In the wake of the Florida school shooting, CNN sent out the following Tweets from their verified account . . .
Really CNN? Really? In Florida we don’t need a conceal weapons permit to conceal carry any long guns?
As a resident of the Sunshine State and a member of the Law Enforcement Community, I can assure you that this is what’s called fake news.
Florida State Statue Chapter 790 covers our firearm related laws.
- 790.001 Definitions. —
1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
(3)(a) “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
(6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.
(9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
- 790.01 Unlicensed carrying of concealed weapons or concealed firearms. —
(2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- 790.06 License to carry concealed weapon or firearm. —
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01.
Hey CNN, I cannot as a Floridian carry a rifle or shotgun concealed without a concealed weapons permit. There is a reason it is called a CONCEALED WEAPON OR FIREARM LICENSE.
It applies to all the firearms we can legally own except for antiques and even then if used in the commission of a crime you still violate the law. I can’t carry my AR-15 or Remington 870 concealed without a permit, period.
And just to clarify any other misconceptions CNN might have.
- 790.001 Definitions. —
(17) “Securely encased” means 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.
- 790.053 Open carrying of weapons. —
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
I can’t open carry any firearm unless I am actually doing one of the very few defined activities that Florida allows me to do to open carry. I can’t even have a gun in the car that is within reach unless I have a permit.
As for CNN’s other lies . . .
Florida does not require a permit or license to own or purchase a firearm. But Florida does require a mandatory background check that goes through the Florida Department of Law Enforcement’s Firearm Purchase Program for every gun purchased from a gun store in the state.
Also Federal law and the ATF dictates through the Gun Control Act of 1986 that all federal firearms licensees (FFLs) to “report multiple sales or other dispositions of handguns to the same purchaser & the sale or disposition of two or more handguns must be reported if they occur at the same time, or within five consecutive business days of each other.”
So that is the reason why Florida has no law on multiple purchases because the Federal Government already dictates to every gun shop in Florida that multiple purchases must be reported to law enforcement.
Straight from FDLE themselves;
The Florida Department of Law Enforcement (FDLE) Firearm Purchase Program began operations in 1991, as authorized by F.S. 790.065, which was enacted in 1989 and amended in 1990 by the Florida Legislature. F.S. 790.065 furthered the purposes of the federal Gun Control Act of 1968 (Title 18 U.S.C., Sections 921-929), with respect to regulating the sale and delivery of firearms by licensed firearm dealers to persons who are not licensed firearm dealers.
On November 30, 1993, The Brady Handgun Violence Prevention Act, Title 18 U.S.C. Section 922(t), was passed by Congress. The interim version of this law became effective February 28, 1994, with the permanent version taking effect on November 30, 1998. The Brady Act requires all federal firearm licensees to conduct criminal background checks before selling or transferring a firearm to a non-licensed individual. In Florida, the FDLE Firearm Purchase Program implements the Brady Act at the state level.
It runs every purchase through the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC). It is actually more rigorous than the FBI’s National instant Criminal background Check System (NICS).
On top of all that, Florida law and state constitution requires a mandatory 3 day waiting period that each county can augment by 5 days.
Article I Section 8. Right to bear arms —
(b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the retailer, and “handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.
Article VIII Section 5. Local option —
(b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term “sale” means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.
Broward County has a 5 day waiting period for all gun purchases per county ordinance § 18-96. Waiting period; prohibition and Cruz was under the age of 21. Which meant he couldn’t qualify for a Concealed Carry Permit and skip the waiting period. So he actually had to wait the 5 days to acquire his rifle.
Additionally, 790.06 License to carry concealed weapon or firearm covers the full gamut of what requirements are needed to get a Concealed Carry Permit and I need to summarize it because the list is too long for this article. But suffice to say, being 21 or older, going to a certified training course, not being a felon, and not having mental issues are a few of the things that one would need to get a permit.
So that means that the gun store that sold the rifle Nikolas Cruz followed every law on the books.
But once again, CNN is attempting to make gold out of straw. Because it has been proven time and time again that the systems that the gun grabbers push aren’t as fool proof as they claim like the case of when the United States Air Force failed to enter the killer’s information into NCIC/NCIS system or when the FBI admitted that they were warned of Nikolas and did nothing.
Hey CNN, if you’re going to produce Grade A manure. How about you sell it next to all the other fertilizer sold in the Home & Garden sections instead of claiming it is factual news.