Inactive Law Enforcement or Auxiliary Officers Can Carry a Concealed Firearm While Off-Duty

The Florida crime of carrying a concealed firearm is committed when a person carries a concealed firearm on his person without a proper license. In Florida, this crime is a third degree felony. When a person who is lawfully licensed to carry a concealed firearm while off-duty such as a police or other law enforcement officer or a reserve or auxiliary officer with the Florida Fish and Wildlife Commission becomes inactive, can he/she still still carry a concealed weapon?

According to Florida law, it will depend on whether that person’s certification remains intact. All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers (which is defined at Florida Statutes § 943.10(1), (2), (6), (7), (8) & (9)) may carry a concealed weapon. So, the question is not whether the person is active in his/her particular law enforcement-related position, but whether his/her certification remains active. A person who is an inactive law enforcement officer, or even suspended, whose certification has not been suspended is not criminally liable for carrying a concealed weapon under recent Florida law.

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