Expert: Dan Haynes - 2/19/2010

Question
Hello, I have recently been beaten and raped.  I have pressed criminal charges.  I am in fear that the person who did it, will try to find me and hurt me because I did press charges (and also because he is mentally unstable). I have no criminal record, I have never been in trouble and/or arrested before neither I intent to be, but I have not slept in months without barricading myself in a room and looking over my shoulder everywhere I go. Please advise if I can go get a certificate to legally purchase a gun for protection and if so, if there is a website or some reference where I could find out more about getting the certification.  I live in Florida.  Thank you very much.

Answer
Jane,

I am sorry to hear about your beating and rape. You do have grounds to be afraid. Florida is a good state for gun ownership. You should have no problems purchasing a gun. Here is some information for you:

http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_%28by_state%29#Florid...

Florida
Subject/Law    Long guns    Handguns    Relevant Statutes    Notes
State Permit to Purchase?    No    No    None    No
Firearm registration?    No    No    None    No
"Assault weapon" law?    No    No    None    No
Owner license required?    No    No    None    No
Carry permits issued?    No    Yes    Chapter 790.06

  Concealed carry only; no open carry allowed, even with permit
State Preemption of local restrictions?    Yes    Yes    Chapter 790.33

  
NFA weapons restricted?    No    No    None    
Peaceable Journey laws?    No    No    None    Federal rules observed.

Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents. Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.[46]

Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". "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.[47] (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.

Open carry when on foot in a public area is generally not permitted, but is allowed in certain circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, or camping, or while target shooting, or while going to or from such activities.[48] When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is also permitted.

State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)

Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:

   * in or around specially-marked buildings/grounds (notably, mental hospitals and any hospitals with provisions to treat mental illness, where concealed carry is a felony even with a permit (F.S. 394.458). F.S 394.458 does state concealed carry is prohibited "unless authorized by law". Since F.S. 790.06(12) does not prohibit concealed carry in hospitals that treat mental illness by permit holders, it can be inferred that concealed carry with a permit is allowed. Caution is advised since there currently is no case law. In other words, no case has been referred to a Grand Jury nor has any person been tried for violating the law. One Florida resident was arrested but the charges were subsequently dropped after their attorney successfully argued the permit holder was excepted. Be advised each county's prosecutor may have a different opinion.
   * any place of nuisance 790.25(2)b3 & 823.05
   * Sheriff's Office,
   * Police Station,
   * Jail,
   * Prison,
   * Courthouse,
   * Polling Place,
   * any Governmental Judicial meeting,
   * any school or college,
   * lounges,
   * bars,
   * airports,
   * professional athletic event, and
   * any federal buildings or property.

As of October 1, 2005, Florida became a "Stand-your-ground" state. The Florida law is a self-defense, self-protection law. It has four key components:

  1. It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.
  2. In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”
  3. In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.
  4. If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.

As of July 1, 2008, Florida became a "Take your gun to work" state (F.S. 790.251). A new statewide Florida law went into effect on this date prohibiting most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in their car in the company parking lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, property where a nuclear-powered electricity generation facility is located, property upon which substantial activities involving national defense, aerospace, or homeland security are conducted, property upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials, a motor vehicle owned/leased/rented by your employer, and any other property upon which possession of a firearm is prohibited pursuant to any federal law, contract with a federal government entity, or general law of Florida. Currently, a test case involving Walt Disney World Resort is going through the courts, involving a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre-existing and strict no weapons allowed policy. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.[49][50]

Florida law allows private firearm sales between residents without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked.

Currently, Florida's Concealed Weapon License is one of the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-three different states, while the non-resident Florida Concealed Weapon License is recognized in twenty-seven states.[51]

I wish you the best and do hope that a gun will help with your fears and that you will not have to use it either.

Best regards,

Dan