Tag: 2nd Amendment

Florida’s ‘Permitless Carry’ Law Went Into Effect July 1st – Have A Medical Marijuana Card? How It Will Affect You.

Basically, the change in Florida’s concealed carry law will not affect your status of possessing a Florida medical marijuana card and possessing a firearm.

First, it is licenseless carry, not permitless or Constitutional carry.

In other states, it may be a permit. But in Florida, it is a license.

How will Florida’s new licenseless carry law affect you if you possess a medical marijuana card?

Basically, the change in Florida’s concealed carry law will not affect your status of possessing a Florida medical marijuana card and possessing a firearm. You will still be prohibited from doing so. See the news article below.

FLORIDA’S NEW CONSTITUTIONAL CARRY LAW AND POT-NO GUN FOR YOU
By Howard Levy – June 25, 2023 – Deerfield News

Part one-
Deerfield-News. com-Deerfield Beach, Fl-What is the law regarding pot smokers with or without a medical card buying, carrying, and or possessing a gun?
On Monday, April 3, 2023, Florida Governor Ron DeSantis signed House Bill 543 into law. This bill, strengthening the second amendment, eliminates the requirement that an individual obtain a permit to carry a concealed firearm in Florida. This law goes into effect July 1,2023.

FLORIDA’S NEW CONSTITUTIONAL CARRY LAW AND POT-NO GUN FOR YOU

Before we get into the medical marijuana laws that conflict with gun laws in Florida, we first have to clear the air or some misunderstandings that have come up around this issue.
First, we have to address the fact that Florida has not passed any laws barring medical marijuana patients from owning guns.

The conflict between medical marijuana laws and gun laws is that cannabis remains to be federally banned. Anyone with any addiction to any illegally obtained drug including marijuana, is exempt from gun ownership and possession.

Under Federal Law, no one who uses cannabis should own or possess a weapon. This law certainly pertains to marijuana users who do not have a medical card or those that smoke it and buy it on the black market. The unchanging federal prohibition on controlled substances, including marijuana, prohibits the possession or purchase of firearms by anyone who uses those controlled substances, including marijuana.

Plainly stated, this means that if you are going to be a medical marijuana patient and get a legal medical marijuana card, you will not be able to purchase or possess firearms. Technically the same applies to nonmedical marijuana card holders that use marijuana.

Conflict Between Federal And State Law

  • There are three federal laws that are in conflict with local state laws that allow for the legal possession and purchase of medical marijuana, they are:
  • The controlled substances act: cannabis and THC are classified as Schedule 1 drugs which means prohibits anyone from producing, possessing, or selling them.
  • Title 18, Section 922 of the United States Code: this law states that it is illegal for anyone who uses a controlled substance to buy or possess a firearm.
  • The same law also prohibits the sale or transfer of a gun to anyone who uses a controlled substance.
  • Form 4473: The ATF has implemented this form as part of the legal process of purchasing a gun from a gun store.


There are specific questions on the 4473 Form that, if answered honestly, would prohibit a medical marijuana patient from purchasing a gun. The form even has this warning:
“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

So if the gun seller knows that you are a medical marijuana patient, they would be in their right to deny selling you a gun.

Reports are that some police departments in Pennsylvania, Illinois, and Hawaii have taken it upon themselves to enforce federal law over state law by informing medical marijuana patients they must either turn in or dispose of their guns.

The Situation In Florida

Although other states have taken the hard stance of denying medical marijuana patients the right to own a gun, Florida seems to be one of the states where that is not the case for these reasons:

  • The gun-show loophole: Although buying from a private dealer does not make it legal under federal law for a marijuana user to own a gun, the transaction can be made without filling out the federal 4473 form.
  • The FORMER Florida Agricultural Commissioner, Nikki Fried, has a medical marijuana card and also has a concealed carry permit. Her office has made it clear that they will not deny gun rights to medical marijuana patients. Here is her official statement:

