He's almost there. He talks about the burden being on the defendant to prove they are innocent or that they did/did not do something, and that's just not how it works. He doesn't understand the burdens of proof. Ultimately, it is the state's burden to present evidence showing beyond a reasonable doubt (which is the standard of law for criminal trials) that the defendant was breaking the law, which includes that his behavior did not not fall into the exceptions. The reasonable person standard is used in jury instructions for civil trials...it's a different concept entirely. The only burden on the defendant is the burden to know the law and what he can and cannot do with a weapon.
He is giving you good advice. Whether you choose to take or act on your own is up to you. The prosecution is going to paint you in the worst possible light. You can say that the burden is on them to prove you guilty, but if you are going to raise a defense, the burden of showing how you fit into that exception is on you. Another example is that you are charged with murder. The burden of proving that it was (self-defense) an exception to taking a life, is on you.
If you do not have a concealed carry permit, you may still want to get one if you can. Having one provides considerable advantage when it comes to reciprocity. Also, it is about time Florida got Constitutional Carry. GOA and others are working on that.
It also protects you in school zones while within Florida. The Federal Gun-Free School Zone Act makes it a crime to "knowingly possess" a firearm while within a school zone (one thousand feet of a primary or secondary school) unless the firearm is unloaded and locked away in or on a motor vehicle or the person holds a license or permit to carry issued by the state in which the school zone is located. This law gets broken tens of thousands of times throughout the country every day. To date, I'm only aware of two prosecutions under it, one in Montana and one in Texas. Both are still in progress. Incidentally, no one can lawfully so carry in Vermont, since that state has never offered (or required) such a permit or license.
In 2010, I was awakened at 2am by someone at my front door. He was not knocking. He was ramming the door with his shoulder and his body weight. The mistake I made was I let him get too close to me when I opened the door. With both hands, he grabbed my gun in my hand and tried to get the gun. I fired one round at his center mass, and he dropped to the ground. Dead. I called the police. They arrived within 10 minutes. They took me into the station where I was interviewed. I was released within about an hour. I never found out who the guy was, or why he was knocking on my door at 2am. I was lucky that night, but I believe I did the right thing. I live in south central Florida.
Eligibility Requirements -A person is eligible for a concealed firearms license, and under the new law may carry without a CWL, if he or she satisfies all of the following requirements: -Must carry a government issued ID (e.g. REAL ID) and display it upon demand by an officer; -Must be a United States resident and citizen or hold a permanent resident status; -Must be 21 years of age or older; -Does not have any physical aliments preventing the safe handling of a weapon or firearm; -Not prohibited from purchasing or possessing a firearm as a result of a prior conviction for a felony offense or other provision of Florida or federal law or set by the court system; -Has not been committed under Florida State Statutes, Chapter 397, for abusing a controlled substance; -Does not chronically and habitually use alcoholic beverages to the extent that his or her normal faculties are impaired; -Not in possession of drugs / controlled substance while actively carrying a concealed weapon; -Has not been adjudicated an incapacitated person in a guardianship proceeding; -Has not been committed to a mental institution under Florida State Statute, Chapter 394; -Has not had an adjudication of guilt withheld or imposition of sentence suspended on any felony or one or more misdemeanor crimes of violence, unless three years have lapsed since -probation or any other conditions set by court have been fulfilled or the record has been expunged; -Does not have current injunctions in force for domestic or repeat violence
Something you can add for folks that get harassed by cops about how they carry… I taught police and corrections academies for more than a decade and per CJSTC (Criminal Justice standards and training commission) officers are to use discretion and always give the benefit of the doubt to citizens when dealing with carry issues. We are to educate instead of incarcerate when appropriate. The second amendment is not canceled by the tenth amendment in my opinion. I have pulled several over that were carrying incorrectly and could’ve easily taken them to jail. Instead I educated them. We have taken an oath to uphold the constitution of the state of Florida as well as the United States. You will have to do some digging for the training curriculum but it’s in there unless they have changed it since I taught.
@@ptd570 One or the other. Not both. In other words, it can be under the seat as long as it's in a snapped holster. It can be in a container (glovebox, center console, shoebox) without any holster, as long as the container has a lid.
This is good information. I’ve actually been arrested for two counts of carrying a concealed firearm in my vehicle. Both firearms werse securely encased per law because I read this statute completely before I ever carried. The cops were ignorant of this law and I was told if he can’t see it ts concealed. He obviously did not know the law as most of them don’t. My lawyer had it tossed at deposition because the cop admitted they were securely encased. His ignorance cost me a lot of time and money. Most laymen who watch you tube are better educated in law than most cops are. We have some of the worst police in the world. Thank you for education the laymen. Hopefully somebody will one day educate the cops.😢
Cops are pretty stupid. If they could be sue personally they wouldn’t make these mistakes. They don’t teach law in the academy. Cops should have 4 yr college degrees to become an officer.
Retired Federal LEO here. By Federal Law we can carry in retirement if we qualify every year, HR 218. Local police have arrested and harassed retired Federal LEOs because they do not know the law, or in the case of some states like New York, they try to impose their carry or weapon standards even though Federal Law overrides local laws. Many retired LEOs carry a copy of the Federal Statue permitting them to carry in with them to inform officers of the law. Many of us also get state carry permits just in case we bump into an officer who is ignorant of the law. It has gotten so bad that Congress passed a bill aimed at stopping infringements on HR 218 by state and local authorities. There are too many places where ideology is used as an excuse to violate the law, New York is one of those places.
The fact that You actually believe as a retired Federal Parasite You more power over others ... is the Very Scary mindset Good people are trying to make others aware of. Did You understand your own words "There are too many places where ideology is used as an excuse to violate the law". The 2nd Amendment is crystal clear. every day people has as many or more rights as far as firearms than any LEO active or retired. Everyday people have less intrusive Agendas ... hence their mindset is more benevolent than any ... "LAW ENFORCEMENT OFFICER. Your Welcome.
I am a resident of the State of Florida and have a Florida Concealed Carry license. While I rarely carry, I have the license for the reason of reciprocity with other states, like my home state of Missouri, which honors my Florida CCW when/ if I happen to be back home.
Why would you rarely carry? It's going to be the time you need it that you don't have it. Don't make assumptions. It's going to happen when you don't expect it. It's better to have it and not need it than to need it and not have it. Now, if you aren't comfortable with a firearm (not meant to be a dig at you at all), then maybe not carrying is a good idea. I'm all for the rights of those to carry, but some people shouldn't be carrying, even though they can.
Great video. IIRC, Jeb Bush expanded the "castle doctrine". It eliminated the duty to retreat clause (stand your ground). Also made it so the perp, or perps' family, can not sue you in civil court. Open carry, I believe, also includes your property.
Yes you may open carry while doing or traveling to or from the following activities: Hunting, fishing, camping, going to a gun range, on any private property where the owner allows (except for bars where no guns are allowed regardless)
For those who have a CCL (conceal carry license) it is NOT mandatory to have it locked anywhere. As long as it is concealed, you can have it lets say, under your shirt while driving.
So if I am legally conceal carrying without a ccl, what happens when I get in my car? Can I keep it concealed? And what if I want to take it off while driving and all I have is the retention holster I carry in?
Thank for the clarification on the constitutional carry! I did go through the paperwork and I hold a Florida CCW permit I’d never open carry the bad guys do not need to know that until they need to know!
