text:
Gun laws in Florida
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Location of Florida in the United States
Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States.
Florida is a "shall issue" state, and issues concealed carry licenses to both residents and non-residents. Florida recognizes licenses from any other state which recognizes Florida's license, provided the non-resident individual is a resident of the other state and is at least 21 years old[1] or may be under 21 if the applicant is a member or veteran of the United States Armed Forces.[2]
Contents
[hide]
1 Summary table
2 Preemption
3 Concealed carry
4 Open carry
5 Vehicle carry
6 Castle doctrine and "stand your ground"
7 Firearm sales
8 Other laws
9 See also
10 References
Summary table[edit]
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State license to Purchase? No No None
Firearm registration? No No Chapter 790.335 It is a felony under Florida law to create, maintain or publish any list, record or registry of legally owned firearms or law-abiding firearm owners.
Owner license required? No No None
Assault weapon law? No No None
Magazine Capacity Restriction? No No None
Concealed Carry license required? N/A Yes Chapter 790.06 Allows concealed possession of handguns, electronic weapons or devices, tear gas guns, knives, or billies, but not long guns or machine guns per Chapter 790.06(1).
Open Carry? No No Chapter 790.053, Open carry of firearms is generally banned except open or concealed carry is allowed for without a license under 790.25 for certain protected places and activities. Exceptions include in the home, place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
State Preemption of local restrictions? Yes Yes Chapter 790.33
NFA weapons restricted? No No Chapter 790.161 Making, possessing, throwing, projecting, or discharging any destructive device, or any attempt to do so is a felony in Florida.
Peaceable Journey laws? No No None Federal rules observed.
Duty to inform? No No None Florida law does not require one to disclose one's possession of a firearm on contact with Law Enforcement.
Background checks required for private sales? No No None
Red flag law? Yes Yes SB 7026 The police can get judicial approval to confiscate, for up to a year, the firearms of a person deemed a danger to themselves or others.
Preemption[edit]
Florida law prohibits localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses). The Florida Legislature has since 1987 occupied the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation. Due to a lack of penalties associated with violating the preemption statute, it was almost universally ignored by city and county authorities until, on December 7, 2010, Representative Matt Gaetz introduced a bill to the Florida Legislature adding penalties for violating the existing preemption statute. It was signed into law by Governor Rick Scott on June 2, 2011.[3] Penalties may include fines, removal from public office, termination of employment and other punishments.[4]
Concealed carry[edit]
Firearms regulations are uniform throughout Florida, and a carry license is valid everywhere other than in a few specially-defined areas. These prohibited places include any police station, prison, courthouse, polling place, government meeting place, airport, seaport, or tavern.[5] Concealed carry is also prohibited in any school, except for authorized security personnel or armed marshals.[6][7]
Anyone lawfully carrying a firearm in a concealed manner, may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.[8]
Currently, Florida's Concealed Weapon License is one of the most widely recognized, state-issued concealed weapon license. The resident Florida Concealed Weapon License is recognized in thirty-five different states, while the non-resident Florida Concealed Weapon License is recognized in thirty states.[9]
"Concealed firearm" is defined in F.S.S.790.001(2) as "any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person."[10]
Unlicensed concealed carry is allowed during a mandatory evacuation as a result of a state of emergency.[11]
As of 2018, some school employees may choose to receive special training in order to carry a firearm at school.[12]
Open carry[edit]
Open carry when on foot in a public area is generally illegal, but is permitted in certain circumstances, as defined by Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, camping, gun shows, or while shooting, and while going to and from such activities.[13] The open carry ban statute was challenged in court[14] but the ban was upheld.[15]
Vehicle carry[edit]
Vehicle carry without a license when the weapon is not immediately accessible/available for use is permitted.
Handguns must be either "securely encased" -F.S.S.790.25(3)(l) Some cite this as a grey area or risky- or not immediately available for use.[16] "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.[17] Carry of a Handgun on one's person inside a vehicle without a license is not permitted (except in the case of open carry in accordance with the law outlined above). Once a handgun is securely encased, it can be stored anywhere inside the vehicle and is not limited to just the glove compartment/center console.
