Use of Deadly Force for Lawful Self-Defense

In receiving a license to carry a concealed weapon for lawful self-defense, you are undertaking a great responsibility. A license to carry a concealed weapon is not a license to use it. I am sure you share my hope that you will never find it necessary to use a weapon in self-defense. If you do, the law will protect you only if you have acted within the law. Those who are choosing to arm themselves with weapons should, therefore, be armed with the most indispensable weapon of all knowledge.

We are providing this information to you as a service in pursuit of that goal. Only you can provide the wisdom, restraint, and good judgment that the law demands of those who possess the ability to take another human life.

Charles H. Bronson
Commissioner

A License to Carry a Concealed Weapon is not a License to use it.

This information was prepared by the Division of Licensing in an attempt to answer some of the most frequently asked questions about the use of deadly force for lawful self-defense. Included are examples of real situations involving the legal consequences of the use of deadly force.

Q. What kinds of weapons are included in the concealed weapons law?

A. The Jack Hagler Self-defense Act defines concealed weapons or firearms as follows: handguns, electronic weapons or devices, tear gas guns, knives and billies. The information provided emphasizes handguns, because they are one of the most commonly used weapons for self-defense.

Q. What if I am in my vehicle?

A. A person has no duty to retreat in his lawfully occupied vehicle against a person who was in the process of unlawfully and forcefully entering or had unlawfully and forcefully entered an occupied vehicle or had unlawfully and forcefully removed or was attempting to remove another against that person's will from the occupied vehicle.

Q. When is a Handgun "Concealed?"

A. The Florida Legislature defines a concealed firearm as any firearm “carried on or about a person in such a manner as to conceal it from the ordinary sight of another person.” A person carrying a concealed firearm without a license is guilty of a felony of the third degree. The penalty for this offense is a prison term of up to five years.

Q. Are there special laws that apply to the use of Handguns?

A. Yes, special laws apply anytime anyone uses deadly force, whether or not the weapon is concealed. Florida law defines deadly force as force that is likely to cause death or great bodily harm. When you carry a handgun, you possess a weapon of deadly force. The law considers even an unloaded gun to be a deadly weapon when it is pointed at someone.

Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:

• Trying to protect yourself or another person from death or serious bodily harm;
• Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.

Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.

Example of the kind of attack that will not justify defending yourself with deadly force: Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm, because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.

Q. What if someone uses threatening language to me so that I am afraid for my life or safety?

A. Verbal threats are not enough to justify the use of deadly force. There must be an overt act by the person which indicates that he immediately intends to carry out the threat. The person threatened must reasonably believe that he will be killed or suffer serious bodily harm if he does not immediately take the life of his adversary.

Q. What if someone is attacking me in my own home?

A. The courts have created an exception to the duty to retreat called the “castle doctrine.” Under the castle doctrine, you need not retreat from your own home to avoid using deadly force against an assailant. The castle doctrine applies if you are attacked in your own home by an intruder.

Q. What if I am in my place of business and someone comes in to rob me? Do I have to retreat before using deadly force?

A. The castle doctrine also applies when you are in your place of business. If you are in danger of death or great bodily harm or you are trying to prevent a forcible felony, you do not have to retreat before using deadly force in self-defense.

Q. What if I point my handgun at someone but don't use it?

A. Never display a handgun to gain "leverage" in an argument. Threatening someone verbally while possessing a handgun, even licensed, will land you in jail for three years. Even if the gun is broken or you don't have bullets, you will receive the mandatory three-year sentence if convicted. The law does not allow any possibility of getting out of jail early.

Example: In a 1987 case, a woman refused to pay an automobile mechanic who she thought did a poor job repairing her car. They argued about it, and the mechanic removed the radiator hose from the car so she couldn't drive it away. She reached into her purse, pulled out an unloaded gun, and threatened to kill the mechanic if he touched her car again. The mechanic grabbed the gun and called the police.

The woman was convicted of aggravated assault with a firearm and sentenced to serve a mandatory three-year prison term. The fact that the gun was not loaded was irrelevant. Even though she was the mother of three dependent children and had no prior criminal record, the statute does not allow for parole. Her only recourse was to seek clemency from the Governor.