As a retired LEO that worked in Florida and Indiana, it is my opinion that Florida needs to modernize its firearm laws and align with most states that are constitutional carry states. Those states do not specify if firearms have to be concealed. Just cut out the B.S. Florida.
The laws are way too complicated and hard to understand and they vary so much from place to place year to year. It would be nice if it was a whole lot easier to understand.
Excellent dissertation on those important laws in our state. Unfortunately, the majority of gun owners carrying concealed, do not have in depth knowledge of these important laws where they can get into trouble as a result. Thanks for sharing!
@@cheferman65 Well, apparently I am wrong. Technically you cannot carry at a friend's house. But here is what I posted earlier in this thread. Referring to open carry at a friend's house, with permission: You are correct. I heard him say it and looked it up in the statute. Technically speaking, he is correct. There is not an exemption in the statute. But as a retired Florida LEO of over 30 years, there is no way in hell you would ever be charged and certainly not convicted of such. If you're in my house and carrying a firearm on your side, with my permission, law enforcement would never know. I can't come up with a scenario in which it would be an issue. However, technically speaking, he is correct.
Issue/Question: So, a common agruement amongst my peers is, what happens after a shooting occurs. Whether justified or not. My point is, you must be sober while carrying and there's probably gonna be some sort of tests done on the shooter to check mental and physical condition. Can you do a follow-up to this video describing the process immediately following a shooting. Basic Joe Citizen standing his ground, then waiting for the police. Great information! Thank you!
Open carry is illegal for now. But gun owners of America on behalf of a Florida citizen have filed a suit to get that overturned. Bruin and Heller changed everything.
@@BobChanter I’m inclined to agree. Best thing about open carry is not getting hassled for accidentally printing through a light shirt since we wear hot weather clothes 6-7 months/year.
🎯 Key points for quick navigation: 00:00:33 *🔍 Florida does not have constitutional carry; instead, it has permitless carry which allows eligible individuals to conceal carry without a permit.* 00:02:53 *🚫 Open carry is illegal in Florida, with specific exceptions such as carrying while hunting, fishing, camping, or in one's home/business.* 00:05:42 *🚗 Individuals can carry firearms in their car without a concealed carry permit, provided the weapon is securely encased or not readily accessible.* 00:09:12 *⚖️ Florida's "stand your ground" law allows individuals to use deadly force without retreating, as long as they are in a lawful place.* 00:10:40 *⚔️ Deadly force can be justified if an individual reasonably believes it's necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony.* Made with HARPA AI
Thanks for the information on the top 5 laws to know regarding Pew-pews in Florida. We have recently relocated here and had questions. Additionally, as a patriot who wants to be “in the know”, I made sure to subscribe to your channel.
Not hard to obtain; but the only real advantages I see are (1) you can buy a gun at a gun dealer without having the 3 day waiting period apply, and (2) it is more readily accepted by states that have reciprocity with Florida.
@kubotalife3636 is well worth it. The most expensive part is the training and range time. I disagree with Florida for dropping the permitting. I had a CCW in Georgia and was still required to take the training and prove proficiency with a firearm. There are differences between the states, and without the training, i would have been in violation without knowing it. Florida has made it too easy for ill prepared people to conceal weapons.
Great informative video! Always good to have this knowledge in the back of your mind. Not sure if you have covered this in another video of yours but would love to see a video breaking down the statute 790 I believe it is for shooting a firearm recreationally on your property. What goes into that exactly, how much property and safety requirements
I've always kept my 1911 45ACP cocked and locked in the glove box now for about 4 1/2 decade's and never had to use it thank God, what's the old saying : better to have it and not need it then to need it and not have it......🤪🇺🇲
I work in night club and casino and did security at all kinds different events most times I never carried a weapon bút one night I had feelings I should have at least spray and I don't that night I was stabbed and beaten till my heart stopped.
My biggest concern to keep my gun in the glove box is what if my car got stolen, or break into and the gun got stolen while I am shopping for grocery or watching a movie.
The level of incompetence is only getting worse. DEI is not helping and the defund the police rhetoric does not help. The quality of law enforcement is lacking and I blame the media for the majority of problems is this country.
One thing I have always been wondering about is if a firearm is in a locked compartment, not easily accessible, What help is it in preventing a car-jacking, robbery, or assault? No one is going to wait for you to gain access to your firearm before continuing the crime. Was any one thinking about that when the law was devised?
Did he say " in a snapped holster", along with in a console or just the firearm without a holster in a console? I have a CCP so I believe I can carry on my person in my cat without putting it in a console. Correct me if I'm wrong :))
@fuzfire With the permit you can carry on your person in the car. I'm still not clear about having it in the console or glovebox...does it need to be in a snapped holster?
@@abc456fpretty sure that without a permit you can still keep it concealed just like outside the car as long as you meet the requirements to do so. Your car is an extension of your home when you are in it.
@@geoffreygreen297 lol I mean, constitutional scholars, people much smarter then you, who devote their whole lives to studying and analyzing the constitution, have yet to fully figure out what this phrase meant, but you! YOU somehow know more than them! You think (key word) you’ve figured it out! Hahahaha. Sorry, but your opinion and interpretation is not a fact. It’s just your opinion and interpretation. It really doesn’t mean anything. To quote the internet “Educate yourself” and learn more about the topic. Good luck.
Good summary. The one unfortunate thing of passing permitless carry here, is now folks can conceal-carry without taking the safety class...which was basically a full day discussing every law you just described...and unfortunately an uneducated weapon holder is a scary thing.
I have been having problems with some people ignoring the safety rules at a public range I and my brother have been going to for decades. In recent years it has gotten worse. It is not about education; education is knowing FDR was as much a Jew-hating racist as Hitler was and that FDR starved Americans. FDR also allowed the KKK to run wild. Gun safety is about growing up. And now, there are many Americans who never grow up. They should not be allowed to drive. There was a time when students had hunting guns in their trucks parked in school parking lots. Some schools had shooting ranges. There were no mass shootings. Teenagers hunted animals then, not people. From a young age, they grew up hunting and fishing. The teens who stopped the Holocaust grew up hunting. The Nazis had very strong animal cruelty laws. But starving millions of Jews was OK. A few decades back, young Americans were killing people over trees. They were called tree-huggers. The government came up with a new word, Enviroterrorism. I 100% agree that is takes a lot longer for Americans to grow up. The government tells us there are about 120 million gun owners in the US, and more guns than people. No new laws can change that.
@@BobChanter you might want to rewatch the video. Unless I heard it back-asswards he specifically said a guest could no legally open carry in your home. Of course it wouldn’t bother me in the slightest.
@@jayabramson6702 You are correct. I heard him say it and looked it up in the statute. Technically speaking, he is correct. There is not an exemption in the statute. But as a retired Florida LEO of over 30 years, there is no way in hell you would ever be charged and certainly not convicted of such. If you're in my house and carrying a firearm on your side, with my permission, law enforcement would never know. I can't come up with a scenario in which it would be an issue. However, technically speaking, he is correct.
@@BobChanter I agree with you completely. For me, open carry is not a great idea, at least in public. Nobody can keep up the amount of situational awareness that would be needed to keep someone from stepping up behind you and “relieving” you of your firearm. It happened in Texas right after they passed an open carry law. That said, open carry law would prevent an accidental exposure from becoming an arrest for brandishing.
