Question for FL CWL permit holders

[blefferd]

i was just rereading the laws on concelede carry in the state and it says

"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;"

just about every restraunt around her serves alcoholic beverages. now does that just pertain to bars and clubs. or next time i go to sonnys i have to leave my piece in the car?
or does it mean if the place is a bar/restraunt i cant carry if i go in for the sole purpose to get hammerd. but i can if i go into eat with my family?

[Kingslayer]

Florida's CCW laws are the worst written in the world and up to great disparity in interperetation.

However you are in luck. I work for the state in a capacity to answer this question and even asked our gun law attorney for an answer.

You can't go to a bar while carrying. You can, however go to say, Pizza Hut or TGI Fridays or Applebee's and eat dinner. You can not sit at the bar inside Applebees. You can sit in the booth and eat your meal with your weapon.

[blefferd]

awesome thanks for clearing that up. and you are right about the laws being written very vague!

[nogoa]

Originally Posted by Kingslayer

Florida's CCW laws are the worst written in the world and up to great disparity in interperetation.

I thought they were the most plain english and understandable I have ever read. What parts are confusing to you?

[Kingslayer]

Originally Posted by nogoa

I thought they were the most plain english and understandable I have ever read. What parts are confusing to you?

Let's see...The one we just covered.

Then let's jump to 790.25(5) About where you can keep your weapon without a CCW and describing "not readily accessible". Although it does clarify inside the 790 statues pamphlet you should get with a CCW package that you DO NOT need a CCW to keep your weapon loaded in your unlocked glovebox or console, many cops I work with will arrest you for doing just that.

You know, just the important ones that can land you in jail. All the other crap that doesn't apply is perfectly legible.

[baa]

Originally Posted by Kingslayer

Then let's jump to 790.25(5) About where you can keep your weapon without a CCW and describing "not readily accessible". Although it does clarify inside the 790 statues pamphlet you should get with a CCW package that you DO NOT need a CCW to keep your weapon loaded in your unlocked glovebox or console, many cops I work with will arrest you for doing just that.

Which goes to show you that police are often just as ignorant of the law as citizens. A police officer in Pinellas county FL arrested a citizen carrying in his glove box in 2004. My understanding is that the county ended up paying a pretty large settlement resulting from the unlawful arrest. The law is sort of vague re "securely encased." I know multiple police officers which interpet this as a gun case or that there is some sort of "3 second law." There is case law on this situation and the police that believe the above are wrong. Downside is you get to sort the right and wrong out after you have been arrested. It's so easy to get a CCW in Florida. I don't grasp why people who carry guns in their car do not get CCWs.

That said, I agree that the FL codes can be convoluted. I cannot urge Florida gun owners to buy and read Florida Firearms Laws, Use, and Ownership by Jon Gutmacher http://www.floridafirearmslaw.com/index.shtml Mr. Gutmacher has written an very knowledgeble book which he continually updates as the law changes. If you own a gun in FL, you must get this book. If you own and concealed carry a weapon in FL, your insane not to own this book.

As to the original question- As others have said, you cannot carry in a bar. You CAN carry in to a resturant which has the bar, but you cannot enter the bar area with your weapon. This includes passing through the bar to get to your seat or go to the bathroom. Period.

Get the book!

[blefferd]

ive seen the book but just since i have just recently recieved my permit i have not seen it around since lol! but i do think next time i see it i will buy it.

[So Flo]

baa said: "As to the original question- As others have said, you cannot carry in a bar. You CAN carry in to a resturant which has the bar, but you cannot enter the bar area with your weapon. This includes passing through the bar to get to your seat or go to the bathroom. Period."

What about "concealed" don't you get?
J/K

I have found myself having to ease through the bar to get to the bathroom on an occasion or two...I mean I have a friend who had to do that!

[nogoa]

Originally Posted by Kingslayer

Let's see...The one we just covered.

Then let's jump to 790.25(5) About where you can keep your weapon without a CCW and describing "not readily accessible". Although it does clarify inside the 790 statues pamphlet you should get with a CCW package that you DO NOT need a CCW to keep your weapon loaded in your unlocked glovebox or console, many cops I work with will arrest you for doing just that.

You know, just the important ones that can land you in jail. All the other crap that doesn't apply is perfectly legible.

You left the important part of your quote out.

(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.

. That is from the deffinitions section of 790, and the important part of that section.

not readily accessible

, is added verbage to help lawyers and judges to define case law that probably hasn't happened yet.

[Kingslayer]

Originally Posted by baa

Which goes to show you that police are often just as ignorant of the law as citizens... I know multiple police officers which interpet this as a gun case or that there is some sort of "3 second law."

I'm in a unique situation where I work with both cops and prosecuting attorneys. I get the best of both worlds. I can ask the cops the questions that keep me out of jail and the attorneys the questions that get me out of jail.

And seeing both sides is important to gun owners.

Most cops apply the "3 second law" or the "3 step law". There are tons of cops on the roads that think these stupid guidelines are the law. One I asked about carrying in my glove box said that if you can shoot him in 3 steps, then he's taking you to jail. Another said if it's in the glove box you're fine, if it's in your center console he's going to arrest you. Both absolutely wrong answers. But to their defence, they do have their own butts to cover.

I tell everyone not to talk to cops about carry laws. 90% of them don't know the correct answers, and to be honest with you, they shouldn't be expected to. I tell everyone to call their local State/District Attorney's Office for clarification. These are the guys that have the answers, can find the answers, or make up their own answers based on case law. Cops can't.

Now, that doesn't stop you from being arrested and spending the night in jail because a cop doesn't understand the law. So calling a few local cops for their interperetation isn't a bad idea because you can use their answers as a guideline of how to carry without pissing off a cop.