Shutterstock

By Lee Williams

California Gov. Gavin Newsom recently attacked Florida Gov. Ron DeSantis after a Memorial Day shootout between what the media called “two groups of youths” in Hollywood, Florida left nine people wounded. 

“DeSantis signed a permitless carry bill in April that removes requirements for: background checks, instruction, training and oversight,” Newsom claimed in a tweet. “Until our leaders have the courage to stop bowing down to the NRA and enact common sense gun safety this kind of senseless violence will continue.”

There are more than a few things wrong with Gov. Newsom and his misguided criticism of Florida’s new unlicensed carry law, CS/HB 543. First and foremost, the law doesn’t take effect until July 1. 

Newsom isn’t the only staunch anti-gunner to mischaracterize the law for political purposes, but CS/HB 543 was a public safety bill, and it’s relatively easy to understand. 

Who can carry without a license? 

Any law-abiding resident of the United States who is 21 years of age or older (18 or older for active-duty service members or honorably discharged veterans of the U.S. armed forces) can carry a concealed pistol in Florida as long as they meet most of the conditions needed to obtain a Florida Concealed Weapon or Firearm License, or CWFL, but they don’t need to provide proof of training or pay a fee. 

What constitutes law abiding? 

Here’s a list of disqualifying criteria for a CWFL: 

  • The physical inability to handle a firearm safely.
  • A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
  • Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
  • A conviction for a misdemeanor crime of violence in the last three years.
  • A conviction for violation of controlled substance laws or multiple arrests for such offenses.
  • A record of drug or alcohol abuse.
  • Two or more DUI convictions within the previous three years.
  • Being committed to a mental institution or adjudged incompetent or mentally defective.
  • Failing to provide proof of proficiency with a firearm.
  • Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
  • Renouncement of U.S. citizenship.
  • A dishonorable discharge from the armed forces.
  • Being a fugitive from justice.

If you’re still unsure whether you qualify, here is a confidential online test you can take to determine whether you’re eligible to carry a concealed firearm in Florida without a CWFL. 

Is there a training requirement? 

When the legislation was making its way through the Florida legislature, those opposed to the bill called it “untrained carry.” This was a partisan mischaracterization. To obtain a CWFL, the applicant must “demonstrate competency” with a firearm. This usually meant they had to pass a basic firearms class from an approved instructor or prove they were a military veteran. However, since the new law does not require a CWFL to carry a concealed firearm, there is no need to provide proof of training. 

Does this mean all concealed carriers in the state will be untrained? Of course not. Floridians understand that carrying a defensive firearm is a heady responsibility, so most seek professional training. This has always been the case and it will not change now. 

Is Open Carry legal? 

Unfortunately, the open carry of arms in Florida remains illegal. While there are a few exceptions – camping, hunting, fishing and traveling to and from a shooting range – CS/HB 543 did not remove Florida’s open-carry prohibition. 

All of the state’s pro-gun groups that supported this bill – NRA, GOA, NAGR and Florida Carry, Inc. – have promised that their priority for the next legislative session will be ending the open-carry ban. 

Are CWFLs affected? 

Florida’s incredibly successful CWFL program will remain in place and is largely unaffected by the new law, according to a FAQ press release from the Florida Department of Agriculture and Consumer Services, or DACS. 

DACS will continue issuing CWFLs, and licensees are exempt from the state’s mandatory three-day waiting period to purchase a firearm, and the federal Gun-Free School Zone Act of 1990. 

Does the new law make it easier for criminals to carry concealed firearms?

No. Criminals have always carried concealed firearms regardless of the law. That’s why they’re called criminals. The new law levels the playing field for law abiding Floridians and guests, by making it easier for them to carry a concealed firearm. 

Does the law eliminate background checks? 

No. Federal law still requires licensed firearm dealers to conduct a background check for every firearm transfer. 

Where are concealed firearms prohibited? 

CS/HB 543 did not change the list of prohibited places, which includes: 

  • Any place of nuisance as defined in Section 823.05, F.S.
  • Any police, sheriff or highway patrol station
  • Any detention facility, prison or jail
  • Any courthouse
  • Any courtroom
  • Any polling place
  • Any meeting of the governing body of a county, public school district, municipality or special district
  • Any meeting of the Legislature or a legislative committee
  • Any school, college or professional athletic event not related to firearms
  • Any school administration building
  • Any portion of an establishment licensed to dispense alcoholic beverages for consumption
  • Any elementary or secondary school facility
  • Any area technical center
  • Any college or university facility
  • Inside the passenger terminal and sterile area of any airport
  • Any place where the carrying of firearms is prohibited by federal law

Click here for a complete list of prohibited places. 

