Florida Carry

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.

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