Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Aug 2014
    Location
    Bensalem, Pennsylvania
    (Bucks County)
    Age
    40
    Posts
    96
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    Default Florida Gun Laws

    From reading different websites of Florida's swiss cheese law on carrying at a restaurant that serves alcohol it looks like I'm ok if I don't sit at the bar;

    "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


    Am I reading this correctly? Does anyone have experience with this?

    Also I like to have a drink with dinner (I'm not a big drinker), but again this reads like crap. What it looks like to me is you can't touch your gun at all unless its a self defense situation;


    "790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—
    (1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
    (2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
    (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.
    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    (5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.
    History.—s. 1, ch. 91-84; s. 1210, ch. 97-102."


    Am I under standing this correctly?

  2. #2
    Join Date
    Aug 2010
    Location
    Lake Mary, Florida
    Posts
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    272194

    Default Re: Florida Gun Laws

    I am not a lawyer, so let me start off with that caveat. However I lived in Florida until last year and had my FL concealed carry license and in my carry class (required in FL) we were told and I have always followed the following...

    1. You can carry in an establishment that serves alcohol as long as you are not at the bar or only drinking. So if you are having a drink with dinner at a booth or table that is not the bar you are ok.

    2. If you have been drinking you are not legally able to use your firearm except for defensive purposes. So you can't have a few and then go to the range.

    Overall Florida is a pretty gun friendly state with the exception of not allowing open carry and the strict rules at the theme parks. Be especially careful if you are going to Disney as their property is a lot larger than you think.

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