Floridians, clear up this rumor for me: open long gun in vehicle?

This is a discussion on Floridians, clear up this rumor for me: open long gun in vehicle? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I heard somewhere that long guns do not have to be carried, "securely encased". Any truth to this? I have a feeling this is bogus....

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Thread: Floridians, clear up this rumor for me: open long gun in vehicle?

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    Member Array ROFL SQUAD's Avatar
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    Floridians, clear up this rumor for me: open long gun in vehicle?

    I heard somewhere that long guns do not have to be carried, "securely encased". Any truth to this? I have a feeling this is bogus.
    If you're going to carry one weapon, might as well carry two, because as the saying goes, "Two is one, and one is none."

    "Liberals can decline or whine, but I will still carry and conceal mine." - Cold Warrior. Excellent quote good sir!

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    790.25(5) fs

    5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

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    That^^

    There is very limited OC for handguns in FL, but anyone 18 or older who can legally possess a fire arm can conceal it within the vehicle as long as it's not "on the person" and "securely encased." The FL statute definition of securely encased includes being in a "snapped holster" regardless of the location as long as it's concealed from sight. So a concealed handgun in a "snapped holster" under the seat by a person legally allowed to possess, with no CWFL, is perfectly legal, although some LEOs think otherwise. Long guns do not need to be concealed.
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    Thanks for the clarification gents. Just trying to figure out if I could leave one uncased in the truck if need be. I don't have a case to transport my long arm in when going to the range.
    If you're going to carry one weapon, might as well carry two, because as the saying goes, "Two is one, and one is none."

    "Liberals can decline or whine, but I will still carry and conceal mine." - Cold Warrior. Excellent quote good sir!

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    Member Array merlin82plus's Avatar
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    Even in the gun-unfriendly state of NY, I remember having a pickup with gun rack in the back window (and I think it's still ok here). Can't imagine a southern state would outlaw that !

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    Senior Member Array TonyDTrigger's Avatar
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    When I moved to FL during the 70's it was really common to see long guns inside trucks and cars. I believe they needed to be seen through the window on a window rack. Especially during hunting season this was quite normal. I have not seen this for a long time, not sure why. I don't believe the law has changed however.

    I remember people moving from up north will find this shocking.

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    Quote Originally Posted by merlin82plus View Post
    Even in the gun-unfriendly state of NY, I remember having a pickup with gun rack in the back window (and I think it's still ok here). Can't imagine a southern state would outlaw that !
    Florida is not a "southern" state; it's a geographically misplaced section of NY.
    RETSUPT99 and LenS like this.
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    Quote Originally Posted by OldVet View Post
    Florida is not a "southern" state; it's a geographically misplaced section of NY.
    How very true!!!
    An armed society is a polite society. Manners are good when one may have to back up his acts with his life. - Robert A. Heinlein

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    Member Array merlin82plus's Avatar
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    Quote Originally Posted by OldVet View Post
    Florida is not a "southern" state; it's a geographically misplaced section of NY.
    LOL, you got me there.

    I remember being in Huntsville AL in the 1990's and one of the local car dealers had pickups out front with a big sign, Free Shotgun with every pickup sold. I think you might still see gimmicks like that in some places, but not in NY !

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    Lightbulb OPEN CARRY in your private conveyance or motor vehicle.. OK?? - FLORIDA

    Quote Originally Posted by Paladin3840 View Post
    5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
    Can anyone point me to the exact statute that specifies whether or not we can:
    1. Put our rifles in a gun rack, openly displayed with no case or other zippered enclosure around it? 790.25(5) indirectly mentions rifles, but it does not say if the rifle has to be in a hard/soft case while it's up in the gun rack for everyone to see.
    2. While in/on my motor vehicle, can I carry openly, such as on the seat next to me, or even in an open carry holster, such as when I am on my motorcycle? Open carry is illegal in Florida, but NOT when you are in (or on) your private motor vehicle, correct? See gun rack above..

    Reason why I ask is because I:
    1. would like to carry my shotgun to the outdoor range, openly slung on my back while on the motorcycle going to the range.
    2. would like to leave my pistol openly sitting on the seat next to me, not in a case or holster of any kind.

    790.251 mentions "out of sight" but not specifically for the instances above....

    Can I get away with that in Florida?
    What statutes say that I can? ..that I can't?

