Tips
Back - 58 59 61 62 63 64 65 66 - Next
Tip #60
1/13/04 LOK, This & That, 25th State & Knight's Korner
Good evening
Folks. The ownership and staff of Knight Shooting Sports and Jane and I hope
that all had a great Holiday Season and a Happy New Year. We look forward to
seeing you at Knight's soon and often and want to thank you for making 2003 a
very successful and enjoyable year. I am adding a new section to my website
called "Knight's Korner" and will have periodic articles submitted by Ed, Mark,
Marni, Harvey and other members of Knight's staff for your perusal. It never
fails to amaze me how much firearms and security knowledge is contained in that
outstanding organization. See you at Knight's! Tnx Norm
Ladies of the Knight Meeting -- January 13, 2004
The January 13, 2004, meeting will follow the standard format of
registration, sign-in and refreshments from 6 - 7 PM, a seminar on Identity
Theft Prevention and Cure presented by yours truly and Attorney Melinda Tindell
from 7 - 8 PM and then 'Handgun Bingo' from 8 - 9:30 PM. The cashier at Knight's
has the LOK registration forms at the register so that you may pre-register
before the 13th. The cost for shooters is $15.00 (per Ed Martenfeld, the owner,
$10.00 if you bring a new recruit) and includes range fees, firearm rental,
targets, seminar & eye and ear protection. Your ammunition expense is extra per
usual. You may bring your own handguns but iron sights only for the Bingo! The
cost for non-shooters is $10.00. Please don't forget that April, the chair
masseuse, works for tips only so please keep her coming back! You may email me
and I will send you the registration form via email so that you can print same
and then bring it with you to the meeting. The only stipulation is that you must
date and sign in the presence of a witness at Knight's! FYI, I am offering an
extra 10% discount on all Coronado Leather products purchased during the LOK
meeting. I also have a Ladies Only CWP January 17 and coed CWP's January 18 and
24. I have room in all those classes so please contact me if interested. My
business phone is 727-535-9151 and 727-515-1317 for my cell. By the way, the
February meeting is scheduled for the 18th! See you at Knight's! Thanks Norm
& Jane
With the addition of Section 790.015, Florida Statutes, in 1999,
Florida's weapons and firearms law was amended to allow the Division of
Licensing to enter into agreements with other states on the issue of carrying
concealed weapons. To date the Division has established such agreements with the
states listed below. In accordance with the terms of these pacts, each of these
states has extended the privilege of concealed carry to holders of Florida
Concealed Weapon/Firearm Licenses. The State of Florida has, in turn, extended
that same privilege to the licensees of these states. It is important for
license holders to understand that when they are traveling in or through another
state they are subject to the firearm laws of that state. We have provided links
to the state laws or to the licensing authorities' Web page of each of our
reciprocity states so that licensees can do the necessary planning and research
when preparing to travel.
FLORIDA'S RECIPROCITY STATES
Alabama (1,5)
Alaska
(1)
Arizona (6,7)
Arkansas (1)
Colorado (1)
Delaware
Georgia (1)
Idaho
(1)
Indiana (1)
Kentucky
Louisiana (1)
Michigan (1,4)
Mississippi
(1)
Montana
New Hampshire
(1,4)
North Carolina (1)
North Dakota
(1,3)
Oklahoma (1)
Pennsylvania (1,6)
South Dakota (1,3)
Tennessee (1)
Texas (1)
Utah (1)
Vermont (1,2)
Wyoming (1)
(1) While Florida's law allows licensees to carry stun guns, knives, and billy
clubs in a concealed fashion, the laws in these states allow for concealed carry
of handguns or pistols ONLY, NOT WEAPONS IN GENERAL. Florida license holders are
prohibited from carrying other types of weapons while in these states.
(2) The State of VERMONT is unique in that it does not issue
weapon/firearms licenses. Florida licensees -- indeed, licensed or unlicensed
citizens from any state -- may carry in Vermont. This presents a problem for
reciprocity with Florida. Florida law provides that an out-of-state resident
must have in his or her immediate possession a valid license to carry a
concealed weapon or firearm. Since Vermont residents have no such license, the
right to concealed carry cannot be extended to them under Florida law.