“ON CONCEALED WEAPONS LICENSES AND MEDICAL MARIJUANA CARDS, THE ISSUE IS PRETTY CLEAR — FLORIDA STATUTE 790.06 PROVIDES A LIMITED LIST OF FACTORS (SUCH AS FELONY ARRESTS, WHETHER THE INSTRUCTOR DEEMS THE APPLICANT CAPABLE, ETC.) UPON WHICH OUR DEPARTMENT MUST APPROVE OR DENY A CONCEALED WEAPONS LICENSE. THEREFORE, THE DEPARTMENT IS PROHIBITED FROM ASKING QUESTIONS OUTSIDE THAT SCOPE, WHICH WOULD INCLUDE MEDICAL MARIJUANA CARD POSSESSION.”

Office of Nikki Fried Florida Agricultural Commisioner. Tweet

While Florida has changed its stance on Marijuana, the federal government has not.
So it is technically illegal to possess and purchase a gun while having a medical marijuana card, the state of Florida is not actively denying you that right as of now. This question will be settled in Federal Court or by an Act of Congress. There are currently 3 cases pending on this issue on point. The Supreme Court will have the final say if Congress does not change the law.

More U.S. Pastors Rely on Armed Congregates as Church Security – Study Confirms

“Most churches are small, so security plans often don’t need to be elaborate or expensive,”

06-08-2023 – Talia Wise – CBN News

A new Lifeway Research study confirms that most pastors are making their congregant’s safety one of their top priorities.

According to “Planning and Armed Congregants Top Church Security Measures”, 81 percent of U.S. Protestant pastors say their church has some type of security measure in place.

Although churches are meant to be safe places, recent mass shootings make it hard for churches to ignore that they must be prepared for the unthinkable.

“Churches are not immune to violence, disputes, domestic disagreements, vandalism, and burglary,” said Scott McConnell, executive director of Lifeway Research. “While loving one another is a core Christian teaching, churchgoers still sin, and non-churchgoers are invited and welcomed. So real security risks exist whether a congregation wants to acknowledge them or not.”

Fifty-seven percent of pastors are most likely to say their congregation has an intentional plan for an active shooter situation. While 54 percent say armed church members are part of the measures they have in place.

More than a quarter use radio communication among security personnel, while 1 in 5 say they have a no firearms policy in the building where they meet or have armed private security personnel on-site.

Fewer have uniformed police officers on church grounds (5%) or metal detectors at entrances to screen for weapons (1%).

As CBN News reported, American churches have seen a steady rise in acts of hostility in recent years.

The FRC’s “Hostility Against Churches” report documents 420 acts between January 2018 and September 2022. They include vandalism, arson, bomb threats, gun-related incidents, and more.

“Criminal acts of vandalism and destruction of church property are symptomatic of a collapse in societal reverence and respect for houses of worship and religion – in this case, churches and Christianity,” the report states.

“Americans appear increasingly comfortable lashing out against church buildings, pointing to a larger societal problem of marginalizing core Christian beliefs, including those that touch on hot-button political issues related to human dignity and sexuality,” the FRC explains.

Andy Willis, who heads up security at Bellevue Baptist Church in Memphis, Tennessee, told CBN News he has the monumental task of keeping their almost 30,000-member congregation safe.

“Today, churches that speak the truth, that teach and preach true biblical principles, they draw a lot of attention because there are a lot of components of society today that don’t want to hear that,” Willis said.

“As a church security team, we have to be prepared for those kinds of situations, to intervene and to protect the flock,” he added.

The Lifeway Research shows that churches are not just relying on security teams but are softening to the idea of allowing congregants to carry firearms.

Last year, only 45 percent of the pastors polled said part of their security measures include having armed church members. That number has jumped up to 54 percent this year.

In 2019, 27% said they enforced a no firearms policy at their building, but that number has dropped to 21% now.

“Most churches are small, so security plans often don’t need to be elaborate or expensive,” McConnell said.

Meanwhile, those polled say they are less likely to rely on intentional planning to address potential security threats. In 2019, 62 percent said they had such a plan in place for an active shooting situation. Since then, that number has fallen to 57 percent.

