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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

 

This & That
 

Please be aware that if you need to change your legal name on your CWP, simply send the court order for the name change with a letter requesting the name change and a $15.00 cashier check or money order to the address on the back of your CWP. Tnx to Chris R. for the tip! Please reread Jon Gutmacher's October 2003 update. He has an update to page 49 that reads "the Concealed Weapons Permit covers only handguns, billies, tear gas guns, and electric swords that do not fire a projectile. Therefore, long guns, nun-chuks, throwing stars, chemical sprays, swords, hatchets, brass knuckles, etc. -- are not covered by your permit!"

 

Concealed Carry Reciprocity
PLEASE NOTE: The reciprocity information on this page is ALWAYS CURRENT. The Division of Licensing constantly monitors changing gun laws in other states and attempts to negotiate agreements as the laws in those states allow. This list was last updated on December 15, 2003, when Delaware became the 25th reciprocity state.
 

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.

 

STAY SAFE AND GOD BLESS AMERICA!
SUPPORT OUR TROOPS!

 


"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."