Can My Wife Carry My Gun in Florida?
As a gun owner in Florida, you have the right to carry your weapon, but what about your spouse? Can your wife carry your gun in the Sunshine State? The answer is yes, but it’s not as simple as just handing over your weapon to her. In Florida, the laws regarding permit to carry a concealed firearm are quite specific, and your wife will need to obtain her own permit to do so.
Florida Gun Laws: A Brief Overview
Before we dive into the specifics, it’s essential to understand the framework of Florida’s gun laws. Florida is a state with relatively lenient gun laws compared to other parts of the country. Any law-abiding citizen of Florida who is at least 21 years old (or 18 years old if a member of the armed forces or a honorably discharged veteran) can purchase and own a firearm from a licensed dealer.
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Concealed Carry Permit Requirements
To carry a concealed firearm in Florida, your wife will need to obtain a Concealed Weapon or Firearm (CWFL) permit. The permit is issued by the Florida Department of Agriculture and Consumer Services (FDACS) and requires completing a firearm safety course.
What You Need to Know About the CWFL Permit
Here are some key points to keep in mind:
- Training Course: Your wife must complete a 4- to 8-hour approved firearm safety course, which covers topics such as safety procedures, firearms handling, and laws related to weapons.
- Background Check: She will need to undergo a background check by the FDACS, which will review her criminal record, mental health history, and any other relevant factors.
- Application Form: Your wife will need to submit an application to the FDACS, including fingerprints and a fee ($63 for a 10-year permit).
- Eligibility: Those who have been convicted of a felony, are fugitives, or have any disqualifying mental health conditions are not eligible to apply for a CWFL permit.
Felony Convictions: A Bar to Concealed Carry
Felonies Affect Concealed Carry Permits
In Florida, convicted felons are prohibited from carrying a concealed firearm for 15 years after completion of their sentence. The type of felony conviction determines the length of the restriction. Here’s a table to help illustrate the affected categories:
| Felony Type | Restriction |
|---|---|
| First-degree felony (e.g., murder) | Life |
| Second-degree felony (e.g., theft, drug trafficking) | 15 years |
| Third-degree felony (e.g., burglary) | 10 years |
| Misdemeanor offense | 5 years |
**Mental Health Issues: A Disqualification
In addition to felony convictions, Florida law prohibits individuals with certain mental health issues from carrying a concealed firearm.
Disqualifying Mental Health Conditions
The FDACS considers the following mental health conditions as disqualifying:
- Currently under the jurisdiction of any court or agency for restoration of civil rights
- Adjudicated or found not guilty by reason of insanity
- Ordered or committed to treatment
- Subject to an involuntary commitment
- Involuntarily admitted or committed to an inpatient or outpatient treatment
- Subject to court-ordered treatment or community placement
Borrowing or Carrying Another Person’s Gun: The Do’s and Don’ts
Now that we’ve covered the basics of CWFL permits, let’s talk about borrowing or carrying another person’s gun.
DO:
- Loaner Guns: Florida law allows you to temporarily lend a firearm to your wife for a specific situation, such as hunting or self-defense. However, this should be done infrequently and with caution. Always ensure your wife knows the gun’s safety rules and handles it responsibly.
- Permitted Guardians: Your wife can become a permitted guardian for the gun, which allows her to carry it on a permanent basis. This involves both of you completing an additional form and submitting to the FDACS.
DON’T:
- Long-Term or Regular Loans: Avoid long-term or regular loans, as this can lead to complications, such as unclear ownership or responsibility.
- Giving Away Your Right: Be cautious when considering loaning your gun without your wife obtaining her own permit. This can indirectly grant her permission to carry a concealed firearm, violating the intent of the laws and putting both of you at risk.
In Conclusion
In Florida, carrying a concealed firearm is not as simple as handing your gun over to your wife. Your wife will need to obtain her own Concealed Weapon or Firearm (CWFL) permit by completing a firearm safety course, undergoing a background check, and submitting the necessary application and fee to the Florida Department of Agriculture and Consumer Services (FDACS).
Remember to focus on safety, responsibility, and the law when deciding how to handle firearms ownership and carry. Always review the specifics of Florida’s gun laws and consult with the FDACS or your legal counsel if you’re unsure about any aspect.
By understanding the requirements, regulations, and restrictions outlined above, you and your wife can make informed decisions about carrying concealed firearms and maintaining a safe and lawful firearms community in Florida.
