Policy Text
1 (04/28/2016) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: CONCEALED FIREARMS LAWS
Index as: Concealed Firearms Non-Criminal Firearms Violations
Firearms Permits Out-of-State Law Enforcement Officers
Law Enforcement Officers, Out -of-State Permits, Out -of-State Firearms
Accreditation Standards:
Cross Reference : G.O. III -14, Evidence and Property
§790.06, §823.05, F.S.S.
H.R. 218 Law Enforcement Officers Safety Act of 2004 (LEOSA)
S.1132 (111th) Law Enforcement Officers Safety Act Improvements Act of 2010
LEOSA, as Amended by the H.R. 4310 National Defense Authorization Act of 2013
http://www.law.cornell.edu/uscode/text/18/926B
http://www.law.cornell.edu/uscode/text/18/926C
Replaces : I.O. V.5:26, Concealed Firearms Laws, (April 29, 2013)
This Order consists of the following sections:
I. Policy
II. Failure to Carry a Florida Firearms Permit
III. Places Where the Carrying of Concealed Firearms is Prohibited
IV. Out-of-State Concealed Carry Permits
V. Out-of-State Permit - Enforcement Procedure
VI. Out-of-State Law Enforcement Officers - Active and Separated from Service
I. POLICY
A. This Order provides guidelines for an Officer who may have contact with a person claiming lawful possession of a
firearm under the State of Florida’s Conc ealed Firearms Law or H.R. 218 Law Enforcement Officers Safety Act , S.1132
Law Enforcement Officers Safety Act Improvements Act of 2010 and LEOSA, as Amended by the H.R. 4310 National
Defense Authorization Act of 2013 .
B. It is the policy of this Department that the Trespassing Statutes §810.08, F.S.S. or §810.09, F.S.S. will be th e
enforcement tool used when a property owner/merchant wishes to restrict the carrying of firearms on their property.
C. It is the policy of this Department to investigate all calls involving firearms; e.g., “person with a gun” as the safety
of Officer s and citizens is paramount.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
April 2016 Immediately V.5:26
Distribution: All Employees
Instructional Order V.5:26
2 (04/28/2016 ) II. FAILURE TO CARRY A FLORIDA FIREARMS PERMIT
A. Failure to carry a F irearms Permit constitutes a non -criminal violation with a $25.00 penalty.
B. A licensee must carry the P ermit, together with valid identification, at all times when the licensee is in actual
possession of a concealed weapon or firearm, and must display both Permit and proper identification upon demand by a
Law Enforcement Officer .
C. Failure to notify the Lice nsing Division of the Department of State within 30 days after a permanent address
change or of the lo ss or destruction of the Permit is a non -criminal violation with a $25.00 penalty.
D. When contact is made with a person carrying a concealed firearm a nd the person claims to have a P ermit, but
does not have it in their possession, the Officer shall:
1. Check FCIC via Echo Channel to see if the person has a valid P ermit.
2. If it is determined tha t the person DOES have a valid P ermit but does not have it in their possession:
a. The Officer should issue a Notice To Appear for the NON -CRIMINAL VIOLATION, with the fine amount
shown as $25.00.
b. It is not necessary to take possession of the firearm; however, the person should be warned not t o car ry it
concealed until the P ermit is located or replaced.
3. Use discretion when determin ing if an arrest is necessary when the person is unable to confirm the existence
of the Permit. In most cases, it will be sufficient to seize the firearm as evidence, identify the person, and refer the case to
the State Attorney’s Office. This will provide the individual with an opportunity to provide proof that they had a valid Permit
and lim it the possibility of a false arrest.
III. PLACES WHERE THE CARRYING OF CONCEALED FIREARMS IS PROHIBITED
A. No license issued pursuant to §790.06(12), F.S.S. shall authorize any person to carry a concealed weapon or
firearm into the following places:
1. Any place of nuisance as defined in §823.05, F.S.S.;
2. Any police, sheriff’s, or highway patrol station;
3. Any detention facility, prison, or jail;
4. Any courthouse, any courtroom, except that nothing in this section would preclude a judge from carrying a
concealed weapon or determining who will carry a concealed weapon in their courtroom;
5. Any polling place;
6. Any meeting of the governing body of a county, public school district, municipality, or special district;
7. Any meeting of the Florida Legislature or a committe e thereof;
8. Any school, college, or professional athletic event not related to firearms;
9. Any school administration building;
10. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises,
which portion of the es tablishment is primarily devoted to such purpose;
11. Any elementary