Florida is among the states that allow its citizens to carry concealed weapons. In pursuit of personal security, the law allows citizens to carry a number of weapons that are supposed to be used for self defense. Although Florida concealed weapons laws may appear less tight compared to other states, it is worth noting that Floridians take the law as a part of their endeavors to ensure personal and state security (Soergel, 2011). In total, there are more than 965,777 licensees in Florida. However, the program is also highly regulated to avoid misuse of weapons. This study will explore laws permitting Floridians to carry concealed weapons.
Concealed weapon program
The concealed weapon or firearm program in Florida is mainly administered by Florida Department of Agriculture and Consumers goods. This may be contrary to expectation because matters concerning weapons are likely to be handled by security departments (Lott & Mustard, 1977). As defined in Section 790.06(1) of Florida Statute, a conceal weapon or firearm include those that are carried in a manner that conceal them from sight. Unlike other states that allow its citizens to carry only guns and pistols, the provision of this statute recognize more weapons including handguns, electronic weapons or devices, tear gas guns, knives, and billies. All these are weapons that can be carried in a concealed manner (Florida Department of Agriculture and Consumer Goods; Purushottam, 2010). According to s. 775.082(4), Florida statute recognizes that;
(4) It is not violation of this section for a person to carry for purpose of lawful self-defense, in a concealed manner:
A self-defense chemical spray
A non-lethal stun gun or dart-firing stun gun or other non lethal electric weapon or device that is designed solely for defensive purpose
From the above statute provision, it can be established that Florida concealed weapon law permits citizens to carry any weapon that is deemed to be for the purpose of self defense (Polk County Sheriff Office, 2011). This is an exemption from other states because other states limit this freedom to guns and pistols (LRB, 2006).
As provided in this statute, every law abiding Floridian has the right to carry a concealed weapon or firearm to be used mainly for the purpose of self-defense (Office of the Attorney General of Florida, 2011). However, the license that is issued permitting one to carry concealed the weapon does not guarantee the individual the right tot use the weapon as deemed fit because use of the weapon is regulated by other provisions in the Florida law.
However, the law clearly stipulates the areas that one is required to carry concealed weapon. Although the provision of the law does not directly highlight the areas where the concealed weapons can be carried, it has clear provision on areas where one is not required to carry concealed weapons as indicated in 790.06(12) in Florida Statute. This statute clearly provides that no concealed weapon shall be carried in areas defined under s. 823.05 which includes: police, sheriff, or highway patrol stations; detention facility, prison or jail; courthouse; courtroom; polling place; meeting places for county governing body, public district school, municipality, or special district; meeting of legislature or committee; school, college, or professional athletic event that are not related to firearms; school administration building; any establishment dispensing alcoholic beverages; elementary or secondary school facility; vocational technical center; college or university facility unless the weapon is a stun gun or non lethal weapon for defense; airport; or any other place that is prohibited by federal law. Any person, who is found bearing concealed weapon in the above mentioned areas, and not in exception of the conditions given, is deemed to have committed a second degree misdemeanor and is liable for punishment as provided in s. 775.082 or s. 775.083 (Edelstein, 2011).
For one to be licensed to carry a weapon, one must apply to the Department of Agriculture and Consumer services. One is then vetted through a rigorous preliminary eligibility determination to ensure that one is of sound mind and can carry the weapon adhering to the provisions given (Donohue & Ayres, 2009). Through a 30 questions questionnaire, one can self-administer the questionnaire online and receive instant nonfiction on eligibility. Among the factors that are considered for eligibility include age, physical condition, desire, training on handing weapons, and others.
There are a number of legislations that have made impact on concealed weapons license over the years. Senate Bill 954 that was signed by Governor Bush in 1999 allowed residents from other states who have valid concealed weapons license from their states to carry concealed weapons in Florida. In addition, the person must be aged 21 years and above. However, residents must be coming from states that honor and recognize concealed weapons license issued by Florida (Lott, 1998). The recently signed Senate Bill 948 made changes on concealed weapons laws. This bill enacted statutory language that stipulated that for a person to be granted concealed weapon law, he or she must be resident of the United States and must either be a Citizen or a permanent resident alien. This law applied to all licenses that were issued on or after June 11, 2008 which was the date when this law took effect. In addition, this law increased the number of years for validity of the concealed weapon license from five to seven years.
Conclusion
Florida is among the states that have clear provisions that allow their citizens to carry concealed weapons. Licenses for concealed weapons are issued by Department of Agriculture and Consumer Goods. However, concealed weapon law does not give licensees freedom to use the gun and it is considered a misdemeanor to use the weapon for other purpose other than self defense. There are many areas which prohibit Floridians from carrying concealed weapons in order to maintain security and reduce misuse of weapons.
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