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smoking357
Banned
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Posted: Tue Apr 28th, 2009 09:07 pm |
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I see on the "other forum" that people have been given their license numbers by the State, but the printers and the Post Office have conspired to keep the actual cards from being delivered. The actual card can be sent up to a month after the permit is issued.
Lemme ask you default haters this: Are these people who actually have numbers but no cards legally entitled to carry while they wait for the card?
Last edited on Tue Apr 28th, 2009 09:07 pm by smoking357
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TomTom
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Posted: Tue Apr 28th, 2009 09:43 pm |
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790.06 License to carry concealed weapon or firearm.--
Any person in compliance with the terms of such licence may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.
That makes it pretty clear that the licensee would be in violation of 790.06. Now, I would probably not make that arrest and in turn give some education send them on their way.
The other problem that the licensee may run into is that if the physical card has not had time arrive. Then the information may not have been entered into the database allowing for an NCIC/FCIC check. If the licensee has just the number and when checked comes back as "no record found" then they are in violation of the statute as there is no way to confirm the number is valid.
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fridaddy
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Posted: Tue Apr 28th, 2009 11:02 pm |
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TomTom wrote: 790.06 License to carry concealed weapon or firearm.--
Any person in compliance with the terms of such licence may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.
That makes it pretty clear that the licensee would be in violation of 790.06. Now, I would probably not make that arrest and in turn give some education send them on their way.
The other problem that the licensee may run into is that if the physical card has not had time arrive. Then the information may not have been entered into the database allowing for an NCIC/FCIC check. If the licensee has just the number and when checked comes back as "no record found" then they are in violation of the statute as there is no way to confirm the number is valid.
Tom I don't know if you are a LEO in FL but it was my understanding that LEO's could not check on the validity of a license, except by direct contact with DOACS. I know the licenses are not on the national database.
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TomTom
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Posted: Tue Apr 28th, 2009 11:13 pm |
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fridaddy wrote: TomTom wrote: 790.06 License to carry concealed weapon or firearm.--
Any person in compliance with the terms of such licence may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.
That makes it pretty clear that the licensee would be in violation of 790.06. Now, I would probably not make that arrest and in turn give some education send them on their way.
The other problem that the licensee may run into is that if the physical card has not had time arrive. Then the information may not have been entered into the database allowing for an NCIC/FCIC check. If the licensee has just the number and when checked comes back as "no record found" then they are in violation of the statute as there is no way to confirm the number is valid.
Tom I don't know if you are a LEO in FL but it was my understanding that LEO's could not check on the validity of a license, except by direct contact with DOACS. I know the licenses are not on the national database
A license can be checked through FCIC but not NCIC. DOACS has granted FCIC access to their database to check a license. The only response that comes back is Valid, Revoked, Expired or "no record found". It is pretty much the same as making a phone call to DOACS as it is checked in the same database and the person who answers the phone in gonna check. The computer check also only allows for a search by either license number or social security number, there is no search option for Name/DOB.
It is the same with checking a drivers license. A DL is not entered into NCIC/FCIC. DHSMV simply grants NCIC/FCIC access to their database for checks.
Last edited on Tue Apr 28th, 2009 11:22 pm by TomTom
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brboyer
Regular Member
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Posted: Thu May 21st, 2009 01:39 pm |
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fridaddy wrote: TomTom wrote: 790.06 License to carry concealed weapon or firearm.--
Any person in compliance with the terms of such licence may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.
That makes it pretty clear that the licensee would be in violation of 790.06. Now, I would probably not make that arrest and in turn give some education send them on their way.
The other problem that the licensee may run into is that if the physical card has not had time arrive. Then the information may not have been entered into the database allowing for an NCIC/FCIC check. If the licensee has just the number and when checked comes back as "no record found" then they are in violation of the statute as there is no way to confirm the number is valid.
Tom I don't know if you are a LEO in FL but it was my understanding that LEO's could not check on the validity of a license, except by direct contact with DOACS. I know the licenses are not on the national database.
TomTom, You would have no authority to make such an arrest.......
790.06 License to carry concealed weapon or firearm.--
1(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
Last edited on Thu May 21st, 2009 01:40 pm by brboyer
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Bookman
Regular Member
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Posted: Thu May 21st, 2009 03:46 pm |
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IANAL...and I'm not from Florida. But I've been following this backlog thing you have there as well as the raid on the escrow funds which is a part of the whole mess. I think I read a statement from a government official to the effect that if you waited the 90(?) days the state had to issue your permit and still had not received it that you could legally carry anyway.
I'll try to find the thread and post a cite.
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cvickers
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Posted: Fri May 22nd, 2009 02:43 am |
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brboyer wrote: fridaddy wrote: TomTom wrote: 790.06 License to carry concealed weapon or firearm.--
Any person in compliance with the terms of such licence may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.
That makes it pretty clear that the licensee would be in violation of 790.06. Now, I would probably not make that arrest and in turn give some education send them on their way.
The other problem that the licensee may run into is that if the physical card has not had time arrive. Then the information may not have been entered into the database allowing for an NCIC/FCIC check. If the licensee has just the number and when checked comes back as "no record found" then they are in violation of the statute as there is no way to confirm the number is valid.
Tom I don't know if you are a LEO in FL but it was my understanding that LEO's could not check on the validity of a license, except by direct contact with DOACS. I know the licenses are not on the national database.
TomTom, You would have no authority to make such an arrest.......
790.06 License to carry concealed weapon or firearm.--
1(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
brboyer, I guess it would depend on whether an Officer could determine if an actual permit had bee issued. If you don't have a ccw permit and carry concealed in Florida, it is a felony, and an arrest could be made(Florida also has citizen arrest for felonies commited in his presence.
790.01 Carrying concealed weapons.
2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
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