"To safeguard lives and property; respectfully enforce the laws of the land, and work cooperatively to lessen the impact of crime on the lives of residents and visitors in Lee County.”

FIREARMS SAFETY

The Lee County Sheriff's Office recognizes every citizen’s constitutional right to bear arms. Along with the lawful possession and use of firearms comes the equally important obligations and responsibilities inherent in their ownership. Issues such as the legal requirements to carry, transport or sell a firearm and safety tips on their use are covered in this brochure. *

Under Florida Statute, a firearm is defined as "any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in commission of a crime".     (F.S. 790.001(6))

A: No. There is no required registration.

Q: Is there a waiting period when I purchase a firearm from a retail establishment?

A: Yes, Florida law requires a 3-day waiting period when purchasing a "handgun" from a retailer (for exceptions see F.S. 790.0655).

Q: Can I carry a firearm openly?

A: No, This is specifically prohibited under F.S. 790.053.

Q: Can I carry a concealed firearm?

A: Only if you possess a concealed firearms license issued by the Florida Department of State (F.S. 790.06). An individual not licensed and carrying a concealed firearm on or about his or her person is guilty of a third degree felony (F.S. 790.01(2)).

Q: How do I get a concealed firearm license?

A: Applications are available at any of our district stations, our headquarters facility, or from the Florida Department of State, Division of Licensing (1-850-487-0482).

Q: Once I have a concealed firearms license, are there any restrictions where I can carry my firearm?

A: Yes, F.S. 790.06(12) outlines a number of places a concealed firearm is prohibited, even if you’re licensed to carry one. Some examples are:

• A Bar
• Athletic Event
• Courthouse
• School
• College/ University
• Airport
• Law Enforcement or Corrections Facility.

Q: My child likes to go hunting. Is it legal for him/ her to possess a firearm?

A: Florida law prohibits the possession of a firearm by a minor under the age of 18, however, hunting is an exception. Be aware though, an adult must supervise a minor under the age of 16, when lawfully hunting (for additional exceptions, see F.S. 790.22(3).

Q: I see kids in my neighborhood with BB guns. Are there any restrictions to their use?

A: Yes, if the minor is under the age of 16. BB guns, air or gas operated guns or electric weapons or devices are prohibited from use for any purpose by minors under the age of 16. However, it is allowed if the youth is being supervised and in the presence of an adult who is acting with the consent of the minor’s parent (F.S. 790.22(1)).

Q: May I have a firearm in my vehicle without a concealed firearm permit?

A: Yes, Persons 18 years of age or older may have a concealed firearm inside the vehicle as a means of self defense or legal purposes as long as it is "securely encased" or "not readily accessible for immediate use" (F.S. 790.25(5)). Examples of permissible storage include:

• Closed Glove Compartment
• Trunk
• Gun Case
• Gun Rack in Rear Window of a Pick-up Truck (in plain view)
• Closed Box.

Q: What are a few examples of illegal storage in the vehicle?

• A concealed firearm on the person, in pants, under coat, etc.
• Under a seat.
• In a door pocket.

Q: Do you offer a firearm-training course for the general public?

A: Yes, at the Lee County Gun Range operated by the Lee County Sheriff's Office.

Q: I am visiting from another state where I have a concealed firearm license. Does Florida honor my out-of-state license?

A: On July 1, 1999 a law took effect allowing out-of-state residents who are licensed to carry concealed weapons/ firearms in their home states to carry a firearm in Florida. However, it applies only to residents from states that have agreed to recognize the validity of Florida licenses. For a list of states participating in mutual recognition, call the Florida Department of State at 850-487-0482, or access their web page at:  http://www.licgweb.dos.state.fl.us/news/concealedcarry.html

Safety

All too often our deputies are responding to needless tragedies such as an accidental death or serious injury to a child or adult due to a loaded firearm left unsecured, negligently handled or improperly maintained. The Florida Legislature has enacted a variety of laws particularly aimed at protecting children (F.S. 790.173(1)). In fact, a person faces up to sixty days in jail and/or a fine of up to $1000 dollars if convicted for failure to properly secure or store a firearm that becomes accessed by a minor (F.S.790.174).

The National Crime Prevention Council reports the likelihood of a homicide increases three times and suicide five times if a gun is kept at home. A firearm is more than forty times as likely to hurt or kill a family member as to stop a crime. If you have children or grandchildren in your home, be sure to have everyone trained by a certified instructor on firearm safety. Teach children what to do if they find a gun--stop, don’t touch, get away, tell a trusted adult.

Storage

• Keep your firearm out of the reach and sight of children.
• Use a trigger lock.
• Store your firearm and ammunition separately.
• Do not store your firearm in a nightstand or under a mattress or pillow.
• Avoid storing your firearm with other valuables.
• Store your firearm unloaded in a securely locked box or container.
• Store your firearm in a location that is not exposed to extreme temperature changes or moisture.
• Write down the firearm serial number and keep it with other important records.

Handling

• Treat every firearm as if it were loaded.
• Never leave a firearm unattended, even when cleaning.
• Be sure your firearm is pointed in a safe direction; never point your firearm at anything you don’t wish to shoot.
• Load your firearm only if and when you intend to use it.
• Know how to safely decock and unload your firearm.
• Avoid firearms when using alcohol, any type of medication or if you are fatigued.
• Never permit the muzzle of a firearm to touch the ground.

Maintenance

• Cleaning and other maintenance of your firearm should be done monthly.
• Prior to cleaning, check your firearm twice to be sure it is unloaded.
• Clean your firearm after each use.
• Clean your firearm according to the manufacturer’s instructions.
• Only a person qualified to do so should perform repairs and modifications to your firearm.

Additional Resources:

Florida Department of State
Division of Licensing
P.O. Box 6687
Tallahassee, Florida 32314-6687
Internet address: http://www.dos.state.fl.us
Telephone: 850-487-0482

Office of the State Attorney
20^th Judicial Circuit
1700 Monroe Street
Fort Myers, Florida 33902
Internet address: http://www.sao.cjis20.org
Telephone: 239-335-2700

Office of the Attorney General
State of Florida
The Capitol
Tallahassee, Florida 32399-1050
Internet address: http://myfloridalegal.com/
Telephone: 850-487-1963