(3) Under NORTH DAKOTA and SOUTH DAKOTA law, licensees qualify to possess
a concealed weapon permit once they become 18 years of age. Florida CANNOT
extend the privilege of concealed carry to citizens of these states who are
under the age of 21.
(4) Florida issues concealed carry licenses to qualified individuals
regardless of whether or not they are Florida residents. MICHIGAN and NEW
HAMPSHIRE will honor the Florida license ONLY IF the license holder is a legal
resident of Florida.
(5) The Attorney General's Office of the State of ALABAMA has indicated
that Alabama will honor BOTH resident and non-resident Florida licenses.
However, the Alabama Attorney General notes that there is some uncertainty as to
the limits of Alabama's reciprocity law as it pertains to non-resident licenses.
Pending clarification by the Alabama Legislature or a decision by an Alabama
court, he urges non-resident Florida license holders to exercise caution. Refer
to the Alabama AG's Web page for the latest information.
(6) Like Alabama, ARIZONA and PENNSYLVANIA will honor BOTH resident and
non-resident Florida licenses. Because of the restrictive language in Florida's
reciprocity law, Florida WILL NOT honor non-resident licenses issued by these or
any other states.
(7) Florida issues concealed carry licenses to persons whose civil rights
and firearms rights have been restored and thereby made whole in the eyes of the
law and the Constitution. However, ARIZONA will honor a concealed weapon license
ONLY if those rights were restored by a full pardon signed by the Governor or
President of the United States. ARIZONA will not honor concealed weapon license
in possession of a Florida licensee if those rights were restored by any other
means than a full pardon. Therefore, a Florida licensee who has had civil and
firearms rights restored but who has NOT received a pardon from the Governor or
President of the United States
is prohibited from carrying a concealed firearm in ARIZONA.
ANSWERS TO COMMONLY ASKED QUESTIONS ABOUT RECIPROCITY AND TRAVELING WITH A
FIREARMQUESTION
1. I have a Class "G" Florida Statewide Firearms License. Do the terms of
the reciprocity agreement apply to me?No. The Class "G" Statewide Firearms
License is a license issued to qualified security officers and private
investigators under the authority of Chapter 493, F.S. The license authorizes
the license holder to carry a firearm in the course of performing job-related
duties. The terms of the reciprocity agreements apply only to licenses issued to
citizens under the authority of Chapter 790, F.S.
2. There are a number of states that issue concealed carry licenses but
do not have a reciprocity agreement with Florida. Why? The State of Florida will
honor the concealed weapon/firearm permits issued by another state PROVIDED THAT
the other state will agree to honor the licenses issued by Florida. The states
listed above are the only ones that have agreed to honor Florida permits. There
are a number of reasons why other states refuse to honor Florida licenses. Some
states will recognize another state's licenses only if that other state's gun
laws are substantially similar to their own. South Carolina, for example, will
not honor Florida licenses because Florida's issuance standards differ from
South Carolina's standards on key points. Other states simply do not have the
statutory authority to establish reciprocal agreements with other states. Oregon
is among the states in this latter category.
3. I am a Florida resident with a Florida Concealed Weapon/Firearm
License. Are there carry restrictions that I should observe while traveling in
other states? Yes, there are. First of all, you should be aware that, as noted
above, you are limited in many states as to the type of weapon that you can
conceal. Many states allow concealed carry of handguns or pistols only. In
addition, most states' gun laws prohibit carrying concealed weapons into such
places as schools, bars, courthouses, and so on. Generally speaking, the other
states' lists are all quite similar to Florida's. Florida's list of designated
"NO CARRY" places is found in Section 790.06(12), Florida Statutes, the entirety
of which is quoted below:
790.06(12) - No license issued pursuant to this section shall authorize any
person to carry a concealed weapon or firearm into 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, except that
nothing in this section would preclude a judge from carrying a concealed weapon
or determining who will carry a concealed weapon in his or her 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 on the
premises, which portion of the establishment is primarily devoted to such
purpose; any elementary or secondary school facility; any area
vocational-technical center; any college or university facility unless the
licensee is a registered student, employee, or faculty member of such college or
university and the weapon is a stun gun or nonlethal electric weapon or device
designed solely for defensive purposes and the weapon does not fire a dart or
projectile; inside the passenger terminal and sterile area of any airport,
provided that no person shall be prohibited from carrying any legal firearm into
the terminal, which firearm is encased for shipment for purposes of checking
such firearm as baggage to be lawfully transported on any aircraft; or any place
where the carrying of firearms is prohibited by federal law. Any person who
willfully violates any provision of this subsection commits a misdemeanor of the
second degree, punishable as provided in s 775.082 or s. 775.083. A licensee
planning to travel to another state should consult that state's laws or call a
law enforcement agency in that state to find out precisely what carry
restrictions apply.
