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Your Right to Bear Arms in Florida

1On October 21, 2013 Palm Beach County, FL has recorded its 61st murder of the year. The murder rate in Palm Beach County and throughout Florida remains elevated, due to many reasons. The best protection for you and your family is the Second Amendment under the US Constitution and Section 1 Article 8 of the Florida Constitution which states in pertinent part: Right to bear arms. The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. The language under the Florida Constitution to bear firearms is very strongly written in favor of the citizen’s right to bear arms; and your right to carry a concealed weapon has been codified in Fl. Gen. Stat. 790.06.

The Department of Agriculture is the Agency responsible for issuing CCW Permits or Carry Concealed Weapon Permits in the State of Florida. The regulations found in Florida General Statute Section 790.06, defines a Concealed firearm as any firearm, which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person. Concealed weapon can also mean any dirk, metallic knuckles, slung shot, 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.

In order to have a CCW issued in Florida, the following key elements must be meet: the applicant must be a United States Citizen or a resident of the United States; the applicant must be at least 21 years of age; the applicant does not suffer from a physical infirmity that prevents him or her from safely handling a weapon; the applicant is not a convicted felon; the applicant has not been convicted of a crime under Section 893 or a similar controlled substance crime over the past three (3) years; the applicant has not been declared a habitual drunk or had two (2) or more convictions under Section 316, drunk driving statute, within the last three (3) years; the applicant desires a legal means to carry the weapon or for self-defense; the applicant completed an NRA firearms safety course; and the remaining requirements or prohibitions refer to incapacity due to criminal convictions and treatment in mental institutions, which will not be further covered in this writing.

The key phrase to carry a concealed weapon in Florida is that you desire to carry the “weapon for self-defense.” If you want to protect yourself or your family from being murdered, raped, assaulted, or robbed, then the best protection is carrying a concealed firearm. In the time it takes you to call 911, in an emergency situation between kill or be killed, you and your family will likely be dead. If you believe you have been denied your right to carry a firearm in the State of Florida, under the CCW or concealed weapons permit process, then contact a Lawyer who strongly supports the NRA and a citizen’s personal right to carry a firearm.  Contact West Palm Beach Criminal Defense Attorney Andrew D. Stine for all your firearm needs.

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