How to get a Concealed Weapons Permit in Florida.

Even though this article is written for Floridians, the process and points I make are very similar in other states.  What ever your reasons are for getting a Concealed Weapons Permit (CWP) are your own, but more and more I see people getting one because our current political climate is making people think this right will be taken away.  This is a right that law abiding citizens have, and just because you carry a concealed weapon, does not mean you have the right to use it.  The laws around this are very strict, and somewhat complicated.  Educate yourself.

In Florida CWP licensing is a Florida Department of Agriculture responsibility.  Normally I like to hyperlink the website, but since this has been changing lately I'll point you in the right direction.  The site is http://www.FreshFromFlorida.com/, and you need to go to the Division of Licensing, where all the forms and instructions can be downloaded.  They used to mail out packets, but I think that's been discontinued.  Here is a condensed version of the process. 

Fees to expect:
License fee: $70
Fingerprint fees: $42 (may be less)
Passport photo: $10
Training fees: Free to $150 depending on type

1. Read the Chapter 790, of the Florida Statutes and see if it is for you. alternate link here
2. Download the application and instructions here.  The application must be signed in front of a Notary.
3. Get your finger prints taken at a local police or sheriff's office.  If you submit the traditional fingerprint card with your application, it will cost you $42 more.  If you have law enforcement electronically send in your prints, they will charge you a fee, but it is less and will speed up the process for you.  The overall cost of this is about the same, but it is a real time saver.
4. Have your passport photo taken, you will need to submit this with the application.  Be sure to read the application instructions about this.
5. You will need to submit a "training certificate".  The rest of this story addresses this training requirement.

I (and others) teach many firearms classes, but the two most people are interested in are FWC Hunter Safety, held normally once a month (8 to 16 hours), NRA First Steps Pistol Orientation (3-4 hours) and NRA Basic Pistol (8-10 hours).  The only way you can have a course last only an hour or two is if you come in with previous, near expert knowledge.

The Florida CWP requirement for training is "You must be able to demonstrate competency with a firearm.", which is a very broad statement, and often misinterpreted.  Some less than honest instructors are willing to take your money under the guise of Concealed Weapons Permit Training.  Buyer beware, know the requirement.  Below is text copied from FL DACS - Question 6, Application Instructions:

Florida law requires you to submit proof of competency with a firearm in order to qualify for a concealed weapon license. A copy of a CERTIFICATE OF COMPLETION or similar document from any of the following courses or classes is acceptable:

• any hunter education or hunter safety course approved by the Florida Fish and Wildlife Conservation Commission or a similar agency in another state;
• any National Rifle Association firearms safety or training course;
• any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, the Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;
• any law enforcement firearms safety or training course or class offered for security officers, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
• any firearms training or safety course or class conducted by a state-certified instructor or by an instructor certified by the National Rifle Association.

The copy of the training certificate/document must be clear and legible. The certificate/document must include your name, your instructor’s name, your instructor’s qualifications/credentials (National Rifle Association instructor, law enforcement firearms instructor, Class “K” Firearms Instructor licensed by the State of Florida, etc.), and your instructor’s license/certification number.
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FL FWC Hunter Safety classes can be found here.
NRA Training Programs can be found here.
NRA Courses near you can be found here.

Hunter Safety is about a 12 hour class and $10 (sometimes free) and my NRA class is 3 hours and $60 per person.  I have significant family discounts.  There are many other good classes that can qualify you for your application, but the important thing is that you feel confident in safe firearms handling, and you are aware of the laws that apply to your new permit.  Neither of my classes deal with CWP laws to a significant degree, because FWC nor the NRA wish to carry that liability of giving legal advice.  To get the advice you need for legal purposes, read the law and consult law enforcement and / or an attorney.

Final note - I hope this process will prompt you to practice your firearm safety and skills for a long time, and it will not be something you get and then forget.  Use this opportunity to meet people at a local shooting range or gun club.  I think you'll find shooting sports and the people you meet to be fun and rewarding.  Also, when you go through this process share it with your family, especially your children.

Convicted Felons and Hunting

I understand how someone who has "paid their debt to society" may feel it's their right to hunt again. Indeed it may be, but be careful. The Florida Fish and Wildlife Conservation Commission (FWC) has posted Florida statute loud and clear in their proclaimation, as follows...  Use of Firearms by Felons - It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida statute 790.001(1). Properly licensed convicted felons may hunt with bows, crossbows or antique firearms per Florida statute 790 during hunting seasons when such devices are legal for taking game.

The 2005 Florida Statutes Title XLVI, Section, 790.001(1) states "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." The fact that the firearm is an antique firearm is an affirmative defense that the defendant has the burden of alleging and proving. Williams v. State 482 So.2d 1051 (Fla 1986). Convicted felons should be cautious about being in a location where a firearm is present as they may be in constructive possession of that firearm. Constructive possession occurs when the person knows about the firearm and is in a position to exert dominion and control over that firearm. A felon who is riding in a truck with other hunters who have firearms with them may be in constructive possession of those firearms, depending on the circumstances.

In the May 2009 story, Can a Felon Possess a Firearm in Florida?, the author David M. Goldman relates a decision made by Florida's 5th District Court of Appeals (DCA) that the court agreed that he (the defendant) was able to own an antique firearm but disagreed that his firearm was an antique.  The court stated that Florida case law defines replica as a reasonably exact reproduction of the object involved that, when viewed causes the person to see substantially the same object as the original. The DCA found that (the defendant's) gun was not a replica because the original did not have a fiber optic sight that was present on his gun.  The court also stated that merely having an ignition system similar to that found on an antique firearm is not sufficient to render a firearm a "replica..."

If this story relates to you or someone you know, my advice is to check the laws again before you touch or get in the same proximity as a firearm, and (more than likely) plan on learning the great sport of archery.  If you take the Florida Hunter Safety class, be sure to advise your instructor of your situation before you begin the class.

Upholding Our 2nd Amendment, One Child at a Time

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed. – The Second Amendment to the United States Constitution, adopted on December 15, 1791.

For those of you teaching kids like me in the shooting sports, remember that with every child you reach you are doing something for the greater good of this nation. Have you actually considered your ownership and possession of firearms a right and not a privilege? I must admit, I usually consider it the other way around – even though I know different. As a school child, I remember my teachers talking about our freedoms of religion and speech, but not once did one of them talk about our right to bear arms. Why not do you suppose? Typically those of us in the shooting sports circles talk about it freely among our friends, but perhaps not in the politically correct circles we are sometimes required to associate in. If we spoke about it more in public, the fear is being considered one of those “extremist wackos” probably. What a shame. The next time you teach our youth how to safely handle a firearm; I challenge you to not be shy in explaining to the kids, in terms they can understand that this is one of the rights our founding fathers created for us, that we need to protect.