What is constitutional carry? 

When Gov. DeSantis signed CS/HB 543 into law on the morning of April 3, Florida became the 26th state – the majority state – to allow its citizens to carry concealed firearms without obtaining a permission slip from the government. That’s really all this is. 

Whether it’s called unlicensed, permitless or constitutional carry, these laws restore our gun rights to what the framers had in mind when they wrote the Second Amendment. 

 

The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax-deductible donation to support pro-gun stories like this.

RELATED ARTICLESMORE FROM AUTHOR

66 COMMENTS

    • Governor “Hairgel” Newsome must rule by decree. Perhaps that is why he thought a law just signed by Governor Desantis was in immediate effect.

      Does “Hairgel” know he’ll be one of the first to be sent to “reeducation” when his Chinese overlords assert their historical claim? He’s probably looking forward to the trip.

    • Six months prior I misplaced my work and after that I was blessed sufficient to falter upon a extraordinary site which truly spared me. I begun working for them online and in a brief time after I’ve begun averaging 15k a month… The finest thing was that cause I am not that computer smart all I required was a few essential writing aptitudes and web get to to begin.
      :
      ) AND Great Luckiness.:
      )
      HERE====)>>>
      https://paycash944.blogspot.com/

  2. it doesn’t do any good to explain this to Newsom until he knows what the U.S. Constitution and Bill of Rights is.

    • He knows exactly what the Constitution says and means. As do all Liberal/Progressive Democrat Politicians. they simply do not care. They have their Sycophants, Zealots and Indoctrinated Acolytes and will use them as their excuse to ignore the Bill of Rights as is convenient to enact their Tyranny. As long as their Ideology is allowed to exist. They will continue to deny law abiding citizens their 2nd Amendment Rights. Regardless of any Court decision in support of 2nd Amendment Rights. Including rulings by the supreme Court. You deserve the Tyranny you allow.

    • “DeSantis signed a permit-less carry bill in April that removes requirements for:
      -background checks
      -instruction
      -training oversight“

      So what part of this statement is incorrect?

      The subject is the “Florida permit-less carry bill”.

      And the bill indeed removes any requirement that a person carrying a concealed weapon would need to have a background check, instruction or training to carry a concealed weapon in Florida.

      • Well, let’s see… First of all this “shootout” occurred on Mon, May 29th… Hairgel Nuisance is saying that the new FL permit-less carry law is to blame for a bunch of “prohibited” gang bangers with “stolen” fucking firearms shooting at, and killing each other on a pier in South FL (try reading the arrest reports) when the ‘NEW” law does NOT become effective until July 1st 2023 (a full 34 days AFTER the event (THAT is what HE got wrong) The subject might be permit-less carry but the “false” predicate is a law that is NOT even in effect yet being the cause of the shooting (gun theft will still be illegal as will carrying by a prohibited person AFTER July 1st as will background checks for the PURCHASE of a firearm through an FFL)… WHAT law do YOU suppose, (in addition to the thousands of restrictions already on the books) short of complete confiscation of EVERY gun on the planet would have stopped a bunch of already “PROHIBITED” individuals from killing each other with “STOLEN” guns? What does Hairgel blame every time a criminal in CA commits a murder? What LAX law does he cite in CA when a bunch of “prohibited” gangbangers STEAL a gun and use it to commit a fucking crime? Historically MORE people are killed by firearms (and knives) in CA than nearly ALL other states (and some countries) in spite of having some of the most restrictive gun laws on the planet (short of outright banning of ALL firearms). NEXT…

      • MajorLiar,

        Because, you f***ing moron, the new Florida “permitless carry” law had exactly NOTHING to do with the event that Dimwit Hairgel was commenting on, you complete @$$clown. For someone who fancies himself educated, you have a remarkably ability to be totally stupid. Work on that, would ya???

        • I submit to you that he’s not just a liar, but an abusive troll. A troll who will never ACTUALLY ENGAGE in a conversation. He will poke the hornet nest by saying his ignorant thing, posting his inapplicable links, and making his out-of-context conclusions, and then will watch as the hornets swarm in anger.

          Even the “nice ones” among you, those who try to treat him with respectful, cogent, and documented/attributed responses, just add to the hornet swarm.

