FLORIDA

"An Act to Govern Patrols," 1825 Acts of

Fla. 52, 55 - Section 8 provided that white citizen

patrols "shall enter into all negro houses and

suspected places, and search for arms and other

offensive or improper weapons, and may lawfully seize

and take away all such arms, weapons, and

ammunition...." Section 9 provided that a slave might

carry a firearm under this statute either by means of

the weekly renewable license or if "in the presence of

some white person." (Id.)

Act of Nov. 17, 1828 Sec. 9, 1828 Fla. Laws 174, 177;

Act of Jan. 12, 1828, Sec. 9, 1827 Fla. Laws 97, 100

- Florida went back and forth on the question of

licenses for free blacks; twice in 1828, Florida

enacted provisions providing for free blacks to carry

and use firearms upon obtaining a license from a

justice of the peace. (Id.)

Act of Jan. 1831, 1831 Fla.

Laws 30 - Florida repealed all provision for firearm

licenses for free blacks. (Id. p. 337-38)

Act of Feb. 17, 1833, ch. 671, Sec. 15,

17, 1833 Fla. Laws 26, 29 authorized white citizen

patrols to seize arms found in the homes of slaves and

free blacks, and provided that blacks without a proper

explanation for the presence of the firearms be

summarily punished, without benefit of a judicial

tribunal. (Id. p. 338)

Act of Feb. 25, 1840, no.

20, Sec. 1, 1840 Acts of Fla. 22-23 made sale or

delivery of firearms to slaves forbidden. (Id. p. 337)

  Act of Jan. 6, 1847, ch. 87 Sec. 11,

1846 Fla. Laws 42, 44 provided that white citizen

patrols might search the homes of blacks, both free

and slave and confiscate arms held therein. (Id. p.

338)

   "was passed when there was a great influx of negro laborers in  this State....The same condition  existed when the Act was amended in  1901 and the Act  was passed for the purpose of disarming the negro  laborers....The statute was never intended to be applied to the white  population and in practice has never been so applied...". Watson v.  Stone, 148 Fla. 516, 524, 4 So.2d 700, 703 (1941) (GMU CR LJ, p. 69)