4. I have a Florida Concealed Weapon/Firearm License, but I am not a
legal resident of Florida. Can I travel to the states that recognize Florida
licenses and still carry a concealed weapon? Most of the reciprocity states will
honor Florida non-resident permits; however, two states - Michigan and New
Hampshire - have indicated that they WILL NOT honor non-resident Florida
licenses. Because gun laws are subject to change or different interpretation by
state courts, it is recommended that non-resident Florida licensees call or
write licensing authorities in the states in which they will be traveling to
obtain the latest information. QUESTION 5. I have a concealed carry permit from
one of the states with which Florida has reciprocity, but I am not a resident of
that state. Can I carry legally while visiting a Florida?No. Florida, like
Michigan and New Hampshire, has a residency requirement in its reciprocity law.
Florida does not recognize non-resident concealed carry permits from other
states.
QUESTION 6. I am planning a trip to Florida shortly. I do not have a permit from
my home state nor do I want to obtain a Florida permit. However, I would still
like to have a weapon with me for self-protection. What are my options? Florida
law does allow a citizen to transport a weapon in a private vehicle, even if
that citizen DOES NOT HAVE a concealed weapon license. Note the following two
key provisions in the law:
Section 790.25(5), which deals specifically with possession in a private
conveyance states that "it is lawful and is not a violation of s. 790.01 for a
person 18 years of age or older to possess a concealed firearm or other weapon
for self-defense or other lawful purpose within the interior of a private
conveyance, without a license, if the firearm or other weapon is securely
encased or is otherwise not readily accessible for immediate use. Nothing herein
contained prohibits the carrying of a legal firearm other than a handgun
anywhere in a private conveyance when such firearm is being carried for a lawful
use. Nothing herein contained shall be construed to authorize the carrying of a
concealed firearm or other weapon on the person. This subsection shall be
liberally construed in favor of the lawful use, ownership, and possession of
firearms and other weapons, including lawful self-defense as provided in s.
776.012." (Emphasis added.) Section 790.001(17) defines the term "securely
encased" to mean "in a glove compartment, whether or not locked; snapped in a
holster; in a gun case, whether or not locked; in a zippered gun case; or in a
closed box or container which requires a lid or cover to be opened for access."
So, while you cannot carry the weapon on your person, you can at least have it
nearby in your vehicle while traveling.
7. I am a Florida license holder and will be driving through several
states on an upcoming trip. Some of these states do not have reciprocity with
Florida. If I plan to take my firearm with me, what precautions should I take
for transporting my weapon in my automobile securely and legally? INTERSTATE
TRAVEL WITH FIREARMS FALLS UNDER THE JURISDICTION OF FEDERAL LAWS. The relevant
section from United States Code is quoted in its entirety below.
Sec 18 USC 926A. Interstate transportation of firearms.
Notwithstanding any other provision of any law or any rule or regulation of a
State or any political subdivision thereof, any person who is not otherwise
prohibited by this chapter from transporting, shipping, or receiving a firearm
shall be entitled to transport a firearm for any lawful purpose from any place
where he may lawfully possess and carry such firearm to any other place where he
may lawfully possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the passenger
compartment of such transporting vehicle: Provided, That in the case of a
vehicle without a compartment separate from the driver's compartment the firearm
or ammunition shall be contained in a locked container other than the glove
compartment or console. Interstate travel with a firearm is, therefore,
permissible as long as the firearm is unloaded and in such a place that it is
completely inaccessible (preferably the trunk of the vehicle).
