FLORIDA FIREARMS – Law, Use & Ownership

CWL Carry in a Bar in Florida
by jon gutmacher

OK . . .  we all know (or should know) you can’t carry a firearm into a bar because you have a CWL.  But, what if you work there?

I had an email question today that I thought I long answered in the book, but after some thought decided it might be a good idea to re-explain it in a short blog article:

At least five or six times a year I get the question “can I carry a firearm at my business location if it is a bar”? My answer is always the same (ie: “yes”), and I usually add the page in the book where the answer is found.

Why?

Because there is an exception in F.S. 790.25(3)(n) that states a person may carry (without a CWL) “at his or her home or place of business.” There is no “alcohol restriction” in 790.25.

I then normally get the usual follow-up question “But, what if I have a CWL – doesn’t 790.06(12)(a)(12) prevent me from doing that because it says the CWL does not authorize carry at “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.”

Seems pretty clear, right? I can’t use my CWL in this instance???

And, of course – you are correct. Your CWL does not permit you to carry at a bar or place primarily dispensing alcoholic drinks. But, who cares? F.S. 790.25 has nothing to do with the CWL license in F.S. 790.06, as 790.25 was always meant to apply to non-CWL situations. And of course, that’s where the confusion has arisen.

Why?

Because a person with a valid CWL has the option of carry under the laws of either as a CWL, or non-CWL, as they please.

And why is that, you ask?

Well . . . the trick is the wording in F.S. 790.06 which states: “(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:”

In other words – your CWL doesn’t “authorize” you to do certain things – but – if there’s another legal way of doing it – it doesn’t “restrict” it, either! If the Legislature wanted to “restrict” your CWL – it would have used a different word than “authorize”, such as: “allow”, or “permit”.

So . . . that’s the whole trick in understanding this section of F.S. 790.06. It’s not “restricting” you – it’s just not “allowing” you.  It’s saying your CWL doesn’t cover those situations.  And, since it’s legal for everyone else in Florida to carry a firearm into their place of employment (although you might get fired for doing that) unless it is a specifically prohibited area under Florida or Federal law – you’re good to go under F.S. 790.25(3)(n).