Dewage Ex Machina

dew'-age ex mach-i'-na n. compound, archaic
an opinion, statement or treatise
- spewing as a rant, speech or incitement from the internet
- as the result of an intermittant explosive disorder
- in an ineffectual effort
- to right an apparent or perceived wrong, injustice or disservice.

Tuesday, March 27, 2007

Starting a "Right to Carry Roadshow"

INTRODUCTION

I would like to put together a proposal for a CCW "Road Show" similar to the one organized by the New Jersey Coalition for Self-Defense and the Association of New Jersey Rifle and Pistol Ranges. This proposal would provide the required Florida paperwork to assist people in meeting the standards for the State of Florida to issue a CCW to a non-resident, and shepherd them through the process.

In discussing this, one of the questions that came up was if the California "Handgun Safety Certificate" (HSC) met Florida requirements for "training". The CA HSC is issued after taking a test from a certified instructor, and is a state requirement to purchase a handgun. Most stores that sell firearms have one or more of the sales people certified as an instructor.

COMPLIANCE WITH FLORIDA LAW

I would like to find out if the CA HSC meets the requirements defined for "training" under FL 790.06 (20)(h) "Demonstrates competence with a firearm by any one of the following". The CA HSC certificate may meet the criteria for any one or more of the following sub-sections:

1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;

3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;

7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;

DEFINITION OF THE CALIFORNIA HANDGUN SAFETY CERTIFICATE

The California statute that applies to the HSC is as follows:

12801. (a) As used in this article, the following definitions shall apply:...

(2) "DOJ Certified Instructor" or "certified instructor" means a person designated as a handgun safety instructor by the Department of Justice pursuant to subdivision (d) of Section 12804.
12804. (a) The department shall develop an instruction manual in English and in Spanish by October 1, 2002. The department shall make the instructional manual available to firearms dealers licensed pursuant to Section 12071, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 12080...

(d) The department shall prescribe a minimum level of skill, knowledge and competency to be required of all handgun safety certificate instructors.

The instruction manual is available as a PDF from this site.

Please note: THERE IS NO CLASSROOM REQUIREMENT TO OBTAIN A CA HSC. I do not know if this is meets Florida requirements or not.

In addition, anyone purchasing a handgun must demonstrate a knowledge of the safe handling of the firearm by demonstrating the manual of arms as coded in law under CA 12071. (b)(8)(D)(i).

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2 Comments:

Blogger Dewage said...

(I sent this to the Florida Department of Agriculture, Public Inquiry Section)

Would like more information, I already have my application:

Concealed Weapon License

My question is: Does the California Handgun Safety Certificate (HSC) meet the training requirements for a Florida CWL? For information on the HSC, please see the following web page:
httpcaselaw.lp.findlaw.comcacodespen1280012809.html

12801. (a) As used in this article, the following definitions shall apply... (2) DOJ Certified Instructor or certified instructor means a person designated as a handgun safety instructor by the Department of Justice pursuant to subdivision (d) of Section 12804.12804. (a) The department shall develop an instruction manual in English and in Spanish by October 1, 2002. The department shall make the instructional manual available to firearms dealers licensed pursuant to Section 12071, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 12080...(d) The department shall prescribe a minimum level of skill, knowledge and competency to be required of all handgun safety certificate instructors.

7:10 PM  
Blogger Dewage said...

(I received this answer to my previous question.)

Mr. Dewey:

If this certificate meets one of the following; then it is acceptable:

Demonstrates competence with a firearm by any one of the following:

1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;

2. Completion of any National Rifle Association firearms safety or training course;

3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;

4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

5. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service; DD214 or Active Duty Military Card.

6. Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or

7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;

A photocopy of a certificate of completion of any of the courses or classes; or an affidavit from the instructor, school, club, organization, or group that conducted or taught said course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this paragraph; any person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm.

I hope this is helpful,

Amanda F. Herring, Supervisor
Florida Department of Agriculture
Public Inquiry Section
(850)245-5665Office (850)245-5655 Fax
Herrina@doacs.state.fl.us

7:11 PM  

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