Florida Carry

Attorney Resources

Florida's "Shall Issue" requirement for concealed carry licensing was made clear by the court in 1977.

We have considered the effects of the increased urbanization of Florida since Smith. We have carefully reviewed the changes in the laws pertaining to weapons and firearms. We have also determined that the Court did not recede from or modify Smith, supra, when it considered the constitutionality vel non of Section 790.05, Florida Statutes, in Davis v. State, 146 So.2d 892 (Fla. 1962). Specifically noted is the addition to Chapter 790 of Section 790.25(4):

"CONSTRUCTION. -- This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act shall be supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith."

We conclude that, in enacting Section 790.06, Florida Statutes, the Legislature intended that the respective county commissions issue the requested permits to all applicants possessing the qualifications of age and good moral character, and that nothing has intervened since the Smith decision to create any doubt as to that intent. We adhere to the precedent established in Smith, supra, and decline to unsettle the law that is so well established.

Iley v. Harris, 345 So. 2d 336, 337 (Fla. 1977)

However, many counties (and some lower courts) refused to abide by the Florida Supreme Court's ruling.

The statute in question was amended in 1976 and for the first time authorized the county commissioners to establish by ordinance criteria for the issuance of licenses to carry concealed weapons. Seminole County passed such an ordinance which included a requirement that the applicant demonstrate an immediate need to carry a weapon.

Morse v. Seminole Cty. Bd. of Cty. Comm'rs, 372 So. 2d 132, 133 (Fla. 4th DCA 1979)

Local government lawlessness and Judicial branch ineffectiveness lead directly to the passage of the 1987 statewide shall issue concealed carry license system (Sec. 790.06, Fla. Stat.) and full field preemption (Sec. 790.33, Fla. Stat.) of FL Firearms law.

Florida Carry provides free consultation, and/or referral resources to both defense and prosecution attorneys engaged in cases regarding self-defense, justifiable use of force, firearms, knives, or other "common use" weapons for self-defense.
 
We monitor and assist in civil or criminal cases in Florida and the Federal Circuit Courts that may impact an individual's fundamental rights to Keep and to Bear Arms or other related civil rights, usually on a pro bono basis.  Our dedicated and experienced personnel include a core group of consulting attorneys who are highly adept in applicable areas of law, well qualified statutory experts, paralegals, firearms instructors, self-defense experts, and tactical experts who are experienced in providing expert witness and consulting services.  This capability distinguishes Florida Carry from other available resources and makes us uniquely qualified as a formidable ally in developing and presenting the best possible case for your client.
 
We regularly engage in cases related to self-defense, justifiable use of force, 10-20-Life, defensive immunity, "Stand Your Ground", castle doctrine, or duty to retreat incidents (Sec. 776.012, 776.013, 776.031, and 776.032, Fla. Stat.);
Firearms/weapons and ammunition preemption (790.25, 790.155, 790.33, and 790.06, Fla. Stat.);
Lawful use or possession of firearms and other weapons (Sec. 790.25, Fla. Stat.), Concealed Carry (Sec. 790.01, Fla. Stat.), Open Carry (Sec. 790.053, Fla. Stat.), firearms replevin actions; vehicle firearms storage and workplace requirements (Sec. 790.251, Fla. Stat.), and related 42 U.S.C. 1983 actions.
 
If you are a party to relevant a case, please make sure your lawyer contacts us.
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