Q. When can I use deadly force in the defense of another person?

A. If you see someone who is being attacked, you can use deadly force to defend him/her if the circumstances would justify that person's use of deadly force in his/her own defense. In other words, you "stand in the shoes" of the person being attacked.

Q. What if I see a crime being committed?

A. A license to carry a concealed weapon does not make you a free-lance policeman. But, as stated earlier, deadly force is justified if you are trying to prevent the imminent commission of a forcible felony. The use of deadly force must be absolutely necessary to prevent the crime. Also, if the criminal runs away, you cannot use deadly force to stop him, because you would no longer be "preventing" a crime. If use of deadly force is not necessary, or you use deadly force after the crime has stopped, you could be convicted of manslaughter.

Q. If I get a license to carry a concealed weapon, can I carry it anywhere?

A. No. To get a license you must sign an oath that you have read and understand the Jack Hagler Self-defense Act (Section 790.06, Florida Statutes). That statute lists several places where you may not carry a concealed weapon. You should read subsection 12 for a complete list, but some examples are football, baseball, and basketball games (college or professional) and bars.

A cool head and even temper can keep handgun carriers out of trouble. You should never carry a gun into a situation where you might get angry.

Summary

1. Never display a handgun to gain "leverage" in an argument, even if it isn't loaded or you never intend to use it.

2. The amount of force that you use to defend yourself must not be excessive under the circumstances.

• Never use deadly force in self-defense unless you are afraid that if you don't, you will be killed or seriously injured;
• Verbal threats never justify your use of deadly force;
• If you think someone has a weapon and will use it unless you kill him, be sure you are right and are not overreacting to the situation.

3. The law permits you to carry a concealed weapon for self-defense. Carrying a concealed weapon does not make you a free-lance policeman or a "good samaritan."

4. Never carry your concealed weapon into any place where the statute prohibits carrying it.

This is not a complete summary of all the statutes and court opinions on the use of deadly force. Because the concealed weapons statute specifies that concealed weapons are to be used for lawful self-defense, we have not attempted to summarize the body of law on lawful defense of property. This information is not intended as legal advice. Every self-defense case has its own unique set of facts, and it is unwise to try to predict how a particular case would be decided. It is clear, however, that the law protects people who keep their tempers under control and use deadly force only as a last resort.

Concealed Carry Reciprocity

PLEASE NOTE: The reciprocity information on this page is ALWAYS CURRENT. The Division of Licensing constantly monitors changing gun laws in other states and attempts to negotiate agreements as the laws in those states allow.

This list was last updated on September 4, 2009, when the State of NEBRASKA was added to the reciprocity list.

NOTE: EFFECTIVE July 1, 2009, NEVADA was no longer reciprocal with Florida. Authorities in Nevada notified the Division of Licensing that as of that date Nevada would no longer honor Florida concealed weapon licenses. Therefore, in accordance with the reciprocity provision set forth in section 790.015, Florida Statutes, Florida could no longer honor concealed weapon licenses issued by the State of Nevada.

This list was last updated on July 1, 2009, when the State of Nevada was removed from the reciprocity list. Authorities in Nevada notified the Division of Licensing that as of that date, Nevada would no longer honor Florida concealed weapon licenses. Therefore, in accordance with the reciprocity provision set forth in section 790.015, Florida Statutes, Florida could no longer honor concealed weapon licenses issued by the State of Nevada.

With the addition of Section 790.015, Florida Statutes, in 1999, Florida's weapons and firearms law was amended to allow the Division of Licensing to enter into agreements with other states on the issue of carrying concealed weapons. To date the Division has established such agreements with the states listed below. In accordance with the terms of these pacts, each of these states has extended the privilege of concealed carry to holders of Florida Concealed Weapon/Firearm Licenses. The State of Florida has, in turn, extended that same privilege to the licensees of these states.

It is important for license holders to understand that when they are traveling in or through another state they are subject to the firearm laws of that state. We have provided links to the state laws or to the licensing authorities' Web page of each of our reciprocity states so that licensees can do the necessary planning and research when preparing to travel.

(1) While Florida's law allows licensees to carry stun guns, knives, and billy clubs in a concealed fashion, the laws in these states allow for concealed carry of handguns or pistols ONLY, NOT WEAPONS IN GENERAL. Florida license holders are prohibited from carrying other types of weapons while in these states.