HOWEVER, WE STRONGLY RECOMMEND THAT CITIZENS PLANNING TO TRAVEL WITH A FIREARM
SHOULD CALL THE LAW ENFORCEMENT OR LICENSING AUTHORITIES IN THE STATES TO OR
THROUGH WHICH THEY WILL BE TRAVELING TO OBTAIN THE LATEST INFORMATION REGARDING
WEAPON TRANSPORT LAWS. IN SOME CASES, STATE LAW TAKES PRECEDENCE OVER FEDERAL
LAW REGARDING INTERSTATE TRANSPORT OF FIREARMS.
8. I am traveling by plane and would like to carry my weapon with me. Can
I transport a firearm on a plane legally? Transporting a weapon on a commercial
airline is legal under the regulations of the Federal Aviation Administration
(FAA). However, travelers must comply with certain security procedures.
Generally speaking, the FAA requires that weapons be unloaded, stowed in
hard-sided, locking luggage, and declared at the main ticket counter at the time
of check-in. At check-in, you will receive proper documentation to place inside
the gun case indicating that the weapon had been declared. Each airline's
security procedures may be slightly different, so it is recommended that you
call the carrier with whom you are planning to fly to get instructions.
9. I am a Florida license holder, and I have recently received a
solicitation in the mail for an "official badge" identifying me as such a
license holder. Are these badges legal? Does the Division endorse these
badges?No, the Division does not endorse these badges, but they are not illegal.
There is nothing in Florida law that specifically prohibits companies from
offering to sell these badges to Florida license holders, nor is there any
provision that prohibits license holders from carrying such badges. License
holders should be aware that the use of official badges is prohibited in Florida
Statutes in a couple of places. Section 30.46 specifies that a badge in the
shape of a five-pointed star can be used by Florida sheriffs and deputy sheriffs
only. Section 843.085 makes it unlawful to wear or display any authorized
indicia of authority (including any badge) which could deceive a reasonable
person into believing that such item is authorized by any federal, state,
county, or municipal law enforcement agency.
Licensees should also take note that these badges do not substitute for
identification or confirmation of your status as a holder of a Florida Concealed
Weapon or Firearm License. Only the license issued by the Division will serve as
a means of identifying a citizen as a license holder.
Inaugural Knight's Korner - Submitted by Marni
Martenfeld, President, Knight Shooting Sports
The September 6, 2003, St. Pete Times reports "a 14 year old boy
accidentally shot to death his 12 year old friend [Sean Caroline] Friday
afternoon as they played with the older boy's father's gun. The older boy's
father, Louis S. Mevec, had left the loaded gun under the couch in the living
room," stated the detective. Unfortunately, this kind of tragedy happens more
often than it should. Education in gun safety is imperative in order to prevent
accidental gun violence. Because guns are present in everyday American life, we
need to safeguard ourselves and our children against accidental gun violence.
While growing up, my family owned a collection of guns. At a very young age, my
education in gun safety began. I was shown the safe handling and operation of
guns, as well; I was shown what a gun could do when my father took me to the
local gun range. I was also told never to touch any gun unless an adult I
trusted was present and had given me permission. Now I own and operate an indoor
gun range and am around guns everyday. I also teach customers how to safely
operate their guns on and off the range. I would like to show you that guns are
a real part of everyday American life. I will prove that ignorance and
irresponsible storage of guns are the problems leading to the kind of tragedy
that occurred on September 5, 2003. Following, I will demonstrate that education
in gun safety and storage is the solution.
