Permitless Carry is Not Open Carry. Know What You Need To Know.
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — Permitless Carry is now in effect for the entire state of Florida. But the new law does not mean that anyone can carry a concealed gun under the statute. Multiple law enforcement agencies have spoken with BocaNewsNow.com to underscore the limits of the law.
Anyone carrying a gun must be at least 21 years old and have purchased the gun through a legitimate source that conducted a background check. It remains illegal in Florida to carry a gun that was purchased without a background check at the time of acquisition.
BANNED FROM PERMITLESS CARRY
Convicted felons may not carry a gun. Also banned from permitless carry: anyone with a substance abuse problem or who was convicted of a crime that involves substance abuse. A gray area as the law goes into effect: whether a DUI conviction qualifies as a substance abuse crime. While an answer may be litigated in the future, legal observers tell BocaNewsNow.com that anyone with a DUI conviction who plans to carry a gun should check with their own attorney first. Anyone with a mental or physical condition that reduces their ability to control a firearm is also prohibited from permitless carry.
PERMITLESS CARRY IS NOT OPEN CARRY.
Permitless carry is not open carry. While you can carry a gun without a permit — assuming you qualify — you may not carry it on your belt like a police officer or the Lone Ranger. A police officer also does not need a primary reason to ask you for identification if he or she thinks you may be carrying a gun. Unlike the early years of the seatbelt law where an officer needed to stop you for another traffic offense before citing you for not wearing a seatbelt, there is nothing that prohibits a police officer from requiring you to show identification if he or she believes you are carrying a gun. You are required to have identification with you if you are carrying a gun.
PRIVATE STORES
Legal experts tell BocaNewsNow.com that at least for now, private businesses do have the authority to prohibit customers who carry guns from entering the premises. But again, unlike “open carry” where a gun may be holstered on someone’s belt, it’s unlikely that store management would know that a customer is packing heat. If a merchant does ask someone to leave, however, they are required to do so. Refusing to leave is trespassing even if no gun charge is ultimately filed.