(2) The State of VERMONT is unique in that it does not issue weapon/firearms licenses. Florida licensees - indeed, licensed or unlicensed citizens from any state - may carry in Vermont. This presents a problem for reciprocity with Florida. Florida law provides that an out-of-state resident must have in his or her immediate possession a valid license to carry a concealed weapon or firearm. Since Vermont residents have no such license, the right to concealed carry cannot be extended to them under Florida law.

(3) Individuals qualify for concealed weapon licenses in these states upon reaching 18 years of age. HOWEVER, any licensee of these reciprocity states who is not 21 years of age or older IS PROHIBITED from carrying a concealed weapon or firearm in Florida.

(4) These states will honor the Florida concealed weapon license ONLY IF the licensee is a resident of the State of Florida.

(5) The Attorney General's Office of the State of ALABAMA has indicated that Alabama will honor BOTH resident and non-resident Florida licenses. However, the Alabama Attorney General notes that there is some uncertainty as to the limits of Alabama's reciprocity law as it pertains to non-resident licenses. Pending clarification by the Alabama Legislature or a decision by an Alabama court, he urges non-resident Florida license holders to exercise caution. Refer to the Alabama AG's Web page for the latest information.

(6) These states issue concealed carry licenses to qualified individuals who are non-residents. These non-resident permits cannot be honored under Florida's reciprocity provision.

(7) Florida issues concealed carry licenses to persons whose civil rights and firearms rights have been restored and thereby made whole in the eyes of the law and the Constitution. However, ARIZONA will honor a concealed weapon license ONLY if those rights were restored by a full pardon signed by the Governor or President of the United States. ARIZONA will not honor a concealed weapon license in possession of a Florida licensee if those rights were restored by any other means than a full pardon. Therefore, a Florida licensee who has had civil and firearms rights restored but who has NOT received a pardon from the Governor or President of the United States is prohibited from carrying a concealed firearm in ARIZONA.

(8) The Missouri Attorney General has advised us that several aspects of the Missouri concealed weapons law remain in litigation as of June 2004 and that, accordingly, he is limited in what he can say about the effect of any particular provision of the law. However, he acknowledges that as of this date no injunction or other impediment blocks the effectiveness of Missouri's Concealed Carry Law, including the reciprocity provision.

ANSWERS TO COMMONLY ASKED QUESTIONS ABOUT RECIPROCITY AND TRAVELING WITH A FIREARM

QUESTION 1.  I have a Class "G" Florida Statewide Firearms License. Do the terms of the reciprocity agreement apply to me?

No. The Class "G" Statewide Firearms License is a license issued to qualified security officers and private investigators under the authority of Chapter 493, F.S. The license authorizes the license holder to carry a firearm in the course of performing job-related duties. The terms of the reciprocity agreements apply only to licenses issued to citizens under the authority of Chapter 790, F.S.

QUESTION 2.  There are a number of states that issue concealed carry licenses but do not have a reciprocity agreement with Florida. Why?

The State of Florida will honor the concealed weapon/firearm permits issued by another state PROVIDED THAT the other state will agree to honor the licenses issued by Florida. The states listed above are the only ones that have agreed to honor Florida permits.

There are a couple of important reasons why other states will not honor Florida concealed weapon licenses. Some states, like Connecticut, do not have statutory authority to establish reciprocal agreements with other states. Other states, like Minnesota, will not enter into a reciprocity agreement with another state unless the other state has concealed weapon licensing standards substantially similar to their own.

QUESTION 3.  I am a Florida resident with a Florida Concealed Weapon/Firearm License. Are there carry restrictions that I should observe while traveling in other states?

Yes, there are. First of all, you should be aware that, as noted above, you are limited in many states as to the type of weapon that you can conceal. Many states allow concealed carry of handguns or pistols only.

In addition, most states' gun laws prohibit carrying concealed weapons into such places as schools, bars, courthouses, and so on. Generally speaking, the other states' lists are all quite similar to Florida's. Florida's list of designated "NO CARRY" places is found in Section 790.06(12), Florida Statutes, the entirety of which is quoted below:

790.06(12) - No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; 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; any elementary or secondary school facility; any area vocational-technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s 775.082 or s. 775.083.

A licensee planning to travel to another state should consult that state's laws or call a law enforcement agency in that state to find out precisely what carry restrictions apply.