          It’s what he does. Poke or torture the nest, or the animal, or the loved one, then watch the results of his abusive behavior with glee.

          I also believe that he’s not even a US resident or citizen, and may even be a minor anyhow; not of the minimum age required to even own a firearm or to enter into even the most basic of contracts. A play on the word “miner”, you know.

          But even if I’m wrong in my suppositions, why does everybody here feel the need to respond to him? He has such strong power over you all, it’s like he’s a Sith master and you all can’t resist his goading. He gets his power from you responding!

          Another observation: I have never ONCE seen a mea culpa, or an “oops, I got that wrong” comment from him or from his twin brother dacian. That means that he doesn’t actually engage any of you in a real exchange of ideas. What the hell? Why do you put up with such a one-sided relationship?

          Everybody else here, even those of you very strong-willed to the point of being cranky and set-in-your-ways, will occasionally admit to getting something wrong. You’re man enough or woman enough to admit wrong. He will never do any such thing. That means he’s NOT here for any kind of useful exchange of ideas.

          He is a troll, and because of that, you all get NOTHING from him. Yet you feed his trolling behavior. You feed his obsession. Getting fed is the driver for his behavior, and it is ABUSIVE. Stop feeding his abuse!

          TLDR: Stop the madness. Don’t feed the troll.

          Yeah, this goes for that dacian person, too. I think he also is not a US Citizen and/or not of the age of majority.

      • “And the bill indeed removes any requirement that a person carrying a concealed weapon would need to have a background check, instruction or training to carry a concealed weapon in Florida.”

        what’s wrong with your out of context use is the way its written. he makes it sound like its ‘anyone’ including criminals and that ots going to increase crime as a result. he purposely left out, as you do, that it only applies for people who are NOT PROHIBITED PERSONS just like federal law says.

  3. Maybe Florida will honor W&C from Maryland soon, Ga, SC, NC, & VA do even though Maryland W&C license is not honored in Maryland after SB-1 takes effect.

    • Maryland does not recognize FL CWFL doubtful MD will get recognition without reciprocity…

      • Nor does SC recognize AL’s permits. Even though AL now does not require a government permission slip I still have one just for carry across State lines.

        • Yet, I’m mostly good. TN, GA, MS, FL, AR, KY, LA, TX, KY, IN,
          OK do recognize AL CCW permits so, I’m pretty good for a day’s drive. Unfortunately, our oldest son and his family live in Chiraq so, that’s a bummer.

        • FL has agreements with 36 states so I can actually get to anywhere in the country I WANT to go without worrying about carrying my firearms…

  4. PROOF of proficiency is STILL required under 790.06… EVEN for non-permit holders…

    h) Demonstrates competence with a firearm by any one of the following:
    1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;
    2. Completion of any National Rifle Association firearms safety or training course;
    3. Completion of 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, using instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;
    4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement;
    5. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
    6. Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or
    7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;

    • Maxx, I don’t believe that is correct.

      790.01 Unlicensed Carrying of concealed weapons or
      478 concealed firearms.—
      479 (1) A person is authorized to carry a concealed weapon or
      480 concealed firearm, as that term is defined in s. 790.06(1), if
      481 he or she:
      482 (a) Is licensed under s. 790.06; or
      483 (b) Is not licensed under s. 790.06, but otherwise
      484 satisfies the criteria for receiving and maintaining such a
      485 license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).

      790.06 section (h) only applies to issuance of a license.

      • After rereading the parameters of the law, I believe you might be correct… I will still be maintaining my CWFL anyway as many of my travels are in reciprocity states, I often am within the 1000-foot Fed GFZ around a school (since there are four located within a mile of my house that I MUST pass to get basically anywhere, and I like being able to take my new gun purchases home the same day I buy them (not available to non-licensed concealed carriers)… It will also make things a lot quicker and smoother during those rare contacts with Law Enforcement (in AND out of state)…

        • And those reasons are precisely why I will maintain my CHP, even if my state goes permitless. It means I’ve jumped through a couple of hoops (very low, broad ones) and it helps with the hassles.

  5. “Let’s Clarify Florida’s New Permitless Carry Law for Ignorant Politicians Like Gavin Newsom”

    You spelled “Evil” incorrectly.