Because the 2A says “the right to keep and BEAR arms” banning open carry is unconstitutional. I can probably speak for many others when I say that even when open caring becomes legal, they still won’t do it. BUT that doesn’t mean we shouldn’t have the ability to do so. All though unnecessary now, there may be a time when it becomes in your best interest to open carry…
I do it in Georgia all the time because I work out in the middle of nowhere. It’s a lot more comfortable when it’s 100 degrees out and moving a lot. Don’t have to change that when I go to a store or whatever. I’ve been open carrying my entire life, never once have I had a negative experience or reaction because of it
@@jetspeed9618 I worked on a radio station up in Virginia. Always weirded the Radio Shack person out, a 6' 2" person coming in with jeans and flannel shirt coming in strapped talking about POTs lines, power supplies and transmitters 😂
As a retired LEO from Chicago, now living in Florida, thank you for giving this most important information to Florida gun owners. Everyone needs to know that when you decide to use a firearm you will be both in legal and civil jeopardy. I certainly recommend having conceal and carry insurance and professional training if possible.
You’ll ALWAYS be in legal and civil jeopardy as long as you don’t follow what the Florida statutes say about when it’s legal to threaten or actually use a firearm to defend yourself. It doesn’t mean that the moment you use your firearm you can/will automatically be held liable civilly.
@@Linovtac Sure ... not automatically, but the likelihood of being subject of a civil law suit resulting from using your firearm is extremely high. The deceased's family (or surviving injured person) will be approached by an attorney if it is learned that you have any worthwhile assets. Trust me, don't think for a minute that even if you were legally justified that you can't be found civilly liable. Having conceal and carry insurance is recommended to anyone carrying a firearm for self protection. I wouldn't be without it.
@@Linovtac you can follow the law perfectly and then entrust 12 brain dead morons to vote on your fate. We know from the last election that there is a majority of those people in the country now.
@@jckcpd4539 I’m not impressed that you brag about being a cop in Chicago, were the most strict gun laws are. Now the chief move to Florida, where free people walk around and we have constitutional sheriffs who keep tyrannical mayors, and city government and PD’s in check because they are tyrannical. It’s unfortunate that people that are running from their failed policy in place is like Chicago come to Florida and impose your psychosis on free people.. badge or no badge
Getting ready to move to FL, amazing this algo brought is up… or is it… great vid, thx for taking the time to break this down, appreciate guys like you! You have my my sub!
@flyjets don't have to mean make life hard for people who just is trying to live and survive prolly the same reason why you can't legally fly old man even tho you're more then capable of it
VOTE VOTE VOTE call everyone you know to get out the VOTE. People in PA, MI, VA, AZ, NV, NY, FL and MN. are close; call your friends , gun clubs, to get out the VOTE, WE can win these state if GUN OWNERS VOTE.
I'm not a fan of permitless carry. When I took the concealed carry class, there were several people that had never handled a firearm. They received excellent instruction from the professionals leading the class. I think we would all be better off if people carrying a firearm receive basic instruction on the safe handling of firearms.
It is a God Given Right, we have surrender enough of our rights to big brother already. Individuals need to have autonomy to make decisions without big brother being the societal nanny. Enough of babysitting grown adults!
@@jonh901271Having received some Pre K level firearms safety training hardly makes someone more qualified to handle a firearm, much less proficient in its martial use. It is a ridiculous standard that unduly burdens people who are competent and capable of carrying, and gives ignorant people a false sense of confidence in carrying a weapon that they have no idea how to use.
Just to clarify, you said open in My Home does that also include my property outside of my home like my driveway or my sidewalk or with that information be clarified on that statue would you be able to clarify that? Thank you in advance
One question: With permitless concealed carry, is it now legal to carry your concealed firearm on your person in your car? It is very nice to hear from a legal expert the absolute truth about Florida's excellent laws concerning carry firearms.
I am not a lawyer, but my understanding is…Yes, carrying concealed, includes anywhere that firearms are not prohibited (schools, government buildings, places of business where alcohol is primarily sold and consumed, etc). However, make sure you understand what “concealed” means. As a rule of thumb, it means…no one else, other then you, can EVER, EVER see that weapon, or the obvious outline of it through clothing, unless it is being lawfully used in protection. (Don’t ever show it to your friends, family, coworkers, etc). It’s a good idea to conceal carry a weapon that only you have seen and no one else has ever put eyes on. If you want to “show off” your guns, show one that is not going to be your concealed carry. Because, if someone ever wants to have you arrested, all they need to do, is tell a cop that they saw your gun, describe it, and the cop will come find you, check the gun, and if it matches the description, you have now been guilty of violating “concealed carry”.
@darinruddock3394 I assumed the same, yet somehow find myself fighting (an incredibly expensive) battle against the state of Florida and its attempt to ruin my life. While my circumstances are not as black and white as concealed carrying=legal or not legal, they are circumstances a lot of people could find themselves in. I was arrested early this year while driving with a suspended license. I was not aware my license had been suspended. When the officers searched my vehicle prior to towing it, they found my EDC carry pistol within its holster and wedged into the driver door panel. Because I was committing an arrestable offense, having the weapon "concealed" while I committed that offense has led to a situation where I am being charged with a 2nd degree felony of "possessing a firearm in commission of a crime." I am in my mid 30s, have no prior criminal record and legally owned the gun in question. I wasn't aware my license had been suspended and thus could have never assumed I would be in a situation where my maximum sentence if convicted is 15 years of prison. Be careful and don't make assumptions when it comes to this stuff
@@edogriff Your clarification is a true representation of how a judge might rule on “concealed”. My point is this…in order to avoid someone calling 911 or just telling a nearby Cop that they “saw” your gun, stick with my stronger definition of “concealed”. If you can keep the cops happy and avoid someone in public from even thinking about your “concealed” weapon, you will never find yourself explaining it to a judge.
Spot on, great info! I study the FL laws frequently since I got my CCW in 2020 Just wanted to add a little something to your 3rd fact. There's a difference between long guns and pistols when it comes to transporting them in a vehicle. Rifles can't be loaded and in ready condition like hand guns can. You can totally rock an AR pistol full ready in a bag as a truck gun though.
@@IslandManMitch I stand corrected, there are some other states that pose this restriction and I thought FL did too but apparently not. Long gun would be considered any other weapon.
Some advice from a “Non-Lawyer”…. I am not a lawyer, but my understanding of, and experience with carrying “ concealed”, includes anywhere that firearms are not prohibited (schools, government buildings, places of business where alcohol is primarily sold and consumed, etc). However, make sure you understand what “concealed” means. As a rule of thumb, it means…no one else, other then you, can EVER, EVER see that weapon, or the obvious outline of it through clothing, unless it is being lawfully used in protection. (Don’t ever show it to your friends, family, coworkers, etc). It’s a good idea to conceal carry a weapon that only you have seen and no one else has ever put eyes on. If you want to “show off” your guns, show one that is not going to be your concealed carry. Because, if someone ever wants to have you arrested, all they need to do, is tell a cop that they saw your gun, describe it, and the cop will come find you, check the gun, and if it matches the description, you can now be arrested and subsequently be found guilty of violating “concealed carry”. Further suggestion…paint an obvious mark on the barrel, or upper side of the concealed gun. If no one ever sees that painted mark, except you, then someone describes seeing that gun without mentioning the painted mark, you will have a good argument that the person was lying about seeing the gun at all. But remember, DONT EVER LET ANYONE SEE IT! This means ANYONE, wife, brother, mother, kids, friends, coworkers, ANYONE!
