gun and vehicle in florida

This is a discussion on gun and vehicle in florida within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Does any body knows what the rules are about carrying "loaded or not in your vehicle in florida"and what exactly is the 3 steps process? ...

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Thread: gun and vehicle in florida

  1. #1
    New Member Array frantz75's Avatar
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    Question gun and vehicle in florida

    Does any body knows what the rules are about carrying "loaded or not in your vehicle in florida"and what exactly is the 3 steps process?
    do you carry your gun loaded in your vehicle?

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  3. #2
    VIP Member Array miklcolt45's Avatar
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    There is no 3-step process.

    My understanding is that if it is in your glove box, it is legal, unless you have a CWL.
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    Ex Member Array Ryan H's Avatar
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    My uncle is a LEO in Panama City, his exact statement was that if it is in a "container, meaning any sort of box or zipper pouch that does NOT have to be locked", it is legal. He said if said container is not a glove box, etc and is movable, it has to be out of view.

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    VIP Member Array havegunjoe's Avatar
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    My understanding is you can carry a gun loaded in your glove box if you don't have a permit. Otherwise it must be cased but can be loaded. If you have a permit you can carry on your person loaded.

    790.25 (5)(5) Lawful Ownership, Possession, and Use of Firearms and Other Weapons

    It is not necessary to have a license or permit to carry a loaded firearm in a private vehicle, so long as the gun is "securely encased". Florida law defines a weapon as being securely encased if the firearm is in a glove compartment, whether or not locked, in a snapped holster (not worn on your body!), in a zippered gun case or in a box or other container that requires a lid or cover to be lifted or opened in order to gain access to the firearm. These restrictions do not apply to any person who holds a valid Florida Concealed Weapon License or a reciprocal state license/permit.
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  6. #5
    New Member Array frantz75's Avatar
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    Well now my question is if i have a conceal weapon permit can i carry my gun loaded anywhere in the vehicle as long as it is concealed?

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    Quote Originally Posted by frantz75 View Post
    Well now my question is if i have a conceal weapon permit can i carry my gun loaded anywhere in the vehicle as long as it is concealed?
    Yes, but I wouldn't have it just floating on the seat covered with a hat...sudden stops, etc...

    I usually have it on my person anyway...so much easier...

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    Member Array Intentional Flincher's Avatar
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    It is also written that it shall be interpreted in the favor of the citizen.


    Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

    Section 790.25(5), which deals specifically with possession in a private conveyance states that "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 of 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." (Emphasis added.)

    Section 790.001(17) defines the term "securely encased" to mean "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."

    http://licgweb.doacs.state.fl.us/new...led_carry.html
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    Senior Member Array Juggernaut's Avatar
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    Quote Originally Posted by Intentional Flincher View Post
    It is also written that it shall be interpreted in the favor of the citizen.


    Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

    Section 790.25(5), which deals specifically with possession in a private conveyance states that "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 of 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." (Emphasis added.)

    Section 790.001(17) defines the term "securely encased" to mean "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."

    http://licgweb.doacs.state.fl.us/new...led_carry.html
    I don't understand the logic the legislators used which led them to believe a weapon that is for self-defense should be "not readily accessible for immediate use." I guess they think if you're getting carjacked you would have time/presence of mind to fumble with and reach into the secured container before getting shot/stabbed/hit.
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    The Center Console (closed) is also securely enclosed. And please please pass the word, THERE IS NO THREE STEP RULE.

    +1 with Ret on the floating gun. If you have to brake hard, you will lose access to the gun in a case of needed defense. Also if you get stopped and the gun shows just a little, you are now breaking the law for illegaly displaying a firearm.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
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    New Member Array frantz75's Avatar
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    I am getting confused about carrying the firearm loaded in the vehicle but properly concealed in maybe a zippered bag where i can reach,but a couple of police officers from my military unit are telling me that even with a ccw license i can't have it loaded.Any body knows where i could read the axact legal outcome regarding that situation,cause i read the article it is not detailed enough about loaded carry.

  12. #11
    Member Array Intentional Flincher's Avatar
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    In Florida, there is no difference, in the eyes of the law, distinguishing loaded from unloaded handguns in cars. Zippered bag, loaded.....legal.
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    Member Array produman's Avatar
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    Quote Originally Posted by frantz75 View Post
    I am getting confused about carrying the firearm loaded in the vehicle but properly concealed in maybe a zippered bag where i can reach,but a couple of police officers from my military unit are telling me that even with a ccw license i can't have it loaded.Any body knows where i could read the axact legal outcome regarding that situation,cause i read the article it is not detailed enough about loaded carry.
    More people that do not know what they are talking about...The law reads " securely encased not readily accessable for use" It can be loaded as long as you abide by these.
    "May God have mercy on my enemies, because I won't."
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    Member Array samb's Avatar
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    gun and vehicle in florida

    Quote Originally Posted by frantz75 View Post
    I am getting confused about carrying the firearm loaded in the vehicle.
    All these convoluted laws do is criminalize honest people.

    The pols who couldn't stop the ccw from being passed into law in the first place, forced the other side of the aisle to compromise in such a manner that police would still be able to bring charges against decent, law abiding people. Keeping guns from honest people is simply a power play.

  15. #14
    VIP Member Array Tom G's Avatar
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    Thats news to me about the haveing to be unloaded. I've carried one for years loaded in a glove box or on my person with a ccw and have never had a problem. Try Packing.org for your states laws. I'am also from Florida and this where I get my information when I travel to the different states. It pays to double check so there is no misunderstanding.

  16. #15
    Senior Member Array Rustynuts's Avatar
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    +1 loaded and in glovebox - Legal, period, in Florida! Just took my CWL class and the instructor gave us pointers. Also legal to have it in a holster (not on your person without license) but holster HAS to have a strap to secure the gun inside. Center closed console, tupperware container with lid, etc. - LEGAL!!!!!

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