Can You Conceal Carry a Ghost Gun in Florida?
Ghost guns, also known as undetectable firearms or 80% receivers, are firearms that are not traceable to the manufacturer because they do not have serial numbers. This has led to controversy and debate among gun control advocates and law enforcement agencies, who claim that ghost guns are more difficult to track and are often used in illegal activities.
What is a Ghost Gun?
A ghost gun is a firearm that is made from parts or components, rather than being manufactured by a reputable firearms manufacturer. These firearms do not have serial numbers, which makes it difficult for law enforcement agencies to trace them back to their original manufacturer or owner. Ghost guns are often sold online or at gun shows, and can be purchased without a background check.
Can You Conceal Carry a Ghost Gun in Florida?
In Florida, it is illegal to possess a ghost gun. Florida Statute 790.001(15) defines a "firearm" as any device that is designed to be used as a weapon, and includes "any firearm that is capable of firing a projectile using explosive force." This statute explicitly excludes "a replica firearm, a toy gun, or a device that is not designed to be used as a weapon."
However, the Florida Legislature has passed laws that prohibit the manufacture, sale, or possession of ghost guns. Florida Statute 790.333 makes it a third-degree felony to manufacture, sell, or possess a ghost gun, and Florida Statute 790.335 makes it a third-degree felony to import, manufacture, sell, or possess a ghost gun that does not have a serial number.
Conceal Carry Laws in Florida
In Florida, it is legal to carry a firearm, including a handgun, for self-defense. Florida Statute 790.06 outlines the requirements for obtaining a concealed carry permit, which is issued by the Florida Department of Agriculture and Consumer Services. To obtain a permit, an individual must be at least 21 years old, a resident of Florida, and complete a firearms safety course.
Conceal Carry Laws and Ghost Guns
So, can you conceal carry a ghost gun in Florida? The answer is no. Florida Statute 790.001(15) explicitly excludes ghost guns from the definition of a firearm, and Florida Statute 790.333 makes it a third-degree felony to possess a ghost gun.
Penalties for Violating Florida’s Ghost Gun Laws
If you are found to be in possession of a ghost gun in Florida, you can face severe penalties. Florida Statute 790.335 makes it a third-degree felony to import, manufacture, sell, or possess a ghost gun, and Florida Statute 790.333 makes it a third-degree felony to manufacture, sell, or possess a ghost gun.
Here are the penalties for violating Florida’s ghost gun laws:
- Third-degree felony: Up to 5 years in prison, a fine of up to $5,000, or both.
- Enhanced penalties: If you are found to be in possession of a ghost gun during the commission of a felony, you can face an additional 5 years in prison.
- Civil penalties: You can also face civil penalties, including fines and damages, if you are found to be in violation of Florida’s ghost gun laws.
Conclusion
In conclusion, it is illegal to possess a ghost gun in Florida. The state’s laws explicitly exclude ghost guns from the definition of a firearm, and prohibit the manufacture, sale, or possession of ghost guns. If you are found to be in possession of a ghost gun, you can face severe penalties, including up to 5 years in prison and a fine of up to $5,000.
Here is a summary of the key points:
- Ghost guns are illegal in Florida: Florida Statute 790.001(15) defines a "firearm" as any device that is designed to be used as a weapon, and excludes "a replica firearm, a toy gun, or a device that is not designed to be used as a weapon."
- Conceal carry laws do not apply to ghost guns: Because ghost guns are not considered firearms, they are not covered by Florida’s conceal carry laws.
- Penalties for violating Florida’s ghost gun laws: Up to 5 years in prison, a fine of up to $5,000, or both, and enhanced penalties if you are found to be in possession of a ghost gun during the commission of a felony.
It is important to note that laws and regulations are subject to change, and it is always a good idea to consult with a qualified attorney or law enforcement agency if you have any questions or concerns about Florida’s ghost gun laws.