I think it would be rare and foolish for an officer to arrest someone for exposing their firearm momentarily because they reached for something in a store on the top shelf. Could it happen, I suppose. But I've never heard of it happening. I would be less fearful of arrest for exposing my firearm inadvertently than knowing a bad guy might see it. In fact, Florida law addresses momentary exposure. It's written in Florida Statute 790.25.
Im in Florida, and i think everyone should have their CCW, especially if you own a firearm. Law enforcement tends to react more positively towards people with a CCW. Also, if you have your CCW, you can conceal carry on you while in your car. There's some big difference between having your CCW and just taking the permit- less route. Look up Florida laws for having CCW vs. permit-less and what you can and cannot do. Im surprised he didn't cover that. "With a Concealed Weapon and Firearm License (CWFL) or recognized out of state equivalent, in a private car, there is no restriction on how you can carry your handgun, as long as it is concealed. This means that no part of the firearm is visible to the eye. Contrary to popular belief, there is NO three step law in the state of Florida to access your firearm in a vehicle." "Without a CWFL or recognized out of state equivalent in a private vehicle, the handgun must be securely encased or not readily accessible. Securely encased includes carrying a loaded handgun in a holster which closes over the handgun (not a pressure holster and not on your person), glove compartment, gun case or a closed container. Not readily accessible means locked in the trunk or vehicle storage compartment." From Katz & Phillips P.A. Attorneys out of Orlando, FL. It's from their site.
Having just viewed this video, I also was concerned about the rules. I have multiple holsters with my primary EDC being in a Safariland with Level 1 retention. My other holsters don't have any additional retention including AIWB so it was very confusing in this video. It makes little sense to me that carrying concealed is completely defeated by the notion that I must remove my weapon when entering my car and place it into the center console or glovebox; neither of which conceals the firearm from my passengers! To note, I do have my FL CC license which I would present to LEO if I were to be stopped for any reason.
@rickeisenberg1294 I figured it confused people, which is why I said something. It makes no sense to me to carry without a permit. It just makes life easier for you if you have your CCW, especially for your car. 🤣 And I tell people all the time if you get pulled over, just put your hands on the dashboard or steering wheel and tell them you have CCW and where the weapon is. They'll actually be grateful you told them, making the stop nicer/smoother.
You need to clarify that you can carry concealed in a car if you are fully leagaly able to do so outside of the car under your permit or permit less carry .
This is what tripped me up because I assumed that you could and while this video is very informative, it completely confused me on that part. I carry without a permit. Used to have one years ago and it lapsed but then we got permittless carry so now I carry just the same as I did before. If I'm driving and want to take my gun off, or if I'm about to go into a building where I can't have it, I take it off and put it in the console and it's just in the same retention holster I carry in. So that is ok right? I fully meet the requirements to carry without a permit.
@@darkh3lmet82 As long as you put it in a container that has a "lid" on it, you are good to go. A glovebox, center console, etc. It can be under the seat IF it is in a "snapped" holster. If your holster doesn't have a snap, and many don't, you cannot put it under the seat while occupying the vehicle. I hope that helps.
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Finally, someone that actually understands Florida firearms laws. This is one of the most accurate videos I've seen on the subject. Well done.
@@1957robertjohnson thank you
He's almost there. He talks about the burden being on the defendant to prove they are innocent or that they did/did not do something, and that's just not how it works. He doesn't understand the burdens of proof. Ultimately, it is the state's burden to present evidence showing beyond a reasonable doubt (which is the standard of law for criminal trials) that the defendant was breaking the law, which includes that his behavior did not not fall into the exceptions. The reasonable person standard is used in jury instructions for civil trials...it's a different concept entirely. The only burden on the defendant is the burden to know the law and what he can and cannot do with a weapon.
@@TheDude_Abides_ yes, this directly relates to the objection I made
he doesn't understand them he is just reading the same thing we can all read
He is giving you good advice. Whether you choose to take or act on your own is up to you.
The prosecution is going to paint you in the worst possible light. You can say that the burden is on them to prove you guilty, but if you are going to raise a defense, the burden of showing how you fit into that exception is on you.
Another example is that you are charged with murder. The burden of proving that it was (self-defense) an exception to taking a life, is on you.
The no bullshit guide to FL gun laws we needed.
If you do not have a concealed carry permit, you may still want to get one if you can. Having one provides considerable advantage when it comes to reciprocity. Also, it is about time Florida got Constitutional Carry. GOA and others are working on that.
It also protects you in school zones while within Florida. The Federal Gun-Free School Zone Act makes it a crime to "knowingly possess" a firearm while within a school zone (one thousand feet of a primary or secondary school) unless the firearm is unloaded and locked away in or on a motor vehicle or the person holds a license or permit to carry issued by the state in which the school zone is located.
This law gets broken tens of thousands of times throughout the country every day. To date, I'm only aware of two prosecutions under it, one in Montana and one in Texas. Both are still in progress.
Incidentally, no one can lawfully so carry in Vermont, since that state has never offered (or required) such a permit or license.
In 2010, I was awakened at 2am by someone at my front door. He was not knocking. He was ramming the door with his shoulder and his body weight. The mistake I made was I let him get too close to me when I opened the door. With both hands, he grabbed my gun in my hand and tried to get the gun. I fired one round at his center mass, and he dropped to the ground. Dead. I called the police. They arrived within 10 minutes. They took me into the station where I was interviewed. I was released within about an hour. I never found out who the guy was, or why he was knocking on my door at 2am. I was lucky that night, but I believe I did the right thing. I live in south central Florida.
The mistake you made was opening the door
The mistake you made was living in Central, Fl
Get out the sticks!
I'm curious. Why did you open tthe door? Kinda foolish.
@@johnbrubaker2033 Doesn't sound like he made any mistakes. And he wasn't charged.
Was he knocking or not? You say he wasn't knocking but later say he was knocking. 🤔
Eligibility Requirements
-A person is eligible for a concealed firearms license, and under the new law may carry without a CWL, if he or she satisfies all of the following requirements:
-Must carry a government issued ID (e.g. REAL ID) and display it upon demand by an officer;
-Must be a United States resident and citizen or hold a permanent resident status;
-Must be 21 years of age or older;
-Does not have any physical aliments preventing the safe handling of a weapon or firearm;
-Not prohibited from purchasing or possessing a firearm as a result of a prior conviction for a felony offense or other provision of Florida or federal law or set by the court system;
-Has not been committed under Florida State Statutes, Chapter 397, for abusing a controlled substance;
-Does not chronically and habitually use alcoholic beverages to the extent that his or her normal faculties are impaired;
-Not in possession of drugs / controlled substance while actively carrying a concealed weapon;
-Has not been adjudicated an incapacitated person in a guardianship proceeding;
-Has not been committed to a mental institution under Florida State Statute, Chapter 394;
-Has not had an adjudication of guilt withheld or imposition of sentence suspended on any felony or one or more misdemeanor crimes of violence, unless three years have lapsed since -probation or any other conditions set by court have been fulfilled or the record has been expunged;
-Does not have current injunctions in force for domestic or repeat violence
Something you can add for folks that get harassed by cops about how they carry… I taught police and corrections academies for more than a decade and per CJSTC (Criminal Justice standards and training commission) officers are to use discretion and always give the benefit of the doubt to citizens when dealing with carry issues. We are to educate instead of incarcerate when appropriate. The second amendment is not canceled by the tenth amendment in my opinion. I have pulled several over that were carrying incorrectly and could’ve easily taken them to jail. Instead I educated them. We have taken an oath to uphold the constitution of the state of Florida as well as the United States. You will have to do some digging for the training curriculum but it’s in there unless they have changed it since I taught.