“While churches may have different convictions on how to maintain security, it is surprising that fewer churches have an intentional plan for an active shooter than did in 2019,” said McConnell. “As churches cut back on activities during COVID, this may have been one of the initiatives that did not resume for some churches.”

Florida’s New Concealed Carry Law – You have a choice

Florida’s new ‘PERMITLESS CARRY’ law is not as simple as many people believe.

You can either learn what Florida’s new concealed carry law is and carry your gun legally or you can get arrested, charged with a felony and find out the hard way from a judge.

Florida’s new ‘PERMITLESS CARRY’ law is not as simple as many people believe. Not knowing the new law can result in a felony arrest and a criminal record.

There are benefits to having a Florida concealed carry weapon and firearm license. Learn and know what they are.

Not knowing them can result in arrest, criminal charges, an appearance before a judge, extensive legal fees, a criminal record and the loss of your 2nd Amendment rights.

We are still conducting Florida concealed carry license and handgun training classes. Contact us to enroll in a class at: 863-206-1996

Florida – It is “Permitless Carry” not Constitutional Carry

It does not allow the open carrying of a firearm or other weapon.

What changes are in Florida’s revised Florida Statute 790.00 – “Permitless Carry” law?

Off the top, it should be understood that the changes in Florida concealed carry weapons law (Florida Statute 790.oo) makes it legal for law-abiding citizens, 21 years of age or older, to carry a concealed firearm or other weapon, on one’s person, in public without a license or formal training.

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Florida’s “permitless carry” law will not go into effect until July 1, 2023.

Until such time, anyone desiring to carry a concealed firearm or other weapon is required to have a conceaeled carry license or permit recognized by the state of Florida. Failure do so is a third degree felony, punishable by up to 5 years in prison or 5 years of probation, and a $5,000 fine.

What it is and what it isn’t

  • It is permitless carry not Constitutional carry.
  • It does not permit the open carrying of a firearm or other weapon.
  • A person must be a minimum of 21 years of age to legally carry a concealed firearm or other weapon on one’s person.
  • No license or permit is required to carry a concealed firearm or other weapon in public.
  • No formal training is required to carry a concealed firearm or other weapon in public.
  • No fingerprinting or other background check is required to carry a concealed firearm or other weapon in public.
  • Official, State issued identification must be carried on one’s person while carrying a concealed firearm or other weapon. That identification must be presented upon demand by a law enforcement officer.

Gun Free Zones

Those venues that were gun free zones prior to the law change remain gun free zones.

Those venues include, but are not limited to:

  • Government buildings where government business is conducted
  • Public and private school property
  • School sponsored events
  • Federal buildings and federal installations
  • Law enforcement headquarters, substations or offices
  • Polling places
  • Organized sporting events
  • Private property where firearms or other weapons are prohibited

Florida’s Concealed Carry Weapon License – Still Available

Florida’s concealed carry licensing process remains in effect and licenses are available through the Florida Department of Agriculture.

Why would you want a Florida concealed carry weapon and firearm license?

  • Florida’s concealed carry weapon and firearm license is recognized in 37 states, allowing a license holder to carry a concealed firearm or other weapon in 36 other states.
  • Possessing a Florida concealed carry weapon and firearm license allows a gun buyer to avoid the manditory 3-day waiting period when purchasing a firearm.
  • Posssessing a Florida concealed carry weapon and firearm license provides positve identification when carrying a concealed weapon.

Florida Sportsmen Denied 2nd Amendment Right

The 2nd Amendment protects one’s right to feed one’s family the same as it does to defend one’s family. No licensing or fee should be required.

If the 2nd Amendment protects our Constitutional right to keep and bear arms and carrying a firearm in public, without asking the State for permission through applying for a State issued license, it should not be necessary for sportsmen to request permission from the State to harvest game to feed their families.

If under the proposed bill (HB-543) no training, license or fee paid to the State will be required to carry a firearm in public for self-defense, why should it be necessary to receiving training, pay a fee and request permission from the State to carry a firearm in the field or the woods to harvest game to feed one’s family?

