Each year, many people lose their wallet. Along with the wallet, they lose credit cards, debit cards, photographs and licenses. What if you lose your Concealed Weapon or Firearm License (CWFL)? What do you need to know? Read on to stay legal.
A lost or Stolen CWFL is invalid.
Florida Statutes 790.06(9) in relevant part states: (9) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid…
This means that if you lost your CWFL, you MUST immediately stop carrying concealed. Imagine carrying your firearm concealed on your person. You are stopped for a traffic infraction. The officer asks you to get out of your car and notices as you exit that you have a concealed handgun on your hip. The officer asks for your CWFL. You respond by stating, “I have applied for a replacement. I lost it.”
Remember, a lost CWFL is invalid. Consequently, you are carrying a concealed firearm without a license. According to Florida Statute 790.01(2), this is a 3rd degree felony punishable by up to 5 years in prison. The fact that you HAD a CWFL is irrelevant. All that matters is that your CWFL is invalid.
A CWFL not in your possession is VALID!
Imagine the same scenario above. However, this time when the officer asks for your driver’s license and CWFL, you notice that you left your wallet at home. The officer can check to ensure you have both a valid driver’s license and a valid CWFL. As a result of spending the time to check, the officer learns that you have a valid driver’s license and a valid CWFL. He therefore writes you two tickets. One for failure to display your driver’s license and another for failure to display and carry your CWFL.
Per Florida Statute 790.06 (1), The licensee must carry the license (CWFL), together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
Unfortunately, it is not the officer’s duty on the side of the road to research whether or not you have a valid CWFL. You may get arrested and charged with the 3rd degree felony of carrying a concealed weapon. An experienced attorney should be able to help get this charged dropped upon proof of your CWFL. You might even have a valid false arrest case. However, you will still have been arrested, taken to jail, required to bond out, and spend money on legal fees.
Reporting a Lost or Stolen CWFL.
By law, you must report a lost or stolen CWFL within 30 days. Per Florida Statute 790.06(8) failure to report a lost or stolen CWFL within 30 days is a noncriminal violation with a penalty of $25.
Replacing a Lost or Stolen CWFL.
Instructions on how to obtain a replacement license if your CWFL is lost or stolen can be found on the Department of Agriculture’s Website (click here). Remember, however, that you cannot carry concealed until your replacement license is in your hands.
We are here to help!
The Expert Firearm Attorneys at The Firearm Firm are here to help. Further, our primary goal is to keep gun owners legal. If you have any firearm related questions, visit our website. There, you can search our knowledge base, or leave a question for us to answer. The Firearm Firm is a statewide Second Amendment and Self-Defense law firm.