Question: Florida Shotgun Carry in Vehicle

Question: Florida Shotgun Carry in Vehicle

This is a discussion on Question: Florida Shotgun Carry in Vehicle within the Defensive Rifles & Shotgun Discussion forums, part of the Related Topics category; I'm trying to discern whether or not it is legal to carry a loaded shotgun in the passenger compartment of your vehicle in Florida. The ...

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Thread: Question: Florida Shotgun Carry in Vehicle

  1. #1
    VIP Member Array BugDude's Avatar
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    Question: Florida Shotgun Carry in Vehicle

    I'm trying to discern whether or not it is legal to carry a loaded shotgun in the passenger compartment of your vehicle in Florida. The law is somewhat confusing.

    Here is the text from handgunlaw.us ont he subject:

    790.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons

    (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 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.

    790.001 Definitions.-- As Used in This Chapter, Except Where the Context Otherwise Requires:

    (17) "Securely encased" means 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.

    So here is the confusing part. This is talking about WITHOUT a license how you can carry in your car concealed. Since Florida is a NO open carry state, it seems that a firearm other than a handgun (i.e. shotgun) would also have to be concealed. Does this section require that if it is carried, hence concealed, within your car even with a license then it has to be done so in a case or container as described?

    I've tried to ascertain a more definitive answer online and can't seem to get a clear cut answer. Any thoughts?
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  2. #2
    Member Array hoghunter84's Avatar
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    I could store my shotgun under the backseat of my truck. There is a compartment there and the seat bottom doubles as a lid. I need to flip up the seat to gain access to the shotgun. No worries. Just take what the law says and think shotgun instead of pistol.

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    VIP Member Array Snub44's Avatar
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    ... 790.25 - - 2010 Florida Statutes - The Florida Senate

    (3) l. and (5) are all I find when I click on the button on the right and scroll the whole weapons law...

    ...to me it reads securely cased long guns(loaded or not) are OK,(CHL licensed or not)...a zipper case is mentioned, too, as qualifying for securely encased...I'm hunting that source to cite...seems that just laying there to grab is not, but a zippered shuck would be pretty fast...and legal...
    ...I'd also check with Fish and Wildlife about loaded...sometimes they have stricter laws that apply even though you're not off road...
    ...on this one, I'd call the FL AG's office and see if an opinion's been rendered applying to this...it's a bit foggy...locals can't help you...Legislature pre-empts all local laws...keep us informed...

  4. #4
    VIP Member Array BugDude's Avatar
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    The back seat of my truck does the same, but that would necessitate me getting out of my truck, opening the back door, and flipping up the seat bottom. I'm thinking more along the lines of travel and having a shotgun within reach. I've been broken down on the side of the interstate late at night 4 times over the last 15 years. 12ga in that situation (in addition to my handgun) makes me feel a bit better. In that situation, under the seat may be plenty access enough. I also have a built-in gun locker in the top of my campershell, but it's a pain in the butt to get to. Fine for transporting from point A to point B, but not much for access.
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  5. #5
    Member Array bigbadsmiles's Avatar
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    Hmm interesting.. Colorado only allows loaded handguns (a round in the chamber). You can only carry a shotgun or rifle if you do not have a shell or cartridge in the chamber.
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  6. #6
    VIP Member Array BugDude's Avatar
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    That still doesn't answer the question. The law says "securely encased" and "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" but that is speaking specifically to unlicensed carriers. In the case of a concealed weapons license, the law says "For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001"

    Through deductive reasoning, if the concealed weapons license defines firearm as "handgun", then it seems a long gun can be carried in the passenger compartment as long as it is "securely encased" whether you have a license or not, as long as you are doing so legally and for legal purpose.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.


    Guns are like sex and air...its no big deal until YOU can't get any.

  7. #7
    VIP Member Array Snub44's Avatar
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    ...read the edit after I added the info...still murky...

    ...Handgun laws site: http://www.handgunlaw.us/states/florida.pdf goes into the types of cases...


    Quote Originally Posted by BugDude View Post
    That still doesn't answer the question. The law says "securely encased" and "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" but that is speaking specifically to unlicensed carriers. In the case of a concealed weapons license, the law says "For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001"

    Through deductive reasoning, if the concealed weapons license defines firearm as "handgun", then it seems a long gun can be carried in the passenger compartment as long as it is "securely encased" whether you have a license or not, as long as you are doing so legally and for legal purpose.
    ...that's what I get but...

  8. #8
    VIP Member Array Snub44's Avatar
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    ...this thread has some confusion in it...and misinformation... Floridians, clear up this rumor for me: open long gun in vehicle?

    ..."facts" don't save you unless they're written in the law...not a book...not a website...still looking...

  9. #9
    Senior Member Array theskunk's Avatar
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    Put you shotgun in a zippered or hard plastic gun case .... the back seat.

  10. #10
    Distinguished Member Array bigmacque's Avatar
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    I had a local LEO friend, a Hillsborough and then Hernando County deputy, tell me that with a permit the rules are a bit more relaxed. It still has to be in a position that cannot be seen, but does not have to be behind a door such as a glove box or in a console type location.
    I'm in favor of gun control -- I think every citizen should have control of a gun.
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