OK, serious time for FL concealed weapons permit holders. The law, IN FLORIDA, states that a CWP only gives you the right to carry a weapon (FIREARMS INCLUDED) concealed, but it in no way bestows upon you the right to use it. The original issue was to give the citizens of FLORIDA a lawful means of self defense. Which means, bluntly, that your life had better be threatened so severely that not pulling it and using it in self defense would result in death or great bodily harm. The CWP in no way grants you police powers, the authority to brandish, or pull the weapon, and doing so, could result in a 10-20-LIFE charge, if the above criteria is not absolutely black and white.

Now, using a firearm, regardless of the circumstances, can result in extreme cvil litigation. Even if the cirminal courts in FLORIDA say you are absolutely right. It may also result in Federal charges for civil rights violations even if you are acquitted in FLORIDA.

For years I was an ARMED security officer. Under the Florida statutes, I had no authority to arrest, nor the discretion that comes with that authority. In FLORIDA, as a licensed security officer, I was obligated under the law to fulfill my duties. Which meant that if a felony was beng committed in my presense, while on a armed post I had a legal duty to protect, I had no discretionary authority, but did have an obligation to intervene. In other words, the choice wasn't mine.

Now you, as a private citizen, are in no way obligated to come to the assistance of a fellow human who may find themselves in a condition of distress. You are however, obligated as a firearms owner to ensure that your weapon remains locked and secured when not in your immdiate control, and any other situation can leave you liable for the consequences of having someone else use it, if no reasonable action was taken on your part to secure it. In FS 790.151, it states directly

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

However, it also states

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property

But it does say that it is a misdemeanor to carry it in

any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

So here's the scoop. You're not supposed to carry in a bar. Can you lock your weapon safely away on your scooter? If so, then that's my best advice. Now, here's the trick of the light. While carrying a concealed weapon, the whole point is, it's supposed to be concealed. No one is supposed to be aware that you are carrying it. IF it is properly concealed, and you do happen to find yourself in a bar, then someone had better be able to justify why they searched you for it. I have no quarrel with people who carry weapons. It's the people who use them that get my hair standing. Yes, you take chances carrying a weapon. Do you need to? Probably not. But as one gun writer once said, A .25 in my pocket is better than the .40 in my drawer at home. Construed to mean locked on your scoot? Could be. Would the State ever come out and say, Hey, it's ok to carry in a bar? No way. But the State isn't out looking for you unless you give them a damn good reason to. So if you are gonna carry it, be smart. Carry deep, carry safe, and stay out of trouble. If the situation deteriorates to the point where you have absolutely no other alternatives, at least you have it. IF you are going to leave it on your bike, make sure it's locked, and securely encased. IF you can't lock it on your scoot securely encased and out of sight, then you are better off ca

 

Excellent post!