Tips
Tip #67
Local Events, Backstop Problems, "What Were They Thinking" & Ohio
Good evening Folks. Jane and I hope that all safe and well. Just a real quick
reminder that LOK is scheduled for July 14, 2004, at Knight's from 6PM to
9:30PM. Don't forget ladies, you may invite the guys. There is great news on the
reciprocal front. Ohio was added July 2, 2004. The complete report is attached
herewith. There was a real poor shooting in Lakeland a few days ago -- great
'food for thought' in regard to a safe backstop even in a live event. That "good
citizen" is definitely not one of my students and, even if he were, I would
never admit it! If you are LEO, military, a pilot, an investigator, involved in
security or in the business, please call Harvey Martenfeld at Knight's. His
phone is 727-546-4447. Knight's is hosting a live First Choice Body Armor shoot
July 14, 2004, from 11AM through 2PM. If you call Harvey, you may be invited!
See you at Knight's! Tnx Norm & Jane
St. Petersburg Times "Jurors hear two road rage versions"
7/2/04
Well, here we go again. Another stupid, avoidable road warrior
encounter results in violence. This happened in Bartow on August 17, 2002, with
the trial wrapping up July 1, 2004. A man driving on I-4 was doing 80 MPH but
was not fast enough for the 25-year-old driver behind him. The 25-year-old
flashed his lights but the first man could not change lanes due to traffic
congestion. They went through the usual routine of cursing accompanied by
appropriate gestures known as the New Jersey truckers salute. The man being
chased had his girlfriend and three-year-old in his car. He took an off ramp.
When he stopped at the end of the ramp, the second vehicle pulled alongside and
fired three shots at into the other car. He was arrested after a chase and then
found guilty of shooting at an occupied vehicle and two counts of aggravated
assault with a deadly weapon. This scumbag is now looking at three years in
Florida State Prison. Don't ever believe that the nut jobs aren't out there my
friends! Once again, it is easier to avoid it than to extricate yourself from
it! Leave the playing field, dial 911 or *FHP, drive to a police station or fire
department, etc.
St. Petersburg Times "Projectile hits woman at Vinoy on
Fourth" 7/6/04
Once again, gravity proves that it reigns supreme. If
you are a parachutist, you are really aware of that fact particularly if you
have made a sudden stop! For those of you that have attended my firearms
training, you have heard me state Rule # 5 -- Always keep the firearm pointed
in a safe direction. That direction, of course, is downrange on a range toward
the target. You have also heard me state that projectiles are potentially lethal
during their entire trajectory. A 42-year-old woman was standing with her family
on a second floor pool deck of the Vinoy on July 4, 2004. It was almost 9PM and
the fireworks were about to begin. As she was waiting for the show to start, a
projectile apparently fired randomly, carelessly, and in a willful and wanton
manner into the air gave in to gravity, struck her in the right shoulder and
then lodged itself in her stomach. Her injuries were listed as serious and the
bullet could not be removed. The sorry scumbag that discharged that nearly
lethal round will never know that it was his gun fired into the air that nearly
killed an innocent woman. That's a dadgum shame! I think that person needs to be
identified and spend the next 20 years in a 6 x 8 foot steel cage contemplating
their stupidity. Anyone that fires live ammunition into the air is an absolute
moron!
St. Petersburg Times " Photo studio holdup leads to
shootout; 3 wounded" 6/30/04 &
"Passerby recovering after robbery victim shoots her" 7/1/04
Well, I have finally found the perfect offset to the
safe backstop story I use in my firearms safety briefing. For years I have used
the car wash encounter at 10:20AM on a Sunday morning on US 19 in South St. Pete
to illustrate the fact that one of the primary duties of a good citizen is to be
aware of their backstop. Simply stated, the backstop is that which is behind the
intended target. In the St. Pete event, the intended victim, even after being
fired upon by a scumbag who had attempted to shoot his wife, withheld return
fire due to valid concerns for the safety of innocent persons in his (the good
citizen's) line of fire. In Lakeland, the intended victim of an armed robbery
and victim of an apparently minor gunshot wound to the head in a jewelry store,
pursued the fleeing scumbag into the street at 10:50AM and opened fire. He fired
and fired and then fired some more and then a few more and so on until a
complete 17 round magazine had been emptied. He did succeed in hitting the
fleeing scumbag five times. Unfortunately a 47-year-old woman who was just
driving by was stopped by the armed robber in an apparent effort to obtain a
getaway vehicle. The pursuer, the jewelry store sales clerk, inadvertently
turned this unlucky woman into part of his backstop, generally referred to in
military terms as "Collateral Damage." I found this interesting -- the jewelry
store employee was described in the newspaper as a "target shooter" but
apparently one in need of a lot more practice! Maybe the 'Florida Firearms -
Law, Use & Ownership' book by Jon Gutmacher as well as my CWP course would help
this clerk do "the right thing." Crap, won't happen! He probably won't be able
to buy the book and afford to take my course because the odds are excellent that
he will be spending all his money to defend himself against possible criminal
charges such as gross and culpable negligence in the shooting of the innocent
woman. Gee, do you think the future of the clerk and the jewelry store have
possible civil litigation in their futures? Use your head for more than a 'hat
rack' folks. Don't get so wrapped up in the event that you forget that
everything that you do in the instant will be reviewed by others at their
leisure to determine that you did the right thing at the right time in the right
situation with the right weapon against the right person for the right reason!
Reasonable Belief -- a scary concept my friends!
What were they thinking?"
I love the criminal mind. These boneheads sure do some
really stupid stuff and reinforce my belief in Darwin. I always tell my students
that we, as good citizens, have a major advantage -- we are not boneheads! The
June 30, 2004, St. Pete Times had a short blurb, "Shooting fireworks from car
ends in death, injury." These two guys in Melbourne are riding down the road
illegally shooting off fireworks inside their Toyota Corolla. Somehow or other,
something set off the other fireworks inside their car -- both had burns over
90% of their body with one dead and the other critical. The July 1, 2004, St.
Pete Times had a story under the headline "Woman comes home, finds intruder in
her clothes." Lady returns to her Tampa home and finds this mutt passed out in
her house. He had been drinking her beer, drinking her liquor, eating her food
and wearing her clothes. For some unknown reason he took off his clothes and put
on some of hers before he passed out. This is a 33-year-old guy too stupid to
make a getaway! The final blurb appeared in the June 16 - June 22, 2004, edition
of the Weekly Planet. This 44-year-old woman goes to visit her boyfriend who is
a guest of the Lexington, NC jail. She decides to break him out by cutting
through the plexiglass visitor's shield with a mini blow torch and some other
tools. This rocket scientist could not believe that when you apply a blow torch
to plexiglass there might be a little smoke and, of course, where there is
smoke, there is fire! I do have one question for the jailers, however. How the
devil did she sneak a mini blow torch into the jail? Must be something in NC
water!
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 July 2, 2004, when Ohio became the 26th 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)
Ohio (1)
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 nonresident 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 nonresident licenses. Pending
clarification by the Alabama Legislature or a decision by an Alabama court, he
urges nonresident 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
nonresident Florida licenses. Because of the restrictive language in Florida's
reciprocity law, Florida WILL NOT honor nonresident 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
a 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
FIREARM
QUESTION 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.
QUESTION 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.
QUESTION 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.
QUESTION 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 nonresident permits; however,
two states - Michigan and New Hampshire - have indicated that they WILL NOT
honor nonresident Florida licenses. Because gun laws are subject to change or
different interpretation by state courts, it is recommended that nonresident
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 nonresident 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.
QUESTION 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.
QUESTION 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.
QUESTION 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.
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."