"Harassed by cops." Funny thing to hear from a guy that worked in that field. But that's a whole other discussion.
Since your on point, I have a honest question. Does it have to be both in a snapped holster and also in the center console?
@@ptd570 One or the other. Not both. In other words, it can be under the seat as long as it's in a snapped holster. It can be in a container (glovebox, center console, shoebox) without any holster, as long as the container has a lid.
@@BobChanter Thank you.
@@ptd570 Anytime.
This is good information. I’ve actually been arrested for two counts of carrying a concealed firearm in my vehicle. Both firearms werse securely encased per law because I read this statute completely before I ever carried. The cops were ignorant of this law and I was told if he can’t see it ts concealed. He obviously did not know the law as most of them don’t. My lawyer had it tossed at deposition because the cop admitted they were securely encased. His ignorance cost me a lot of time and money. Most laymen who watch you tube are better educated in law than most cops are. We have some of the worst police in the world.
Thank you for education the laymen. Hopefully somebody will one day educate the cops.😢
Cops are pretty stupid. If they could be sue personally they wouldn’t make these mistakes. They don’t teach law in the academy. Cops should have 4 yr college degrees to become an officer.
Because we have too many. The USA Police Force was created by Wells Fargo Banking to protect their Gold.
Retired Federal LEO here. By Federal Law we can carry in retirement if we qualify every year, HR 218. Local police have arrested and harassed retired Federal LEOs because they do not know the law, or in the case of some states like New York, they try to impose their carry or weapon standards even though Federal Law overrides local laws. Many retired LEOs carry a copy of the Federal Statue permitting them to carry in with them to inform officers of the law. Many of us also get state carry permits just in case we bump into an officer who is ignorant of the law. It has gotten so bad that Congress passed a bill aimed at stopping infringements on HR 218 by state and local authorities. There are too many places where ideology is used as an excuse to violate the law, New York is one of those places.
The fact that You actually believe as a retired Federal Parasite You more power over others ... is the Very Scary mindset Good people are trying to make others aware of. Did You understand your own words "There are too many places where ideology is used as an excuse to violate the law". The 2nd Amendment is crystal clear. every day people has as many or more rights as far as firearms than any LEO active or retired. Everyday people have less intrusive Agendas ... hence their mindset is more benevolent than any ... "LAW ENFORCEMENT OFFICER. Your Welcome.
Yup, the law will help prevent you from being convicted in court, it may not prevent you from being arrested.
I am a resident of the State of Florida and have a Florida Concealed Carry license. While I rarely carry, I have the license for the reason of reciprocity with other states, like my home state of Missouri, which honors my Florida CCW when/ if I happen to be back home.
When carrying under reciprocity however, you cannot carry within 1,000 feet of a school under federal law.
It also exempts you from waiting periods for gun purchases here in FL.
@@carlos06291960 Nope still a 5 Day wait.
Reciprocity is the main reason i have my CCW, and to skip the waiting period😏
Why would you rarely carry? It's going to be the time you need it that you don't have it. Don't make assumptions. It's going to happen when you don't expect it. It's better to have it and not need it than to need it and not have it. Now, if you aren't comfortable with a firearm (not meant to be a dig at you at all), then maybe not carrying is a good idea. I'm all for the rights of those to carry, but some people shouldn't be carrying, even though they can.
Great updates of the guns laws! Thank you!
Great video.
IIRC, Jeb Bush expanded the "castle doctrine". It eliminated the duty to retreat clause (stand your ground). Also made it so the perp, or perps' family, can not sue you in civil court.
Open carry, I believe, also includes your property.
Yes you may open carry while doing or traveling to or from the following activities:
Hunting, fishing, camping, going to a gun range, on any private property where the owner allows (except for bars where no guns are allowed regardless)
For those who have a CCL (conceal carry license) it is NOT mandatory to have it locked anywhere. As long as it is concealed, you can have it lets say, under your shirt while driving.
So if I am legally conceal carrying without a ccl, what happens when I get in my car? Can I keep it concealed? And what if I want to take it off while driving and all I have is the retention holster I carry in?
I've listened to a lot of people trying to define all the laws and I must say you did an excellent job I am now subscribed to your channel thank you !
He was close to be 100% correct.
Thank for the clarification on the constitutional carry! I did go through the paperwork and I hold a Florida CCW permit
I’d never open carry the bad guys do not need to know that until they need to know!
As a retired LEO that worked in Florida and Indiana, it is my opinion that Florida needs to modernize its firearm laws and align with most states that are constitutional carry states. Those states do not specify if firearms have to be concealed. Just cut out the B.S. Florida.
You're an idiot, ex LEO or not, if you think open carry is okay.
Relax
Exactly.
The laws are way too complicated and hard to understand and they vary so much from place to place year to year. It would be nice if it was a whole lot easier to understand.
Should have cwp to co-exist in all states
Excellent dissertation on those important laws in our state. Unfortunately, the majority of gun owners carrying concealed, do not have in depth knowledge of these important laws where they can get into trouble as a result. Thanks for sharing!
I assumed a guest on my property could open carry with my permission. Thanks for the correction.
Yeah, me too.
That depends on your property. In many cases you can.
@@BobChanterEelaborate please.
@@cheferman65 Well, apparently I am wrong. Technically you cannot carry at a friend's house. But here is what I posted earlier in this thread.
Referring to open carry at a friend's house, with permission:
You are correct. I heard him say it and looked it up in the statute. Technically speaking, he is correct. There is not an exemption in the statute. But as a retired Florida LEO of over 30 years, there is no way in hell you would ever be charged and certainly not convicted of such. If you're in my house and carrying a firearm on your side, with my permission, law enforcement would never know. I can't come up with a scenario in which it would be an issue. However, technically speaking, he is correct.
If you are conducting legal target practice on your property then a guest can.
Issue/Question:
So, a common agruement amongst my peers is, what happens after a shooting occurs. Whether justified or not. My point is, you must be sober while carrying and there's probably gonna be some sort of tests done on the shooter to check mental and physical condition. Can you do a follow-up to this video describing the process immediately following a shooting. Basic Joe Citizen standing his ground, then waiting for the police. Great information! Thank you!
Open carry is illegal for now. But gun owners of America on behalf of a Florida citizen have filed a suit to get that overturned. Bruin and Heller changed everything.
You can open carry as long as you are to, or coming from fishing; hunting. Look up the Armed Fisherman here in FL!
@@rigleyrigley4000 Also hiking/camping and more.
Anybody that open carries is stupid. I'm all for carrying, but for god's sake, keep in concealed.
Love my guns. But as a Florida resident, Florida is the one state that shoukd not have open carry. God no!
@@BobChanter I’m inclined to agree. Best thing about open carry is not getting hassled for accidentally printing through a light shirt since we wear hot weather clothes 6-7 months/year.
Great job! Thank you for citing the individual statutes!
Excellent presentation. Appreciate you giving the actual statute.
Thank you for cleaning up some questions I had. Very informative video. Good job GL.!
Retired Police Officer Thanks you for a great video.
