Let me start by saying that I am not a lawyer, and you therefore shouldn’t rely upon my advice. With that being said, here is my reading on the new “constitutional carry” law that was signed by the governor today. (pdf alert, but not stored here at SectorOcho)
It removes the legal requirement to have a concealed weapons permit for anyone who can legally receive a concealed weapons permit in the state of Florida. If also removes the restriction against having a firearm in a pharmacy that was previously in effect for anyone not a LEO or a CWP holder.
Places that are off limits to carry remain otherwise unchanged. If you are legally permitted to carry a concealed weapon, carrying a weapon at a school is a misdemeanor. I still advise maintaining a permit because permit holders do not have to go through a waiting period for purchases.
Here is the big change, as far as I am concerned:
790.251 Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement.—
(2) DEFINITIONS.—As used in this section, the term:
(c) “Employee” means any person who is authorized to carry a concealed weapon or concealed firearm under s. 790.01(1) possesses a valid license issued pursuant to s. 790.06 and:
1. Works for salary, wages, or other remuneration;
2. Is an independent contractor; or
3. Is a volunteer, intern, or other similar individual for an employer.As used in this section, the term “firearm” includes ammunition and accoutrements attendant to the lawful possession and use of a firearm.
No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e):
(c) No public or private employer shall condition employment upon either:
1. The fact that an employee or prospective employee is authorized to carry a concealed weapon or concealed firearm under s. 790.01(1) holds or does not hold a license issued pursuant to s. 790.06; or
2. Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes.
This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of s. 790.33.
If you recall, the previous law was a bit of a gray area when it came to guns in parking lots. Take that, Disney.
A bunch of other stuff was added that governs schools and school boards. I haven’t read that yet.
So there you have it, some big changes coming to the state on July 1 when the law takes effect. I will be waiting to see some lawyer’s interpretations of the new law.
10 Comments
Bill C · April 4, 2023 at 7:35 am
I live in a senior community. Signs posted on entry doors forbid carrying weapons in the buildings. Do you think outsiders (contractors, visitors, etc.) will now be able to carry despite those signs? Thank you.
Divemedic · April 4, 2023 at 9:48 am
They can now. Signs do not carry the weight of law in Florida. Never have.
grumpy51 · April 4, 2023 at 11:18 am
In TX, businesses can post whatever signs they want….without force of law. HOWEVER, if the business posts a 30.06 or 30.07 sign (pertinent statutes), then it DOES have force of law.
Divemedic · April 4, 2023 at 5:05 pm
I know. This isn’t Texas, it’s Florida. We don’t have a law like that.
BobF · April 4, 2023 at 11:24 am
I’ll be keeping and renewing mine just for when I go to other states for reciprocity. I assume there are still those that recognize FL and others’ permits but have not caught up to recognizing the others may have no-permit-required at home.
John · April 4, 2023 at 1:15 pm
The other reason to keep a concealed carry zone is the Federal Gun-Free School Zones Act. Can’t have a gun within 1000 feet of a school. The key exception is if you are licensed, ie concealed carry license. The exception doesn’t apply if you’re permitless.
Can you drive around while staying 1000 feet away from all schools? Does it apply if you’re in a car? Have fun working that out with your lawyer.
Divemedic · April 4, 2023 at 5:08 pm
True.
Mike in FLA · April 6, 2023 at 10:12 pm
Howdy DM. Just a thought here – while I’m slightly to your South, the last time I made a purchase, I had to do the waiting period. I’ve had a CCW since the 90’s. Still had to do it. It’ll be a VERY good day when all this bullshit is over (IF it ever is!). May it come soon!!
Y’all take care,
Mike in FLA.
Divemedic · April 7, 2023 at 7:04 am
For a person with a CCW, the only waiting period of which I am aware is that some counties can pass a waiting period on handguns sold at a gun show held on public property. People with a CCW are not necessarily exempt, because local laws can vary.
I know that Volusia County, Miami-Dade, and Orlando all have some version of that. I think Broward might, as well. More on that in an upcoming post.
Mike in FLA · April 7, 2023 at 3:50 pm
Many thanks for your efforts! Looking forward to that upcoming post.
DM, I had a brain fart in the extreme!!! Here’s the (correct) story. Got flagged (wrongfully) and denied purchase – but it was finally approved. I can’t believe I didn’t think about that, but it’s been a few years ago. My sincere apologies! There’s a real reason for it – I won’t go into that, though.
I got flagged because some illegal in SC was using my name. After the shop called FDLE and informed them that they were releasing it to me, that was the end of it.
Y’all take care,
Mike in FLA.
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