Long guns may be anywhere in a private conveyance when such firearm is being carried for a lawful use.[18]
As of July 1, 2008, Florida became a "Take your gun to work" state (F.S. 790.251). This law prohibits most businesses from firing any employee for keeping a legal firearm locked in his or her vehicle in the company parking lot. The purpose of the new law is to allow citizens to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, nuclear power plants, national defense facilities, facilities for explosives or combustible materials, or a motor vehicle owned, rented, or leased by a person's employer.
A case was filed against Walt Disney World Resort by a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre-existing no weapons allowed policy. The case was later dropped by the plaintiff citing personal and financial reasons. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.[19][20]
Castle doctrine and "stand your ground"[edit]
"Castle doctrine" refers to the generally accepted common-law principle that one is not required to retreat when in one's own dwelling. Eliminating the requirement to retreat outside the home (i.e. in public) is generally referred to as a "stand your ground" law. As of October 1, 2005, Florida became a "No Duty to Retreat" (i.e. Stand Your Ground) state. Florida Castle Doctrine law establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder. With the passage of Florida's Stand Your Ground law, this principle now also applies in any other place where a person "has a right to be." Essentially, that person has "no duty to retreat" if attacked and may "meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony". Note that all of the generally accepted common-law principles of self-defense must still be followed.[21]
A person who uses force within the parameters of the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful. If a civil action is brought and the court finds the defendant to be immune under the law, the defendant will be awarded all costs of defense.
Firearm sales[edit]
As of 2018, one must be at least 21 years old to purchase any firearm in Florida.[12] Florida law does not restrict private firearms transfers between Florida residents.
The Florida Constitution, Art VIII Sec. 5(b), permits counties to enact ordinances that require a criminal history records check and a 3 to 5-day waiting period when any part of a firearm sale is conducted on property to which the public has the "right of access",[22] such as at a gun show conducted on public property. These local option ordinances may not be applied to holders of a concealed weapons license.[23] As of 2018, this waiting period applies to all counties, with exceptions for concealed weapons licensees, hunters, military, and law enforcement.[12] Prior, only Miami-Dade, Broward, Palm Beach, Hillsborough, and Volusia counties had enacted such ordinances.
Other laws[edit]
Under Florida's red flag law, the police can get judicial approval to confiscate, for up to a year, the firearms of a person deemed a danger to themselves or others.[12][24]
The possession of a bump stock is illegal. This is a gun stock that can be used to increase the rate of fire of a semi-automatic rifle.[25][24]
See also[edit]
Gun law in the United States
Law of Florida
Marion Hammer
References[edit]
Jump up ^ Florida Statutes, Chapter 790: Weapons and Firearms
Jump up ^ Florida Statute 790.062 Members and veterans of United States Armed Forces; exceptions from licensure provisions
Jump up ^ http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=44848&
Jump up ^ http://www.flsenate.gov/Laws/Statutes/2013/790.33
Jump up ^ "Other Location Restrictions in Florida". Giffords Law Center to Prevent Gun Violence. November 16, 2017. Retrieved March 11, 2018.
Jump up ^ "Guns in Schools in Florida". Giffords Law Center to Prevent Gun Violence. November 16, 2017. Retrieved March 11, 2018.
Jump up ^ http://opinions.1dca.org/written/opinions2013/12-10-2013/12-2174.pdf
Jump up ^ http://www.flsenate.gov/Laws/Statutes/2013/790.053
Jump up ^ Florida Department of Agriculture and Consumer Services – Division of Licensing
Jump up ^ "Florida Statutes, Title XLVI, Chapter 790". Florida Legislature. 2017. Retrieved March 11, 2018.
Jump up ^ "Statutes & Constitution: View Statutes: Online Sunshine". www.leg.state.fl.us. Retrieved 2016-11-23.