Thanks for spreading the word
🎯 Key points for quick navigation:
00:00:33 *🔍 Florida does not have constitutional carry; instead, it has permitless carry which allows eligible individuals to conceal carry without a permit.*
00:02:53 *🚫 Open carry is illegal in Florida, with specific exceptions such as carrying while hunting, fishing, camping, or in one's home/business.*
00:05:42 *🚗 Individuals can carry firearms in their car without a concealed carry permit, provided the weapon is securely encased or not readily accessible.*
00:09:12 *⚖️ Florida's "stand your ground" law allows individuals to use deadly force without retreating, as long as they are in a lawful place.*
00:10:40 *⚔️ Deadly force can be justified if an individual reasonably believes it's necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony.*
Made with HARPA AI
I do not want to open carry around a crowd up people. Open carry is for the national forest I live in.
Thanks for the information on the top 5 laws to know regarding Pew-pews in Florida. We have recently relocated here and had questions.
Additionally, as a patriot who wants to be “in the know”, I made sure to subscribe to your channel.
This info should be taught in schools all across the state. Great info
Get the CCW permit ! It will save you a lot of hassle !
Not hard to obtain; but the only real advantages I see are (1) you can buy a gun at a gun dealer without having the 3 day waiting period apply, and (2) it is more readily accepted by states that have reciprocity with Florida.
@@k_enn Those reasons right there are good enough to justify getting one.
True. Additional reason is that some police will try to see if you have disqualification issues and they will search records which take a lot of time.
I think its pretty expensive to get one though
@kubotalife3636 is well worth it. The most expensive part is the training and range time. I disagree with Florida for dropping the permitting. I had a CCW in Georgia and was still required to take the training and prove proficiency with a firearm. There are differences between the states, and without the training, i would have been in violation without knowing it. Florida has made it too easy for ill prepared people to conceal weapons.
Thank You Sir,For Caring And Sharing These Important Gun Laws.
Thanks for educating us all
Great informative video! Always good to have this knowledge in the back of your mind. Not sure if you have covered this in another video of yours but would love to see a video breaking down the statute 790 I believe it is for shooting a firearm recreationally on your property. What goes into that exactly, how much property and safety requirements
I've always kept my 1911 45ACP cocked and locked in the glove box now for about 4 1/2 decade's and never had to use it thank God, what's the old saying : better to have it and not need it then to need it and not have it......🤪🇺🇲
Does it need to be in a snapped holster? That wasn't clear in the video.
@abc456f No it does not need to be in a holster if it's in the glove box.
I work in night club and casino and did security at all kinds different events most times I never carried a weapon bút one night I had feelings I should have at least spray and I don't that night I was stabbed and beaten till my heart stopped.
My biggest concern to keep my gun in the glove box is what if my car got stolen, or break into and the gun got stolen while I am shopping for grocery or watching a movie.
@@martincstee5335 Should be taking it with you.
Glad you covered hunting and fishing to and from.The armed Fisherman shows us cops do not know the law consistently.
The level of incompetence is only getting worse. DEI is not helping and the defund the police rhetoric does not help. The quality of law enforcement is lacking and I blame the media for the majority of problems is this country.
Thank you for the informative video, this helps out a lot.
Thank you for taking the time to explain those laws 👍👍
Great information for a new FL resident. Thank you
Thanks Jeff, also coming out with the great info!!
@@Ilpokeu thank you
I’m a Florida resident and didn’t know all of these firearm laws, thank you for this vid!
Thanks for sharing very informative . Semper Fi
What a great job! Concise and informative!
One thing I have always been wondering about is if a firearm is in a locked compartment, not easily accessible, What help is it in preventing a car-jacking, robbery, or assault? No one is going to wait for you to gain access to your firearm before continuing the crime. Was any one thinking about that when the law was devised?
It doesn't have to be locked. Listen again " center console as long as the lid is shut" eg.
Did he say " in a snapped holster", along with in a console or just the firearm without a holster in a console? I have a CCP so I believe I can carry on my person in my cat without putting it in a console. Correct me if I'm wrong :))
@fuzfire With the permit you can carry on your person in the car. I'm still not clear about having it in the console or glovebox...does it need to be in a snapped holster?
@@abc456fpretty sure that without a permit you can still keep it concealed just like outside the car as long as you meet the requirements to do so. Your car is an extension of your home when you are in it.
You can carry a firearm not in a holster if it is in a compartment that has a lid on it. You can carry in your car, on you, with the CCP.
Super clear 👍
Apparently shall not be infringed doesn't mean much nowadays
Yes the word "much" is meaningful as now it is "Shall not be infringed... much". :
The snap holster thing is so stupid. These are outdated laws that need to be striken.
I mean, since we are cherry picking the second amendment, let’s not forget the “well regulated” part. Just sayin.
@@gatorjohnny Learn what that actually meant when it was written. 😂 It doesn’t mean regulating the people or the guns.
@@geoffreygreen297 lol I mean, constitutional scholars, people much smarter then you, who devote their whole lives to studying and analyzing the constitution, have yet to fully figure out what this phrase meant, but you! YOU somehow know more than them! You think (key word) you’ve figured it out! Hahahaha. Sorry, but your opinion and interpretation is not a fact. It’s just your opinion and interpretation. It really doesn’t mean anything. To quote the internet “Educate yourself” and learn more about the topic. Good luck.
Good review and discussion regarding Florida gun laws.
Good summary. The one unfortunate thing of passing permitless carry here, is now folks can conceal-carry without taking the safety class...which was basically a full day discussing every law you just described...and unfortunately an uneducated weapon holder is a scary thing.
I have been having problems with some people ignoring the safety rules at a public range I and my brother have been going to for decades. In recent years it has gotten worse. It is not about education; education is knowing FDR was as much a Jew-hating racist as Hitler was and that FDR starved Americans. FDR also allowed the KKK to run wild. Gun safety is about growing up. And now, there are many Americans who never grow up. They should not be allowed to drive. There was a time when students had hunting guns in their trucks parked in school parking lots. Some schools had shooting ranges. There were no mass shootings. Teenagers hunted animals then, not people. From a young age, they grew up hunting and fishing. The teens who stopped the Holocaust grew up hunting. The Nazis had very strong animal cruelty laws. But starving millions of Jews was OK. A few decades back, young Americans were killing people over trees. They were called tree-huggers. The government came up with a new word, Enviroterrorism. I 100% agree that is takes a lot longer for Americans to grow up. The government tells us there are about 120 million gun owners in the US, and more guns than people. No new laws can change that.
Great explanation of gun laws of Florida. Thank you
Good info. I did not realize a guest cannot open carry in my home legally.
In your home? Of course he can.
@@BobChanter you might want to rewatch the video. Unless I heard it back-asswards he specifically said a guest could no legally open carry in your home. Of course it wouldn’t bother me in the slightest.
@@jayabramson6702 You are correct. I heard him say it and looked it up in the statute. Technically speaking, he is correct. There is not an exemption in the statute. But as a retired Florida LEO of over 30 years, there is no way in hell you would ever be charged and certainly not convicted of such. If you're in my house and carrying a firearm on your side, with my permission, law enforcement would never know. I can't come up with a scenario in which it would be an issue. However, technically speaking, he is correct.
@@BobChanter As a fellow law enforcement officer you are 100% correct as he is.
@@BobChanter I agree with you completely.
