A Tale of Two (Need Government Permission to Carry) States

A few years ago, I spoke with a gentleman at the Florida Department of Agriculture Firearms Licensing Division about the need to have a firearms license in Florida when transporting guns from the home to the range in a locked container.  Being from the Commonwealth of Massachusetts where so many members of our state legislature do not see any difference between lawful gun owners and criminals with guns, my questions seemed odd to him as Florida has a very different attitude towards gun ownership.  He actually said something like “here in Florida, we have the Second Amendment”.  In that discussion, the difference was that in Florida, you can have firearms on the basis that you are a law abiding citizen and it is your constitutional right while in Massachusetts, you have to first demonstrate to the satisfaction of the local police chief (or designee) that you are law abiding enough to be entrusted with firearms even if you are not carrying them and they are in locked containers during transport.  Being able to carry a loaded firearm(s) on your person is an entirely different thing.

You need government’s permission in both states if you want to carry.  Getting said government permission in each state is as different as the winter weather is each state.  Writing this document, I am sitting in my Boca Raton condo in mid-January with the windows and doors all open, enjoying the awesome 77-degree breeze which is gently providing a heavenly feeling while back in the Bay State (we reside there 9 months per year) it is 15 degrees today with a nasty, artic, bone chilling wind blowing.  Did I mention that we are taking the dog to the beach in an hour?  Oh, the ocean water is a big chilly at 82 degrees, but we will suffer through it.

Ok, back to business.  One year ago, I renewed my Massachusetts License to Carry (LTC).   On Thursday, I renewed by Florida Concealed Weapons of Firearms License (CWL).  The differences in the process are remarkable.  Fair warning, if You are from Massachusetts or any similar state (you know who your are: California, New York, New Jersey ……), you might not want to hear this as your blood might just hit 212 degrees Fahrenheit. 

Massachusetts:   Might get a post card indicating that your license is up for renewal.  If you don’t get the post card and you don’t renew there is a grace period.  You have to download a new application and complete it.  You must go to the local police department in order to renew.

Florida:                Receive a letter with the renewal application which has the information already filled out, you just have to make corrections.  Instructions are included and you can renew in person, online or by mail.

Massachusetts:   Call and make an appointment with the local police chief or his/her designee.  In my case the first appointment was two months away.  I live in a town that is supportive of gun owners.  I know that in a nearby city, the next appointment is nine months away.  Personally, I think that waiting nine months for an appointment to ask permission to exercise a constitutional right is outrageous less that acceptable. 

Florida:                Went online, the next appointment available was the next week, however I chose to select a date in a couple of weeks as it was more convenient for me.

Massachusetts:   Complete the application which includes an affidavit that you have not lost or had guns stolen.  Note that the law requires that you report any lost or stolen guns so the inclusion of this affidavit is sort of insinuating that you are not trustworthy.  Go in for an interview at the appointed time, get a new picture taken, pay the fee of $100.  Leave and wait patiently for your license.  By law, the process can take no more than 37 days, however, don’t count on it.  The local police have 7 days to process your application and forward it to the Colonel of the State Police who has 30 days to process your application, totaling 37 days.  Historically it has taken much longer in some communities.  In my town, I received my license in less than 37 days, but there are many horror stories.  In the days of COVID, there is a built-in excuse (pandemic) for feet dragging of applications.  I have friends who have waited 4 months or more.

Florida                 Go to the appointment.  Show your renewal application at the counter, go to a desk in the office where you application is brought up on a computer and you verify all the information.  Electronically sign and pay the fee of $42.  Have a new picture taken and wait for your new license to the printed.  Be handed your new license with a receipt, then be escorted to the door and thanked repeatedly for coming in.  You leave with your renewed license in hand.  Total time in the office – 15 minutes.

Note that this discussion has been about the firearms license renewal process and not the initial application.  These follow similar paths, however, in Florida they have the Second Amendment, and any law-abiding citizen has the right to own firearms without government permission which is only required if said law abiding citizen wants to concealed carry.  In Massachusetts, you need the state’s permission just to own a firearm or ammunition or a stun gun/taser. 

So, there you have it.  Two states that both required its law-abiding citizens to get government’s permission to exercise their constitutional rights to carry firearms, are completely different.  In Massachusetts the law-abiding citizen who has previously been granted the state’s permission to carry firearms must complete and application and an affidavit that he/she has not previously lied about having guns lost or stolen has to be interviewed and then must wait from one-to-many months before receiving a renewed license.  While in Florida, the entire renewal process is accomplished in the time it takes to complete the Massachusetts LTC application. 

One Final Comment:  As of publication time, Florida’s legislature and governor are beginning the process to make Florida a constitutional carry state.  That means, if you are not a prohibited person then you do not need government’s permission to own and possess firearms.  Currently there are 25 states (That is half of the states!) have constitutional/permitless carry.  Massachusetts – NO!