  6. quote————–Does this mean all concealed carriers in the state will be untrained? Of course not. Floridians understand that carrying a defensive firearm is a heady responsibility, so most seek professional training. This has always been the case and it will not change now. ———-quote

    Total bullshit. The average person does not want to make the time to get training and most are too cheap and stingy to pay for it.. Now in Florida they have Yahoo’s running around that do not know the deadly force laws or have safety training with firearms. A total recipe for disaster and unnecessary and illegal killings.

      • “As if anything would be different with the permit“

        Well yes, requiring a permit would mean that those lawfully carrying under the permit would be required to have training/instruction and demonstrate proficiency with a firearm.

        As opposed to the situation under the new law, which means the only requirement for carrying a firearm would be that you could acquire one from wherever.

        • Liar69er, where do the majority of gun owners get training?

          Hint: it ain’t from certified instructors.

        • which means the only requirement for carrying a firearm would be that… A NON-PROHIBITED person …could acquire one… “LEGALLY” …from.. A”LEGAL” source … A prohibited person in possession a stolen, or otherwise illegally procured firearm is STILL breaking the law…

          FIXED that for ya Minerva… At least make an EFFORT to be honest about this law…

          “Criminals have always carried concealed firearms regardless of the law. That’s why they’re called criminals.”

        • No, I already specified “lawfully carrying”:

          “Well yes, requiring a permit would mean that those lawfully carrying… “

        • “No, I already specified “lawfully carrying”:”

          Liar69er, Maxx was answering the second part of your statement:

          Liar: “…under the new law, which means the only requirement for carrying a firearm …”

          Maxx: ” …which means the only requirement for carrying a firearm would be that… A NON-PROHIBITED person …could acquire one… “LEGALLY” …from.. A”LEGAL” source”

          Liar69er, caught lying again. Now for the cherry on top, you’ll lie about your lying.

    • “The average person does not want to make the time to get training and most are too cheap and stingy to pay for it.”

      Then explain to me, asshole, why all of the gun ranges in the NE FL area are full of new shooters — and why nearly every gun store and range that offers training classes has record attendance? Very few of those people are going for their concealed carry permit.

      • “Then explain to me, asshole, why all of the gun ranges in the NE FL area are full of new shooters“

        The number of shooters on the gun range has nothing to do with whether or not they have received training.

        Are you claiming that “all of the gun ranges in the NE FL area” require training before they will allow someone to shoot?

        I don’t think you’re being honest about that

        • Practice is training. And guess what is happening when those obviously-new shooters present themselves to the range officers to use the facility, and then find themselves on the range next to experienced shooters?

          “I don’t think you’re being honest about that”

          That’s especially rich, coming from you, Liar69er.

        • “Practice is training“

          No, it isn’t.

          For the untrained, practice may be just reinforcing bad habits.

        • Is that a valid reason to require permits for concealed carry? No — no, it isn’t.

          Could a licensed concealed carrier have bad habits? Yes — yes, he could.

        • Are you claiming that “all of the gun ranges in the NE FL area” require training

          No, but MOST ranges do offer some level of training, and many have “safety officers” which will correct any unsafe practices that THEY witness… Damn Minerva your “honesty” threshold has absolutely bottomed out… This does not mean that “EVERYONE” will be running around the state untrained (FL has approximately 1,400,000 CWFL holders ALL of whom have met the states training requirements) there will be some Rambo Wanna-Be’s but they’ll get sorted out and for the most part the “responsible” carriers will be either ex-military, ex-cops, or will seek out some sort of training… It won’t be the “Wild West” or “streets running red with the blood of the innocent or the untrained”…

    • “Now in Florida they have Yahoo’s running around that do not know the deadly force laws or have safety training with firearms. A total recipe for disaster and unnecessary and illegal killings.”

      Asshole, we’ve had those people in FL, and every other state, since the founding.

      They’re called “criminals.”

    • Your not the average person dacian. Don’t project your failures on others.

    • refer to all the criminals who ignored the laws on the books forever does not change the facts.
      no does your lies

    • “The average person does not want to make the time to get training…”

      Thank God I don’t fit Dacian’s, and Minor 49er’s concept of an “average person”. It must be a bitch to be in the “average” category with the like of them, and those they consider to be peers.

    • dacian the demented dips**t,

      So, I didn’t actually spend all that money, and devote all those hours to carry classes, gun safety classes, tactical classes, personal defense classes, and ‘law of self-defense’ classes over the last forty years???? What the hell happened to all that money and those lost weekends????

      I’m beginning to wonder if it is actually possible for someone to be as stupid as you appear in your comments. Perhaps you’re just a lying troll. But you’ve got the “how to sound stupid” act down to a science, doncha??