First, let's look at how guns are a real part of everyday American life. The
Second Amendment to the Constitution of the United States guarantees "a well
regulated militia, being necessary to the security of a free state, the right of
the people to keep and bear arms, shall not be infringed." In fact,
approximately half the households in the US have one or more guns. Furthermore,
Florida is one of the 38 States that permits its citizens to carry a concealed
weapon. It's likely that you or your children may be exposed to a gun while
visiting a friend or neighbor or even while walking on the street. Children are
mostly at risk. According to author Freya Hanson in her book entitled "The
Second Amendment, the Right to Own Guns," she states "the average child sees
8000 murders and 100,000 acts of violence on television before entering
elementary school. TV glamorizes the use of weapons." Newsweek magazine
identifies the problem that "young kids aren't able to distinguish between what
looks like reality on screen and real life." They state that "nearly half of all
accidental shootings of kids under 16 take place in the homes of friends and
neighbors." When St. Pete Times reporter Peter Schweitzer interviewed one of
Sean Caroline's classmate and friend after the tragedy, the little boy said "I
always knew guns were dangerous, but I didn't know a bullet could pass through
the body." Taking into account the prominence of guns in our society, a real and
undeniable potential for tragedy to happen is obviously presented. Ignorance and
irresponsible storage of guns are the leading causes to this problem. I say
ignorance because studies by the Journal of the American Academy of Child and
Adolescent Psychiatry show that "caregivers have unrealistic expectations of
children's developmental levels and impulse control, which may influence [their]
storage decisions or their inclination to address gun safety issues with
children and adults with whom children spend time." This ignorance comes at a
price. According to recent data from the US National Center for Health
Statistics, as reported by a medical letter from the Center for Disease Control
and the FDA, in 1999, 3385 children and teens were killed by gunfire. Florida
State Statute 790.174 requires the safe storage of firearms and states that "a
person who stores or leaves, on a premise under his control, a loaded firearm,
and who knows or reasonably should know that a minor is likely to gain access to
the firearm without lawful permission of the minor's parent or the person having
charge of the minor, or without supervision required by law, shall keep the
firearm in a securely locked box or container or in a location which a
reasonable person would believe to be secure or shall secure it with a trigger
lock, except when he is carrying the firearm on his body or in close proximity
thereto. It is a punishable misdemeanor of the second degree if a person fails
to store or leave a firearm in the required manner and as a result thereof a
minor gains access to the firearm without lawful permission and possesses or
exhibits it without supervision in a public place or in a careless or
threatening manner. A minor is defined as any person under the age of 16.
Despite this law, irresponsible storage of guns happens frequently. The
American Journal of Public Health cited by the Children's Defense Fund found
that 1.4 million homes with 2.6 million children had firearms that were stored
unlocked and loaded. This is exactly how the gun used to kill Sean Caroline was
stored; under the couch. There is a solution we can use to safeguard ourselves
and our children against accidental gun violence. That solution is education!
Education in safe gun storage and handling is imperative. According to my
college class psychographic analysis, 93% of the audience believes it is
important to teach gun safety to children, but how? Talk to your children about
the reality of guns in order to remove the mystery and glamour they see on
television. The Parent's Guide to Gun Safety from the National Rifle Association
recommends that a good time to introduce the subject to children is the first
time he or she shows an interest in firearms, even toy pistols or rifles. They
also advise using these toy guns as a way to demonstrate safe gun handling and
to explain how they differ from real guns. Additionally, they provide
instructions in the case that a child does find a gun while unsupervised. These
are: Stop! Don't touch! Leave the area! Tell an adult! Safe gun handling
involves three basic rules. First, always keep the gun pointed in a safe
direction away from yourself or others. Second, always keep your finger off the
trigger until ready to shoot; instead, rest it alongside your gun. Third, always
keep the gun unloaded until ready to use. If you are not sure how to check if
the gun is unloaded, secure it safely and ask for competent assistance. When the
gun is not in use, store it safely using a lock box or container or use a
trigger lock. In review, we discovered that guns are a real part of everyday
American life. We proved that ignorance and irresponsible storage of guns are
the problems that lead to tragic stories like Sean Caroline's. We also learned
that education in gun safety and storage is the solution that could have
prevented Sean's death. As you can see, education in gun safety is imperative in
order to prevent accidental gun violence. Considering that 78% of my class
knows someone that keeps a gun in their home, a considerable risk is apparent
which could be reduced by education. Let's hope that Sean did not die in vain.