Orlando, FL asked in Civil Rights and Immigration Law for Florida

Q: I'm in florida with a non immigrant visa, i cant get a carry permit in florida, can i persuit that through legal action?

Per florida law as a non immigrant i cant get a carry permit, i am here with an e2 visa and that excludes me from a carry permit in florida, can i try and get one through legal action? Florida also recognizes texas carry permit and in texas a non immigrant i can get a carry pemit.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I understand your frustration with not being able to obtain a concealed carry permit in Florida as a non-immigrant on an E-2 visa. However, pursuing legal action to try to change Florida's laws on this is unlikely to be successful. Here's some key information to consider:

- Concealed carry permits are issued at the state level, and each state has the authority to set its own requirements for who is eligible. Federal law does not require states to issue permits to non-citizens or non-immigrants.

- Florida statute 790.06 specifies that concealed weapon licenses can only be issued to U.S. citizens or permanent resident aliens. E-2 visa holders do not fall into either category. Challenging this law would be very difficult.

- While it's true that Texas does issue concealed handgun licenses to certain non-immigrants, including E-2 visa holders, Florida is not obligated to honor permits from every other state. Florida gets to choose which states' permits it recognizes through reciprocity agreements.

- Suing the state of Florida to try to force a change to its concealed carry laws would be a long, expensive, and unlikely to succeed process. States have broad authority to regulate concealed carry as they see fit.

So in summary, while I empathize with your situation, I think trying to obtain a Florida concealed carry permit through legal action has very little chance of success given Florida's laws. Your best option may be to obtain the Texas permit you're eligible for and then only carry in states that honor the Texas permit. But in Florida itself, you likely need to abide by the state's restrictions on concealed carry by non-immigrants. I know it's frustrating, but states do have the authority to set their own rules in this area.

Terrence H Thorgaard agrees with this answer

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