  7. “Is Open Carry legal?

    Unfortunately, the open carry of arms in Florida remains illegal. While there are a few exceptions – camping, hunting, fishing and traveling to and from a shooting range…”

    Follow this guy’s YouTube channel if you live in Florida.

    He specializes in tormenting the police while carrying his AR-pattern boom-stick while fishing, and traveling to and from fishing on foot :

    https://www.youtube.com/@TheArmedFisherman

  8. If anyone who knows Florida law can clarify this for me please –

    When I got my CCW, I was told I was required to carry valid ID when I was carrying.

    Is that requirement still in place now that no permit is required?

    • Geoff — yes.

      790.013 Carrying of concealed weapons or concealed firearms
      533 without a license.—A person who carries a concealed weapon or
      534 concealed firearm without a license as authorized under s.
      535 790.01(1)(b):
      536 (1)(a) Must carry valid identification at all times when he
      537 or she is in actual possession of a concealed weapon or
      538 concealed firearm and must display such identification upon
      539 demand by a law enforcement officer.

  9. In short, those who would for the most part, be able to qualify for a permit but don’t want to pay the tax/fee can now carry without getting a permit.
    But, being a resident of a neighboring state who visits from time to time I still need a permit from my home state.
    Why not a simple law stating that if you can legally purchase and own a firearm, you can carry it in any non prohibited place. And keep the list as short as possible. Courts, LEO offices and stations, Bars not including restaurants that can serve alcohol, Governmental facilities excepting government owned/sponsored gun ranges, sporting events or gambling establishment, airports and perhaps cruise ship or train terminals/station.
    With no regard to residency or home state.
    Just because I live in Al and may visit FL for business or pleasure does not make me any more of a risk to anyone, nor make me any safer from those who would cause harm to me or mine.

    • OMinAL, I suspect that will happen in the not-distant-future thanks to ‘Bruen’, but the fascists will fight it all the way…. 🙁

      • To further refine my reply, we may not get that.

        IIRC, in the ‘Bruen’ oral arguments, the Court indicated states could set their conditions for carry, like training and whatnot.

        We may have to sue to be able to carry in the slave states, or at the very least, be immune to prosecution since their were no such restrictions back then.

        It’s gonna be a mess for awhile, I fear. They may order the slave states to allow us to apply for an out-of-state permit, but on their training terms. Then the battle becomes how stringent those training requirements will be for the knuckle-dragging sister-fornicating mouth-breathing foreigners that dare to want to carry in their hell.

        We won big with ‘Bruen’, but we gotta lot of work to do yet… 🙁

    • oldman — if I’m reading this correctly, you can carry while visiting FL without having an AL permit:

      548 790.015 Nonresidents ; reciprocity.—
      550 A nonresident of Florida may
      551 carry a concealed weapon or concealed firearm, as that term is
      552 defined in s. 790.06(1), while in this state if the nonresident
      553 is a resident of the United States who is 21 years of age or older and he or she:
      555 (a) Satisfies the criteria for receiving and maintaining a
      556 license to carry a concealed weapon or concealed firearm under
      557 s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10); or

      559 (b) Has in his or her immediate possession a valid license
      560 to carry a concealed weapon or concealed firearm issued to the
      561 nonresident in his or her state of residence.

      563 (2) A nonresident is subject to the same laws and
      564 restrictions with respect to carrying a concealed weapon or
      565 concealed firearm as a resident of Florida.

    • A non-resident who is at least 21 and otherwise “NOT” prohibited may carry a concealed weapon/firearm without a permit in FL…

  14. Newsom is evil. Calling him stupid and ignorant, while true, distracts from how malevolent he is.

    He doesn’t have to care if his statements are lies, wrong, illogical, or stupid. It just has to sound good to the low-information masses who don’t think past the narrative. Narratives operate on the emotional level, not the intellectual. It’s difficult to combat that with facts and reason.

    He knows full-well what he’s doing. And as infuriating as it is for us, half the country goes along with it. The evil persists.

  15. Seems to me, that instead of working on getting open carry, they should be working on eliminating a lot of the spots in that list of prohibited places. That’s a set of pretty egregious restrictions on my rights.

    • Also would be nice to see them get all the other weapons into this deal, too – primarily knives.
      The fact I can carry a hand cannon (that is hyperbole) and not a 5″ bladed knife concealed on my person is really rather idiotic.

Comments are closed.