^ Jump up to: a b c d Astor, Maggie (March 8, 2018). "Florida Gun Bill: What's In It, and What Isn't". The New York Times. Retrieved March 9, 2018.
Jump up ^ Section 790.25 Florida Statutes
Jump up ^ Dale Lee Norman v. State of Florida
Jump up ^ "U.S. Supreme Court Rejects Assault Rifle, Open-Carry Appeals". Bloomberg.com. 2017-11-27. Retrieved 2017-11-28.
Jump up ^ [1] Florida Statutes, Chapter 790.25(5): Weapons and Firearms
Jump up ^ [2] Florida Statutes, Chapter 790.001(17): Weapons and Firearms]
Jump up ^ [3] "Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use." Source: Florida Statutes, Chapter 790.25(5)]
Jump up ^ Powers, Scott; Garcia, Jason (3 July 2008). "Walt Disney World fires back on guns at work". Orlando Sentinel. Retrieved 12 February 2018.
Jump up ^ Powers, Scott (8 July 2008). "After protesting gun rule, Disney guard is fired". Orlando Sentinel. Retrieved 12 February 2018.
Jump up ^ http://www.flsenate.gov/Laws/Statutes/2013/776.012
Jump up ^ Open letter to federal firearms licensees from ATF Miami Field Division, November 28, 2011. Retrieved January 1, 2014 via archive.org.
Jump up ^ http://flsenate.gov/Laws/Constitution
^ Jump up to: a b Scherer, Michael (March 7, 2018). "Florida Legislature Backs New Gun Restrictions After Parkland School Shooting". The Washington Post. Retrieved March 16, 2018.
Jump up ^ Dearen, Jason; Lush, Tamara; et al. (March 10, 2018). "Florida Governor Signs Gun Restrictions 3 Weeks After Attack". Tampa Bay Times. Associated Press. Retrieved March 11, 2018. CS1 maint: Explicit use of et al. (link) CS1 maint: Multiple names: authors list (link)
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text:
Bowl eligibility
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Bowl eligibility in college football at the NCAA Division I FBS level is the standard through which teams become available for selection to participate in postseason bowl games. When a team achieves this state, it is described as "bowl-eligible".
For nearly a century, bowl games were the purview of only the very best teams, but a steady proliferation of new bowl games required 70 participating teams by the 2010–11 bowl season, then 80 participating teams by the 2015–16 bowl season. As a result, the NCAA has steadily reduced the criteria for bowl eligibility, allowing teams with a non-winning (6–6) record in 2010, further reducing to allow teams with outright losing records (5-7) to be invited by 2012. For the 2016–17 bowl season, 25% of the bowl participants (20 teams) did not have a winning record.
Current regulations have also lowered the criteria to allow a team to include one win against teams in the lower FCS Division.[1]
Teams that are bowl eligible will usually either play in one of the bowl games that its conference is affiliated with based on conference tie-ins or the team will be chosen from the pool of remaining bowl eligible teams to fill one of the at-large positions. The various reductions in the bowl eligibility criteria are discussed below.
Contents
[hide]
1 History
2 See also
3 References
4 External links
History[edit]
On April 26, 2006, the NCAA announced that they were relaxing the rules for eligibility starting with the 2006 season, particularly in light of the new twelve-game college football season. Now, teams with a minimum non-losing, or .500, record can qualify for bowl games if their conference has a contract with a bowl game. Also, other teams with a minimum non-losing .500 record (i.e. 6–6) could earn bowl bids if all other FBS teams with winning records have been taken and postseason spots still remain vacant. In thirteen-game seasons (used because of conference championship games, or allowable for Hawaiʻi and any of its home opponents in a given season), a team must win seven games.[2]
Occasionally there will be more bowl eligible teams than there are spots in the NCAA football bowl games in the season. In these cases, some bowl eligible teams will not be invited to play in any NCAA football bowl game. Typically, teams with seven or more wins will not be left out of bowl games, although many seasons, most recently 2012, see at least one such team uninvited. Before the 2010–11 season, the Division I rulebook, specifically Bylaw 30.9.2.1, had several provisions that attempted to ensure that teams with seven wins will receive preference for bowl bids:[3]
Bowl games that have a contract with a conference must select a team with at least seven wins if one is available.
