Was there legal way to carry weapon before state license?

State and national practical & political discussions on legal open, concealed and vehicle carry.
rug357
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Location: P. Pines, FL

Was there legal way to carry weapon before state license?

Post by rug357 »

Prior to Florida state started issuing CWL back in the 1980's was there a legal way for civilians to carry a gun concealed?
Could a person get a permit from the county sheriff or from the city police chief before state CWL was available?

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Odessaman
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Location: NW Hillsborough County

Post by Odessaman »

I read somewhere that the first “carry license” statute in Florida was enacted in the late 1800’s and was only good in the issuing county. I think it mandated open carry, though (imagine that.) Before then, carrying for self defense was pretty much considered normal and natural (as it should be) and pretty much unregulated, except where prohibited by local ordinance.

I’ll see if I can find that article.

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Odessaman
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Post by Odessaman »

Here's the link to a good article by Jon Gutmacher - although not the one I was referencing.

https://www.floridafirearmslaw.com/unde ... led-carry/

In 1941 there was no F.S. 790.25, and there wasn’t a concern about open carry – at least as to most long guns. In those days “open carry” was the rule of law, and concealed carry of all other weapons (other than a common pocketknife), including firearms, was a crime. F.S. 790.01 was the section that covered it, and this section stated:

“Whoever shall secretly carry arms of any kind on or about his person . . . shall be punished . . .”

Open carry of most firearms and other weapons was the general rule and was largely unregulated, although there was an exception for pistols and repeating rifles. In fact, in order to even carry a pistol or repeating rifle, just openly, you needed a separate license from each and every respective county you wanted to carry them in. F.S. 790.05:

“Whoever shall carry around with him, or have in his manual possession . . . any pistol, Winchester rifle or other repeating rifle, without having a license . . . shall . . . be punished . . . .” F.S. 790.05

This license was obtained from the county commission, and covered only pistols and Winchester or other repeating rifles. F.S. 790.06. Nothing in this statutory scheme changed until 1965.

Dave P
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Post by Dave P »

Concealed carry permits were issues by the counties. In 1980 or so, I had to list the 3 pisols that i wanted to carry. Also had to go to the Judge and justify my reason. No big deal - as long as you were white.

MiamiOffshore
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Post by MiamiOffshore »

IIRC, the change in statute outlawing open carry was offered up to secure the votes needed from the FL State legislature at the time to pass legislation allowing for CCW.

A few years back there was a bill allowing for open carry and the votes were there but the day it was scheduled for a vote "Sandy Hook" happened....what are the odds?

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photohause
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Post by photohause »

A friendly judge could always write one a note. Valid. This worked in other states.
“You didn’t finish school, did you?

Mannlicher
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Post by Mannlicher »

I carried for years in Duval County and Alachua County. I had a license of sorts from the Sheriff of each County

rug357
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Location: P. Pines, FL

Post by rug357 »

Reason for asking this question is that back in early 1970's my father had a "permit" to carry concealed in two counties in FL...county of residence and country where he had business and wondered if they were legit permits.
I think the one for country of business was a card signed by the sheriff that stated he had permission to carry concealed...more like a letter than a permit. I think the one he had for country of residence was issued by the county mayor or mayor's office. Again it was a simple signed card. His two cards were different. I saw someone else's carry card from different county around same time and it was issued and signed by a judge and it had a list of guns (and serial number) he was authorized to carry.
I'm pretty sure every county had different process and authorized person or people who could give such permit...I'm just not sure f my dad's "permits" were real

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SteyrAUG
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Post by SteyrAUG »

You just had to remember to have a Ron Popeil Pocket Fisherman on your person so you could say you were on your way to go fishing and camping.

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