Well . . . for around thirty years now I’ve explained in the book the interplay between 790.06 (CWL) and 790.01 (carry of concealed weapons & concealed firearms), and am constantly amazed when the question pops up again — and again. This time, on Facebook on the GOA pages because of the Florida Legislative amendments in 2023. And, has anything really changed??? No.
As I’ve explained for years in the book — 790.06 has little to do with 790.01 the way the Legislature wrote them. Even with the 2023 amendments — 790.06 doesn’t “prohibit” much of anything — instead, it “authorizes” certain types of conduct. Prohibition — was, and remains in 790.01. Likewise, 790.01 doesn’t “authorize” many forms of concealed carry — but instead “prohibits” only certain types — those that it doesn’t specifically “prohibit” — are not “unlawful”. In order for a crime or unlawful conduct to occur — there must be language that specifically prohibits it with a fine or possible jail, or both. CCF with a CWL is not one of those, and is therefore not prohibited. Never has been since before 1978.
So, although I admit that reading this stuff is tricky — even for a lawyer — it is pretty clear if you’ve studied it, understand the law — and hopefully not only have a law degree, but have practiced in this specialty for a while — or — have my book!
Just in case you have been reading some of the posts on Facebook and are still confused – if you just read subsection (4) of the statute you will see that in order for the government to get a conviction for CCW or CCF — the State must prove you don’t have or can’t get a CWL. In other words — it doesn’t matter whether you’re carrying a weapon listed in 790.06 or not. If you have the CWL or could qualify for one — the prohibitions don’t apply to you — because you’ve been excluded from any possibility of conviction.
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