    I sure can't find any..
    Please and thanx!! :)
    -ken

    ps: Not that I like to push the cops buttons or anything.. I'd love to quote statute numbers to them though when they pull me over for trying to look like "Road Warrior".

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    Senior Member Array darbo's Avatar
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    Gunschool, without me spending the next 20 minutes trying to type out a long answer I would say no it's not exactly illegal to open carry a long gun in the back seat but it isn't exactly legal either. You might end up as a test case. Seriously, spend the $31 for the book, "Florida Firearms: Law, Use & Ownership, 7th Edition" It's a great book, many Fl. PDs and LEOs use it. No I do not get any benefit or financial gain from this book!

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    VIP Member Array Eagleks's Avatar
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    It used to be, a long time ago, that you could carry a long gun here as long as it "was visible" , which was the reason for the gun racks in the back of the truck cab window.

    Now that you bring this up, I have no idea what it is here now. Now, I'm going to have to find out.
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    Quote Originally Posted by OldVet View Post
    That^^

    There is very limited OC for handguns in FL, but anyone 18 or older who can legally possess a fire arm can conceal it within the vehicle as long as it's not "on the person" and "securely encased." The FL statute definition of securely encased includes being in a "snapped holster" regardless of the location as long as it's concealed from sight. So a concealed handgun in a "snapped holster" under the seat by a person legally allowed to possess, with no CWFL, is perfectly legal, although some LEOs think otherwise. Long guns do not need to be concealed.
    I have to jump in here and correct the above. A handgun, snapped in a holster and concealed under the driver's seat in a vehicle is NOT legal. This is because it is considered "readily accessible for immediate use".

    F.S. 790.001 (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

    Despite what many people think, based on their reading of F.S. 790.25, a concealed handgun must meet the requirement of being "securely encased" and also not be "readily accessible for immediate use", per the definitions in F.S. 790.001. There is established case law on this subject.

    I suggest not pushing the limits of interpretation on this section of Florida law. When it comes to carrying a concealed handgun in a vehicle without a concealed weapons permit, I strongly recommend sticking with one of the things that are specifically mentioned in the actual statute, such as the glove compartment or a zippered gun case. There are a lot of law enforcement officers out there with only a rudimentary understanding of the state weapons laws, and even if you're proven right in the end, that doesn't help you avoid getting arrested and transported to jail for illegally carrying a concealed firearm.

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    Why wouldn't one carry a long gun in the/a case? I'm not throwing a long gun in the back seat...why not take care of that investment and 'case it'?
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    Senior Member Array darbo's Avatar
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    Quote Originally Posted by xm15 View Post
    I have to jump in here and correct the above. A handgun, snapped in a holster and concealed under the driver's seat in a vehicle is NOT legal. This is because it is considered "readily accessible for immediate use".

    F.S. 790.001 (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

    Despite what many people think, based on their reading of F.S. 790.25, a concealed handgun must meet the requirement of being "securely encased" and also not be "readily accessible for immediate use", per the definitions in F.S. 790.001. There is established case law on this subject.

    I suggest not pushing the limits of interpretation on this section of Florida law. When it comes to carrying a concealed handgun in a vehicle without a concealed weapons permit, I strongly recommend sticking with one of the things that are specifically mentioned in the actual statute, such as the glove compartment or a zippered gun case. There are a lot of law enforcement officers out there with only a rudimentary understanding of the state weapons laws, and even if you're proven right in the end, that doesn't help you avoid getting arrested and transported to jail for illegally carrying a concealed firearm.
    The following is an excerpt from Florida Firearms Law, Use & Ownership...a very good book.
    Quote"Summary of where handguns can be kept in vehicle ...Here's the short list, confirmed by appellate case law, on what's definitely "securely encased"; in a snapped holster-anywhere-loaded or unloaded, in a closed console-L or UL-, in a closed glove compartment-L or UL, in any other type of [U]closed[U] container which the gun cannot be fired from until withdrawn-L or UL. That's the easy, correct answer. However, some things that are causing confusion with law enforcement should be known. For some reason, a number of law officers are under the mistaken impression that is is illegal to have a firearm under the seat even if otherwise "securely encased". The law is clear on this - if it's in a snapped holster, zippered case, or any other type of closed container - it matters not where else it might be. However, because of this sometime confusion - maybe it's not a great idea to keep it under the seat?" End quote.
    So while carrying a handgun in a snapped holster under the seat is not illegal it may not be the best choice considering the confusion and lack of knowledge on the part of some law enforcement.

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