Florida gun laws for persons under 21? [Archive] - Glock Talk

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WhySoSeriousG19
11-03-2009, 07:05
Hi, is it legal for my 20yr old brother to carry a pistol in the glove box of his car in the state of Florida? I keep getting different answers on this. Any help would be appreciated.Thanx Damien

Palmguy
11-03-2009, 07:47
FS 790.22 (3) prohibits possession of a firearm by a minor (under age 18) except in certain circumstances.

FS 790.25 (3)(L) allows unlicensed glove box carry, with no age specification.

It is legal for a 20 year old to own a pistol in Florida, and based on the above two statute references I'm inclined to believe that your brother is legal to have a pistol in the glove box.

That said, I am not a lawyer; and I recommend you (and/or your brother) pick up Gutmacher's book...

WhySoSeriousG19
11-03-2009, 07:53
Palmguy, thank you I will look into the Gutmacher's book.Thanx

04SVT
11-03-2009, 08:47
In Florida you have to be 21 to purchase a handgun from a FFL dealer same age applies to hand gun ammo. If he aquired it from a private person then is it legal but you still can't buy ammo for it from a FFl till he is 21. So assuming he bought this from a private person as well as ammo he would be legal to carry it in his car.

noway
11-03-2009, 10:10
yes carry away; load or unloaded , just secure it.


damm it's nice in Florida ;)

Mr. Blandings
11-03-2009, 11:09
Directly from attorney Jon Gutmacher's website: (http://www.floridafirearmslaw.com/Carrying-Concealed-Firearm-Concealed-Weapon.html)

The most important exception to the crime of carrying a concealed firearm or carrying a concealed weapon occurs when you are in a private vehicle, so long as you are 18 years of age, or older*. In that case Florida law usually allows the weapon or firearm to be legally kept ‘securely encased" in the vehicle, although there are some exceptions. The simplest and most common definition of "securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon. Securely encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle. The firearm may be fully loaded at the time, however, it cannot be concealed on your person unless you also have a CWP.

* emphasis added
Source: www.floridafirearmslaw.com

Not only should EVERY Florida gun owner read Mr. Gutmacher's book, his website (http://www.floridafirearmslaw.com/) and blog (http://orlandocriminallawyer.blogspot.com/) should be reviewed frequently for updates and extremely useful information.

The knowledge that Mr. Gutmacher makes available can literally spare you the risk of a lifetime in prison and tens of thousands of dollars in legal fees.

WhySoSeriousG19
11-03-2009, 15:43
Thank you I feel alot better now.Should he carry any papers in the glove box with the gun that show proof of purchase or anything(the gun was bought by me for a graduation gift)?

Jon_R
11-04-2009, 15:28
Thank you I feel alot better now.Should he carry any papers in the glove box with the gun that show proof of purchase or anything(the gun was bought by me for a graduation gift)?

I can not think doing so would have much value. As long as he has ID on him that shows he is over 18 he is legal to own it as his property. If the officer runs the serial number for some reason and it came back stolen I am not sure a proof of purchase at that time would matter much. I also don't think running the serial number would be standard practice unless there was some probable cause to do so. At least not in FL.

I am not sure what type of car he has but I like center console more then glove box. I drive a F150 the glove box is pretty far away and where I keep my registration. If I get pulled over that is what I will need to open to give it to the officer. In that case I would tell him before I open it up I don't want him surprised even though I would be completely legal.

Pretty soon he can get his carry permit.

greatwun
11-04-2009, 16:35
If its not in the glove box make sure its in a secured container.