Any bowl berths that become eligible when a conference fails to meet its contracted tie-ins must first be filled by any eligible seven-win teams before any remaining FBS 6–6 teams can be accommodated.
Additionally, conferences are not allowed to sign contingency agreements with bowl games that would allow 6–6 teams from their conferences to receive bowl berths at the expense of any potential team with seven or more wins. While this does not prevent conferences from signing contingency agreements that are triggered when a second conference is unable to provide enough eligible teams to fill all of its contracted berths, it does not allow a 6–6 team from the contingency conference access to a bowl game over a seven win team from a third conference.
In 2008, these rules affected bowls contracted to the Big 12 and Pac-10, which each had at least one more bowl slot than eligible teams. The same applies to bowls contracted to the SEC. However, in that season, the WAC had a contingency agreement with one of the Pac-10's bowls, specifically the Poinsettia Bowl, providing that the bowl would select a WAC team (ultimately Boise State) if the Pac-10 did not have enough teams to fulfill their bowl contracts. The same contingency agreement applied in that season to the Sun Belt Conference and the Papa John's, Independence & St. Petersburg Bowls. Similarly, these rules affected bowls contracted to the ACC in 2009 because that conference has nine bowl tie-ins, but only had seven eligible teams that season.
Starting with the 2010–11 bowl season, the rule that required the selection of seven-win teams before any 6–6 teams was eliminated.[4] The first season of the new rule saw Temple go uninvited despite going 8–4, including a win over eventual Big East BCS representative Connecticut. In the 2011-12 bowl season, the UCLA Bruins were invited to a bowl game despite a losing record after playing a conference championship game (6-6 in regular season, played and lost in Pac-12 Championship Game in extenuating circumstances), while 7-5 winning team Western Kentucky and 6-6 non-losing team Ball State did not receive invites.
Like NCAA sports where a tournament determines an automatic conference bid to the postseason tournament, a team can finish with a losing record (or a winning record but not eligible because of FCS wins) and still appear in a bowl game. In another change to bowl eligibility rules that took effect in 2010–11, a team that wins its conference but has an overall losing record must receive an NCAA waiver to appear in a bowl game.[5] Previously, the waiver required no NCAA action. The new rule is still largely consistent with the NCAA rules in all other team sports, where a team that has a losing record that wins their conference championship through the conference tournament earns the automatic bid to the NCAA tournament.[6]
The NCAA typically awarded waivers in extenuating circumstances when a 6-6 team played in a conference championship game as a result of the division winning team being ineligible because of sanctions. This prevents the conference championship game from affecting bowl eligibility of team that advances to the conference championship in case of division-winning teams being sanctioned. The Pac-12 and ACC have both used it for such division champions, UCLA in 2011 and Georgia Tech in 2012, both of which were 6-6 and advanced to the conference championship game as a result of sanctions to the division winning teams (USC in the 2011 Pac-12 South, North Carolina and Miami in the 2012 ACC Coastal). Both lost in their conference championship games, but the NCAA awarded both waivers.[7]
Starting with the 2013 season, this waiver is established by rule and all 6-6 teams participating in a conference championship game will be bowl eligible.[8]
On August 2, 2012, the NCAA Division I Board of Directors approved a significant change to the process to determine bowl eligible teams, going so far as to potentially allow 5-7 teams to go to a bowl, in case there were not enough regular bowl-eligible teams to fill every game. If a bowl has one or more conferences/teams unable to meet their contractual commitments and there are no available bowl-eligible teams, the open spots can be filled – by the particular bowl's sponsoring agencies – as follows:[9]
Teams finishing 6-6 with one win against a team from the lower Football Championship Subdivision (FCS), regardless of whether that FCS school meets NCAA scholarship requirements. Until now, an FCS win counted only if that opponent met the scholarship requirements—specifically, that school had to award at least 90% of the FCS maximum of 63 scholarship equivalents over a two-year period. In the 2012 season, programs in four FCS conferences cannot meet the 90% requirement (56.7 equivalents)—the Ivy League, which prohibits all athletic scholarships; the Pioneer Football League and Georgetown, which do not currently award football scholarships; and the Northeast Conference, which limits football scholarships to 38 equivalents.