For me, open carry is not a great idea, at least in public. Nobody can keep up the amount of situational awareness that would be needed to keep someone from stepping up behind you and “relieving” you of your firearm. It happened in Texas right after they passed an open carry law. That said, open carry law would prevent an accidental exposure from becoming an arrest for brandishing.
Very informative video. Thank you.
There’s been a lot of dummies out there in Florida with open carry 🤦♂️ thank you for clearing the mess
Thank you for the 411. Very clear cut and concise.Q
Why would anyone want to open carry. It don’t want that type of attention anyway and I want the upper hand and element of surprise of concealment.
Because the 2A says “the right to keep and BEAR arms” banning open carry is unconstitutional. I can probably speak for many others when I say that even when open caring becomes legal, they still won’t do it. BUT that doesn’t mean we shouldn’t have the ability to do so. All though unnecessary now, there may be a time when it becomes in your best interest to open carry…
100% correct.
I do it in Georgia all the time because I work out in the middle of nowhere. It’s a lot more comfortable when it’s 100 degrees out and moving a lot. Don’t have to change that when I go to a store or whatever. I’ve been open carrying my entire life, never once have I had a negative experience or reaction because of it
@@jetspeed9618 I worked on a radio station up in Virginia. Always weirded the Radio Shack person out, a 6' 2" person coming in with jeans and flannel shirt coming in strapped talking about POTs lines, power supplies and transmitters 😂
Excellent explanation of the five most important gun laws we need to know.
Thanks for the refresher
Nicely done Sir.... appreciate the refresher course....🧑🎤🥁🎸
Thanks….good info…as it gets confusing with constant changes.
Great podcast Jeff!
As a retired LEO from Chicago, now living in Florida, thank you for giving this most important information to Florida gun owners. Everyone needs to know that when you decide to use a firearm you will be both in legal and civil jeopardy. I certainly recommend having conceal and carry insurance and professional training if possible.
You’ll ALWAYS be in legal and civil jeopardy as long as you don’t follow what the Florida statutes say about when it’s legal to threaten or actually use a firearm to defend yourself. It doesn’t mean that the moment you use your firearm you can/will automatically be held liable civilly.
@@Linovtac Sure ... not automatically, but the likelihood of being subject of a civil law suit resulting from using your firearm is extremely high. The deceased's family (or surviving injured person) will be approached by an attorney if it is learned that you have any worthwhile assets. Trust me, don't think for a minute that even if you were legally justified that you can't be found civilly liable. Having conceal and carry insurance is recommended to anyone carrying a firearm for self protection. I wouldn't be without it.
@@jckcpd4539Check out Florida Statutes 776.032
@@Linovtac you can follow the law perfectly and then entrust 12 brain dead morons to vote on your fate. We know from the last election that there is a majority of those people in the country now.
@@jckcpd4539 I’m not impressed that you brag about being a cop in Chicago, were the most strict gun laws are. Now the chief move to Florida, where free people walk around and we have constitutional sheriffs who keep tyrannical mayors, and city government and PD’s in check because they are tyrannical. It’s unfortunate that people that are running from their failed policy in place is like Chicago come to Florida and impose your psychosis on free people.. badge or no badge
Getting ready to move to FL, amazing this algo brought is up… or is it… great vid, thx for taking the time to break this down, appreciate guys like you! You have my my sub!
The most important ones you didn't least , the red flag ones
😢 New subscriber. Excellent information! Thank you for sharing!
We live in America where everything is a crime
Unless you're a Democrat politician, Antifa or BLM.
@flyjets don't have to mean make life hard for people who just is trying to live and survive prolly the same reason why you can't legally fly old man even tho you're more then capable of it
@@flyjets Next they will require Grammar Classes for ThisTube commenters ... Say It Ain't So !
Until you prove yourself innocent.
Unless if you are a career criminal?
Thanks for bringing clarity to this issue
The Armed Fisherman seems to do a good job of "getting away" with toting a fishing pole and an AR..
Them carp can be really dangerous.
@@itchitrigger1alligators, bears, and Karens are the real danger while fishing.
He's doing nothing to help the cause
He’s a great example of why we don’t need such a Stupid Law.He’s an Arrogant A-shole who makes all gun owners look like a bunch of idiots.👎🏻
He is trying to normalize it. So when we do it we won’t be harassed. You’d think by now they would know who he is and the law on it.
The perfect voice for radio.
AM in the 50's.
Thank you so very much for the information and by the way the hat is excellent
There are advantages to having a CCW in Florida, these should be clearly explained.
The best thing for us all is to remember our A,B,C s (Always Be Carrying)
VOTE VOTE VOTE call everyone you know to get out the VOTE. People in PA, MI, VA, AZ, NV, NY, FL and MN. are close; call your friends , gun clubs, to get out the VOTE, WE can win these state if GUN OWNERS VOTE.
What’s the current pistol brace rule in the country?
Excellent presentation, thanks!
Just apply for a CCL
Very informative Jeff, Thanks
Excellent video. Take a look at FSS 870.044. Another important one. It's a stupid law.
Thanks for the info , I just looked it up. It leaves you unprotected when you need protection the most.
Explain
@@richieBZ www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0870/Sections/0870.044.html
Good job clarifying those laws!
I'm not a fan of permitless carry. When I took the concealed carry class, there were several people that had never handled a firearm. They received excellent instruction from the professionals leading the class. I think we would all be better off if people carrying a firearm receive basic instruction on the safe handling of firearms.
💯👍
It is a God Given Right, we have surrender enough of our rights to big brother already. Individuals need to have autonomy to make decisions without big brother being the societal nanny. Enough of babysitting grown adults!
Basic instructions is not training
@@hiramhaji7813 True, but I don't understand your point.
@@jonh901271Having received some Pre K level firearms safety training hardly makes someone more qualified to handle a firearm, much less proficient in its martial use. It is a ridiculous standard that unduly burdens people who are competent and capable of carrying, and gives ignorant people a false sense of confidence in carrying a weapon that they have no idea how to use.
This is a great video. Very informative.
Just to clarify, you said open in My Home does that also include my property outside of my home like my driveway or my sidewalk or with that information be clarified on that statue would you be able to clarify that? Thank you in advance
Florida you are allowed to open carry to or from hunting fishing hike and outdoor activities. And on your personal property.
Not on the sidewalk
Thank you for the information he was very helpful
Thank you!
Thanks! Very usefull information.
One question: With permitless concealed carry, is it now legal to carry your concealed firearm on your person in your car?
It is very nice to hear from a legal expert the absolute truth about Florida's excellent laws concerning carry firearms.
I am not a lawyer, but my understanding is…Yes, carrying concealed, includes anywhere that firearms are not prohibited (schools, government buildings, places of business where alcohol is primarily sold and consumed, etc). However, make sure you understand what “concealed” means. As a rule of thumb, it means…no one else, other then you, can EVER, EVER see that weapon, or the obvious outline of it through clothing, unless it is being lawfully used in protection. (Don’t ever show it to your friends, family, coworkers, etc). It’s a good idea to conceal carry a weapon that only you have seen and no one else has ever put eyes on. If you want to “show off” your guns, show one that is not going to be your concealed carry. Because, if someone ever wants to have you arrested, all they need to do, is tell a cop that they saw your gun, describe it, and the cop will come find you, check the gun, and if it matches the description, you have now been guilty of violating “concealed carry”.