If our 2nd Amendment applies to carrying a firearm in public, for defensive purposes, without asking permission from the State through a license, our 2nd Amendment should also apply to harvesting game to feed one’s family, without asking the State for permission through a hunting license.

It should be understood that to obtain a hunting license in Florida, anyone born after June 1, 1975 must successful complete an approved hunter safety education course.

In other words, a person must attend and successfully complete a training course to be eligible to apply for permission and pay a fee to be able to exercise one’s Constitutional right to use one’s gun or other weapon to feed one’s family.

If a person has the Constitutional right to carry a deadly weapon while grocery shopping, clothes shopping, having one’s nail’s done or getting a haircut, without demonstrating proficiency with a firearm and applying for a license through the State,

then a person has the same Constitutional right to harvest game to feed one’s family, without having had required training or having to request permission to do so from the State.

Contact you state representative immediately and tell him or her that any “Constitutional Carry” law in Florida should include the abolishing of State issued hunting licenses and the training required to obtain one.

To locate your State Represtative and get contact information for him or her CLICK HERE or go to: https://myfloridahouse.gov/Representatives

You can also use the following shortcut: https://myfloridahouse.gov/FindYourRepresentative

This is an extremely time sensitive matter. Immediate action is required!

Florida: Constitutional Carry – HB-543

Its “permitless carry” not “constitutional carry”.

The first bill regarding “constitutional carry” in Florida has been filed by Representative Robert Brannan, of Lake City. It is HB-543. The bill is 63 pages long.

Contrary to common understanding the bill is “permitless carry”, not constitutional carry. Basically, in summary, the bill provides for the permitless carrying of a handgun or other weapon, by both Florida residents and non-residents.

The bill (HB-543) does not require training, fingerprinting or background checks in order to legally carry a firearm or other weapon, anywhere other than where otherwise prohibited. In the Bill, otherwise prohibited maintains all the locations where a firearm or other weapon currently cannot be legally carried. Everything remains the same. That includes businesses or other private property whereby the owner prohibits the possession or carrying of a firearm on his, her or their property.

The bottom line: An individual’s 2nd Amendment right does not trump personal property rights.

As good as permitless and constitutional carry sounds, a surge in the appearance of NO GUNS ALLOWED signs can be expected in private business. Private business that currently tolerate the carrying of firearms by trained, background checked and licensed firearm owners.

Yes, Florida’s concealed carry weapons licensing process needs revision; however, it is not believed that “permitless carry” is the answer.

Florida is the 3rd most populated state in the country, with a population similar to Texas. In September 2021, Texas’ “constitutional carry” law went into effect. Since that time, there has been a 550% increase in firearm violation convictions. That is convictions, not arrests. Firearm violation convictions rose from 1,049 in 2020 to nearly 7,000 since the last year reporting data was available. The same can be expected to occure in Florida. The question begs: Who benefits from “constitutional carry”? Follow the money!

You may not be aware that Florida currently has a “permitless” vehicle carry law in effect. Specifically defined in FS: 790.06, a person who is not otherwise prohibited from owning and possessing a firearm can legally transport a loaded firearm, in a vehicle or other conveyance, without a concealed carry weapons or firearms license, if done so in the manner described.

No background checks are required for vehicle “permitless” carry. No fingerprinting is required for vehicle “permitless” carry. No firearm training is required for vehicle “permitless” carry.

Have you noticed the sky rocking increase in road rage shootings in recent years?

“Permitless carry” in Florida . . . Be careful what you wish for. The result may be that where you currently enjoy the right to carry your concealed carry weapon or firearm (private business property), you will no longer be able to exercise that right. It must be kept in mind that private property rights supersede your 2nd Amendment right.

In the event you are not aware, government takes care of and protects itself.

Neither currently, nor in the proposed bill (HB-543), can a person or will a person be allowed to carry a firearm or other weapon, in any government building where government business is conducted. In addition, neither currently, nor in the proposed bill, can a person or will a person be allowed to carry a firearm or other weapon on any property owned by a public or private school. That includes: pre-school, elementary school, middle school, high school or college. It also includes any school sponsored event.