6-6 teams with two wins over FCS schools.
Teams that finish 6-7 with loss number seven in their conference championship game (that has been eliminated by the conference championship waiver rule).
6-7 teams that normally play a 13-team schedule, such as Hawaii's home opponents. Although Hawaii normally plays a 13-game schedule, it only played 12 games in the 2012 season.
FCS teams who are in the final year of the two-year FBS transition process, if they have at least a 6-6 record.
Finally, 5-7 teams that have a top-5 Academic Progress Rate (APR) score. This was later adjusted to allow other 5-7 teams to be selected thereafter—in order of their APR.[9]
The 2015-16 bowl season featured a record 40 bowl games, and 3 teams with losing records (5-7 San Jose State, 5-7 Minnesota, 5-7 Nebraska). [10] Despite this, the Arizona Bowl was unable to fill teams for its Conference USA or alternate Sun Belt Conference tie-ins, leading to both teams being Mountain West Conference teams, and the first time since the 1979 Orange Bowl that a non-championship bowl game was played between members of the same conference.[11]
See also[edit]
Automatic bids to college bowl games
References[edit]
Jump up ^ "Bylaw 18.7.2.2.1 Exception – Football Championship Subdivision Opponent" (PDF). 2010–11 NCAA Division I Manual. National Collegiate Athletic Association. p. 316. Retrieved 2010-11-28.
Jump up ^ ESPN - NCAA approves 31 bowl games for 2006 - College Football at sports.espn.go.com
Jump up ^ "Bylaw 30.9.2.1 Exception – 12 Game Season" (PDF). 2009–10 NCAA Division I Manual. National Collegiate Athletic Association. pp. 354–55. Retrieved 2009-11-09. [dead link]
Jump up ^ "Bylaw 18.7.2 Postseason Football Championship and Postseason Bowl Licensing" (PDF). 2010–11 NCAA Division I Manual. National Collegiate Athletic Association. pp. 316–17. Retrieved 2010-11-28. Note that there is no provision in this rule that gives any preference to teams with seven or more wins over 6–6 teams.
Jump up ^ "Bylaw 18.7.2.2.2 Waiver for Conference Champion" (PDF). 2010–11 NCAA Division I Manual. National Collegiate Athletic Association. p. 316. Retrieved 2010-11-28.
Jump up ^ "Bylaw 31.3 Selection of Teams and Individuals for Championships Participation" (PDF). 2010–11 NCAA Division I Manual. National Collegiate Athletic Association. pp. 391–94. Retrieved 2010-11-28. See especially Bylaws 31.3.4 and 31.3.4.1.
Jump up ^ "Losing record? UCLA still wants a bowl".
Jump up ^ Hosick, Michelle Brutlag (May 2, 2013). "DI Board recognizes new conference, changes bowl qualification - NCAA.org". NCAA. Archived from the original on May 4, 2013. CS1 maint: BOT: original-url status unknown (link)
^ Jump up to: a b Johnson, Greg. "DI Board approves process to fill football bowls in case of shortfall". Retrieved 2 August 2012.
Jump up ^ "Forde-Yard Dash: Bowl edition".
Jump up ^ "Commissioner calls bowl matchup of two MWC teams 'a travesty'". ESPN.com. Retrieved 30 December 2015.
External links[edit]
NCAA 2008–09 Postseason Football Handbook
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