QUESTION 4.  I have a Florida Concealed Weapon/Firearm License, but I am not a legal resident of Florida. Can I travel to the states that recognize Florida licenses and still carry a concealed weapon?

Most of the reciprocity states will honor Florida non-resident permits; however, authorities in a number of states have informed us that there are specific provisions in their laws that restrict the terms of their mutual recognition agreements ONLY to the LICENSED RESIDENTS of other states. Therefore, those individuals who hold Florida licenses but who are not residents of Florida cannot carry concealed weapons in these states. Please take careful note of those states listed above that have a reference to Footnote 4 after them.

BE ADVISED: Because gun laws are subject to change or different interpretation by state courts, we recommend that non-resident Florida licensees call or write licensing authorities in the states in which they will be traveling to obtain the latest information on this important topic.

QUESTION 5.  I have a concealed carry permit from one of the states with which Florida has reciprocity, but I am not a resident of that state. Can I carry legally while visiting a Florida?

No. Florida, like Michigan and New Hampshire, has a residency requirement in its reciprocity law. Florida does not recognize non-resident concealed carry permits from other states.

QUESTION 6.  I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options?

Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

Section 790.25(5), which deals specifically with possession in a private conveyance states that "it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012." (Emphasis added.)

Section 790.001(17) defines the term "securely encased" to mean "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."

So, while you cannot carry the weapon on your person, you can at least have it nearby in your vehicle while traveling.

QUESTION 7.  I am a Florida license holder and will be driving through several states on an upcoming trip. Some of these states do not have reciprocity with Florida. If I plan to take my firearm with me, what precautions should I take for transporting my weapon in my automobile securely and legally?

INTERSTATE TRAVEL WITH FIREARMS FALLS UNDER THE JURISDICTION OF FEDERAL LAWS. The relevant section from United States Code is quoted in its entirety below.

Sec 18 USC 926A. Interstate transportation of firearms.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Interstate travel with a firearm is, therefore, permissible as long as the firearm is unloaded and in such a place that it is completely inaccessible (preferably the trunk of the vehicle).

HOWEVER, WE STRONGLY RECOMMEND THAT CITIZENS PLANNING TO TRAVEL WITH A FIREARM SHOULD CALL THE LAW ENFORCEMENT OR LICENSING AUTHORITIES IN THE STATES TO OR THROUGH WHICH THEY WILL BE TRAVELING TO OBTAIN THE LATEST INFORMATION REGARDING WEAPON TRANSPORT LAWS. IN SOME CASES, STATE LAW TAKES PRECEDENCE OVER FEDERAL LAW REGARDING INTERSTATE TRANSPORT OF FIREARMS.

QUESTION 8.  I am traveling by plane and would like to carry my weapon with me. Can I transport a firearm on a plane legally?

Transporting a weapon on a commercial airline is legal under the regulations of the Federal Aviation Administration (FAA). However, travelers must comply with certain security procedures. Generally speaking, the FAA requires that weapons be unloaded, stowed in hard-sided, locking luggage, and declared at the main ticket counter at the time of check-in. At check-in, you will receive proper documentation to place inside the gun case indicating that the weapon had been declared. Each airline's security procedures may be slightly different, so it is recommended that you call the carrier with whom you are planning to fly to get instructions.

QUESTION 9.  I am a Florida license holder, and I have recently received a solicitation in the mail for an "official badge" identifying me as such a license holder. Are these badges legal? Does the Division endorse these badges?

No, the Division does not endorse these badges, but they are not illegal. There is nothing in Florida law that specifically prohibits companies from offering to sell these badges to Florida license holders, nor is there any provision that prohibits license holders from carrying such badges.

License holders should be aware that the use of official badges is prohibited in Florida Statutes in a couple of places. Section 30.46 specifies that a badge in the shape of a five-pointed star can be used by Florida sheriffs and deputy sheriffs only. Section 843.085 makes it unlawful to wear or display any authorized indicia of authority (including any badge) which could deceive a reasonable person into believing that such item is authorized by any federal, state, county, or municipal law enforcement agency.

Licensees should also take note that these badges do not substitute for identification or confirmation of your status as a holder of a Florida Concealed Weapon or Firearm License. Only the license issued by the Division will serve as a means of identifying a citizen as a license holder.