FLORIDA: Proposed Arms & Ammo Act

“We are all blessed to live in the free state of Florida where our Second Amendment rights are valued and protected . . .”

Florida could be the first state to protect gun sale data with the Arms and Ammo Act.

Florida could be the first state to protect gun sale data with the Arms and Ammo Act.

https://floridapolitics.com/archives/580248-wilton-simpson-wants-to-shield-gun-and-ammo-sale-

January 10, 2023 : Renzo Downey – FLORIDA POLITICS

Florida could be the first state to protect gun sale data with the Arms and Ammo Act.

Agriculture Commissioner Wilton Simpson is unveiling his first legislative proposal since taking office, a first-in-the-nation measure to prevent businesses from tracking Floridians’ firearm and ammo purchases.

Simpson, the former Senate President who was sworn in as Agriculture Commissioner last week, announced his proposal for the “Florida Arms and Ammo Act” Tuesday.

The measure comes in response to new international standards for recording payment transactions last year that established a separate identification code for firearm and ammunition sales. With the new merchant category code, it is potentially easier to track people who have purchased guns or ammo.

“We are all blessed to live in the free state of Florida where our Second Amendment rights are valued and protected, but Democrats in Washington continue to try to chip away at these rights — and we must stay vigilant,” Simpson said.

“The ‘Florida Arms and Ammo Act’ draws a line in the sand and tells multi-national progressive financial institutions, and their allies in Washington, that they cannot covertly create a backdoor firearm registry of Floridians — or else.”

Florida: Armed Good Samaritans Stop Robbery and Assault of Two Women

Another Good Guy(s) with Gun Stops Bad Guy with G

January 7, 2023

https://finance.yahoo.com/news/armed-florida-good-samaritans-detain-140322509.html

A Florida man has been arrested by deputies after two concealed carry permit holders stopped him from escaping by holding him at gunpoint after he allegedly shot two women.

Florida police say Lee David Wilkerson, 38, was standing outside the Bingo Paradise bingo hall in Pensacola, Fla., on Wednesday when two women tried to enter and an argument ensued, according to a Facebook post from the Escambia County Sheriff’s Office.

When Wilkerson tried to go back into the building, two citizens with concealed guns drew those guns and held him at the scene until police arrived.

Wilkerson allegedly pulled a gun from his side and hit one of the women in the head with it before firing in their direction as they tried to run away.

Wilkerson, who police say was carrying methamphetamine at the time, then allegedly threw his gun into a nearby dumpster.

Lee David Wilkerson, 38, was arrested after shooting two women outside a Florida bingo hall.

Authorities were able to locate Wilkerson’s gun in a nearby dumpster..

Watch for nationwide AMMUNITION RECALL – NYPD orders officers to turn in their ammunition

NYPD officers ordered to turn in their ammunition – RECALL

NYPD orders officers to turn in their bullets in ammunition recall

January 7, 2023

The NYPD issued a department-wide recall of its 9 mm ammunition (SPEER Gold Dot 9 mm 124-gr. +P) this week after it was discovered that a bad batch of bullets was failing to fire properly, the Daily News has learned.

The recall was issued on Jan. 5 and all officers who received 9 mm ammo from the department between Dec. 19 and Wednesday were ordered to report to the outdoor range on Rodman’s Neck and return them for a new cache of bullets..

https://www.nydailynews.com/new-york/nyc-crime/ny-nypd-ammunition-recall-department-wide-20230107-7b6vlpdpxrbnvmqytxygckliam-story.html

Kidnapping Attempt Stopped By Armed Good Samaritan

The suspects were confronted by a bystander and then released the victim, according to police.

December 30, 2022

https://www.localmemphis.com/article/news/crime/germantown-police-looking-for-suspects-of-attempted-kidnapping-west-farmington-boulevard-kidnap-danger-safety-bystander-approach-tennessee/522-f762cb56-e7ae-4ad2-9ca7-225e6b87a8fb