman. But, as stated earlier, deadly force is justified if you are trying to prevent the imminent commission of a forcible felony. The use of deadly force must be absolutely necessary to prevent the crime. Also, if the criminal runs away, you cannot use deadly force to stop him, because you would no longer be "preventing" a crime. If use of deadly force is not necessary, or you use deadly force after the crime has stopped, you could be convicted of manslaughter.

Possession Restrictions

The following is a list of places where you are restricted from carrying a weapon or firearm even if you have a license. Please note that this is a simplified list. The places marked by an asterisk (*) may have exceptions or additional restrictions. See Section 790.06 (12), Florida Statutes for a complete listing.

• 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*
• 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*
• any elementary or secondary school facility
• any area technical center
• any college or university facility*
• inside the passenger terminal and sterile area of any airport*
• any place where the carrying of firearms is prohibited by federal law

Summary

1. Never display a handgun to gain "leverage" in an argument, even if it isn't loaded or you never intend to use it.

2. The amount of force that you use to defend yourself must not be excessive under the circumstances.

• Never use deadly force in self-defense unless you are afraid that if you don't, you will be killed or seriously injured;
• Verbal threats never justify your use of deadly force;
• If you think someone has a weapon and will use it unless you kill him, be sure you are right and are not overreacting to the situation.

3. The law permits you to carry a concealed weapon for self-defense. Carrying a concealed weapon does not make you a free-lance policeman or a "good samaritan."

4. Never carry your concealed weapon into any place where the statute prohibits carrying it.

IMPORTANT! - This is not a complete summary of all the statutes and court opinions on the use of deadly force. Because the concealed weapons statute specifies that concealed weapons are to be used for lawful self-defense, we have not attempted to summarize the body of law on lawful defense of property. This information is not intended as legal advice. Every self-defense case has its own unique set of facts, and it is unwise to try to predict how a particular case would be decided. It is clear, however, that the law protects people who keep their tempers under control and use deadly force only as a last resort.