@darinruddock3394
I assumed the same, yet somehow find myself fighting (an incredibly expensive) battle against the state of Florida and its attempt to ruin my life. While my circumstances are not as black and white as concealed carrying=legal or not legal, they are circumstances a lot of people could find themselves in.
I was arrested early this year while driving with a suspended license. I was not aware my license had been suspended. When the officers searched my vehicle prior to towing it, they found my EDC carry pistol within its holster and wedged into the driver door panel. Because I was committing an arrestable offense, having the weapon "concealed" while I committed that offense has led to a situation where I am being charged with a 2nd degree felony of "possessing a firearm in commission of a crime." I am in my mid 30s, have no prior criminal record and legally owned the gun in question. I wasn't aware my license had been suspended and thus could have never assumed I would be in a situation where my maximum sentence if convicted is 15 years of prison. Be careful and don't make assumptions when it comes to this stuff
@@darinruddock3394the outline aka printing does not make a gun not concealed. Concealed means you cant actually see the gun through ordinary sight.
@@edogriff Your clarification is a true representation of how a judge might rule on “concealed”. My point is this…in order to avoid someone calling 911 or just telling a nearby Cop that they “saw” your gun, stick with my stronger definition of “concealed”. If you can keep the cops happy and avoid someone in public from even thinking about your “concealed” weapon, you will never find yourself explaining it to a judge.
@@darinruddock3394 Its literally the definition in Fl statutes of concealed under 790 I quoted.
Good stuff - thanks for the clear, concise information.
Spot on, great info! I study the FL laws frequently since I got my CCW in 2020 Just wanted to add a little something to your 3rd fact.
There's a difference between long guns and pistols when it comes to transporting them in a vehicle. Rifles can't be loaded and in ready condition like hand guns can. You can totally rock an AR pistol full ready in a bag as a truck gun though.
Can you give me the statute that states I can't carry a loaded rifle thats encased?
@@IslandManMitch I stand corrected, there are some other states that pose this restriction and I thought FL did too but apparently not. Long gun would be considered any other weapon.
Excellent explanation, thank you!
Some advice from a “Non-Lawyer”….
I am not a lawyer, but my understanding of, and experience with carrying “ concealed”, includes anywhere that firearms are not prohibited (schools, government buildings, places of business where alcohol is primarily sold and consumed, etc). However, make sure you understand what “concealed” means. As a rule of thumb, it means…no one else, other then you, can EVER, EVER see that weapon, or the obvious outline of it through clothing, unless it is being lawfully used in protection. (Don’t ever show it to your friends, family, coworkers, etc). It’s a good idea to conceal carry a weapon that only you have seen and no one else has ever put eyes on. If you want to “show off” your guns, show one that is not going to be your concealed carry. Because, if someone ever wants to have you arrested, all they need to do, is tell a cop that they saw your gun, describe it, and the cop will come find you, check the gun, and if it matches the description, you can now be arrested and subsequently be found guilty of violating “concealed carry”. Further suggestion…paint an obvious mark on the barrel, or upper side of the concealed gun. If no one ever sees that painted mark, except you, then someone describes seeing that gun without mentioning the painted mark, you will have a good argument that the person was lying about seeing the gun at all. But remember, DONT EVER LET ANYONE SEE IT! This means ANYONE, wife, brother, mother, kids, friends, coworkers, ANYONE!
I think it would be rare and foolish for an officer to arrest someone for exposing their firearm momentarily because they reached for something in a store on the top shelf. Could it happen, I suppose. But I've never heard of it happening. I would be less fearful of arrest for exposing my firearm inadvertently than knowing a bad guy might see it. In fact, Florida law addresses momentary exposure. It's written in Florida Statute 790.25.
Im in Florida, and i think everyone should have their CCW, especially if you own a firearm.
Law enforcement tends to react more positively towards people with a CCW.
Also, if you have your CCW, you can conceal carry on you while in your car. There's some big difference between having your CCW and just taking the permit- less route.
Look up Florida laws for having CCW vs. permit-less and what you can and cannot do. Im surprised he didn't cover that.
"With a Concealed Weapon and Firearm License (CWFL) or recognized out of state equivalent, in a private car, there is no restriction on how you can carry your handgun, as long as it is concealed. This means that no part of the firearm is visible to the eye. Contrary to popular belief, there is NO three step law in the state of Florida to access your firearm in a vehicle."
"Without a CWFL or recognized out of state equivalent in a private vehicle, the handgun must be securely encased or not readily accessible. Securely encased includes carrying a loaded handgun in a holster which closes over the handgun (not a pressure holster and not on your person), glove compartment, gun case or a closed container. Not readily accessible means locked in the trunk or vehicle storage compartment."
From Katz & Phillips P.A. Attorneys out of Orlando, FL. It's from their site.
Having just viewed this video, I also was concerned about the rules. I have multiple holsters with my primary EDC being in a Safariland with Level 1 retention. My other holsters don't have any additional retention including AIWB so it was very confusing in this video. It makes little sense to me that carrying concealed is completely defeated by the notion that I must remove my weapon when entering my car and place it into the center console or glovebox; neither of which conceals the firearm from my passengers! To note, I do have my FL CC license which I would present to LEO if I were to be stopped for any reason.
@rickeisenberg1294 I figured it confused people, which is why I said something. It makes no sense to me to carry without a permit. It just makes life easier for you if you have your CCW, especially for your car. 🤣
And I tell people all the time if you get pulled over, just put your hands on the dashboard or steering wheel and tell them you have CCW and where the weapon is. They'll actually be grateful you told them, making the stop nicer/smoother.
Thank you for your time and efforts in making this video, very informative, much appreciated!!! (Just liked and subscribed)
You need to clarify that you can carry concealed in a car if you are fully leagaly able to do so outside of the car under your permit or permit less carry .
This is what tripped me up because I assumed that you could and while this video is very informative, it completely confused me on that part. I carry without a permit. Used to have one years ago and it lapsed but then we got permittless carry so now I carry just the same as I did before. If I'm driving and want to take my gun off, or if I'm about to go into a building where I can't have it, I take it off and put it in the console and it's just in the same retention holster I carry in. So that is ok right? I fully meet the requirements to carry without a permit.
@@darkh3lmet82 As long as you put it in a container that has a "lid" on it, you are good to go. A glovebox, center console, etc. It can be under the seat IF it is in a "snapped" holster. If your holster doesn't have a snap, and many don't, you cannot put it under the seat while occupying the vehicle. I hope that helps.
gun owners of america have a lawsuit over the open carry part of the law to get open carry hopefully they win.
Thanks so much for putting in the work
And there is no “3-step Rule”!
Right, that was the rule, but no longer.
Gimme 3 steps mister ... gimme 3 steps mister ... and you'll never see me no more. :)-
New subscriber ty so much for your videos and time
MGL,
Gun laws are important. Knowledge of blade and melee weapons are important, as well. Please do a video or two on those, please…
ALL GUN LAWS are Immoral and Illegal. Nice try ... Do you work for MOSSAD or the CIA.
Thank you for this video, Sir.
Good job-from a recovering Texas lawyer merely living in Florida 🙂
You are an absolute gem, thank you for this video!
Thanks for the clarification on “Constitutional Carry”!
Great great information. Thank you
Great clear concise information on firearm carrying and use.
Good video!!! Simple and easy to understand!!
ON POINT, JUST THE FACTS. EPIC VIDEO. Thank you.
MGT for life. Cool seeing this channel.