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Old 12-10-2011, 14:21   #1
bear62
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Florida - Can you have loaded gun in car

Have a question for you ....... Can one have a loaded handgun in his private car in the state of Florida without having a concealed carry permit?

I've looked at their statutes but they are not completely clear to me. Acually they are not clear at all ...... (I have a friend in the Tampa area has been carrying a handgun in the console box.)

So what do you gunnies think ...... is it legal or not?

Thanks
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Old 12-10-2011, 14:28   #2
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perfectly legal as long as the gun is "securely encased in a snapped holster". Which most will assume means you can't just have a pistol under your seat. It needs to be in a holster with a thumb break and either in your glove box or center console.

All of this assuming your friend is not a felon.
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Old 12-10-2011, 15:06   #3
xmanhockey7
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This is what the law says (got this off of handgunlaws.us)

Quote:
(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
From what I can tell it can be in a glove compartment, with or without a holster. It can be in snapped holster, anywhere. It can be in a gun case or zippered gun case anywhere with or without a holster. Or in a closed box or container which requires a lid or cover to be opened, again anywhere with or without a holster.

Last edited by xmanhockey7; 12-10-2011 at 15:07..
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Old 12-10-2011, 15:15   #4
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Quote:
Originally Posted by xmanhockey7 View Post
This is what the law says (got this off of handgunlaws.us)


From what I can tell it can be in a glove compartment, with or without a holster. It can be in snapped holster, anywhere. It can be in a gun case or zippered gun case anywhere with or without a holster. Or in a closed box or container which requires a lid or cover to be opened, again anywhere with or without a holster.
That wording sounds pretty clear to me........ Thanks
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Old 12-10-2011, 17:02   #5
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I keep my loaded gun in my work van here in WI...its in my glovebox in a holster, but not snapped or locked up......im pretty sure its legal here.....i would assume Florida to be the same....
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Old 12-10-2011, 17:12   #6
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Gun laws are an important thing to be SURE of. That is, if you are interested in remaining felony free.
No one should assume anything, in this regard.
No one should take anyone's answer, or a web site's information (no disrespect to handgunlaws.us) as gospel.
It is usually fairly easy to google and find you own state's laws on a state web site.

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Old 12-10-2011, 17:20   #7
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Originally Posted by pizza_pablo View Post
Gun laws are an important thing to be SURE of. That is, if you are interested in remaining felony free.
No one should assume anything, in this regard.
No one should take anyone's answer, or a web site's information (no disrespect to handgunlaws.us) as gospel.
It is usually fairly easy to google and find you own state's laws on a state web site.

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Good point!!!!!!
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Old 12-10-2011, 17:41   #8
xmanhockey7
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Quote:
Originally Posted by huggytree View Post
I keep my loaded gun in my work van here in WI...its in my glovebox in a holster, but not snapped or locked up......im pretty sure its legal here.....i would assume Florida to be the same....
It is my understanding of WI law that car carry is only legal if the gun is visible, unless you have a carry permit. So the gun in your passenger seat in a holster is good. In glove compartment illegal.
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Old 12-10-2011, 17:59   #9
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Previous posts about Florida law are accurate. No license required for carry in glove box, console, holster, case, box, gun rug. Just about anything north of a grocery bag makes it legal in a vehicle.
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Old 12-10-2011, 23:53   #10
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Quote:
Originally Posted by GoBigOrange View Post
perfectly legal as long as the gun is "securely encased in a snapped holster". Which most will assume means you can't just have a pistol under your seat. It needs to be in a holster with a thumb break and either in your glove box or center console.

All of this assuming your friend is not a felon.
Doesn't need to be in a holster.

Just being in a glove box or the center console of your car is good enough.

You can however carry it in the open (say in your cup holder between the seats) as long as it is in a holster.

http://www.leg.state.fl.us/statutes/...s/0790.25.html
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Old 12-11-2011, 00:09   #11
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Quote:
Originally Posted by bear62 View Post
Have a question for you ....... Can one have a loaded handgun in his private car in the state of Florida without having a concealed carry permit?

I've looked at their statutes but they are not completely clear to me. Acually they are not clear at all ...... (I have a friend in the Tampa area has been carrying a handgun in the console box.)

So what do you gunnies think ...... is it legal or not?

Thanks
Florida attorney Jon Gutmacher publishes THE book that explains Florida gun law: Florida Firearms: Law, Use & Ownership. Currently in its SEVENTH edition (it is recommended to NOT obtain an older copy due to changes in the law), Gutmacher's book is the best guide to staying legal with guns in Florida.

Gutmacher's website (linked above) is a wealth of FREE information. From the site:
Quote:
Carrying a Concealed Firearm (CCF) or Carrying a Concealed Weapon (CCW):

Concealed Weapons Attorney Orlando, FL - Jon H. Gutmacher:

Unless you have a Concealed Weapons Permit (CWP) carrying a concealed firearm other than on your own property or the property of your business is a third degree felony in Florida punishable by up to five years imprisonment. [Florida Statute 790.01]. A similar provision applies to other weapons that are not firearms, however, the punishment is a first degree misdemeanor. The most common arrest for carrying a concealed firearm in Florida is when a hand gun is placed under a seat in a car without the hand gun being placed inside a snapped holster. This is generally against the law because the firearm is not “securely encased”.

For an in depth discussion of what is or is not “securely encased”, and other defenses, I highly recommend my book: "Florida Firearms – Law, Use & Ownership". It can be ordered off my website, and the book is also available thru many gun shops and gun ranges in Florida. It should answer all your questions on this subject.

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.

Another exception to concealed carry is that you may legally carry a Taser or other non-lethal electronic defensive weapon, or a self-defense chemical spray that does not contain more than two ounces of chemical either open or concealed anywhere other than school grounds, school bus stops, school buses, many government buildings and facilities, and some government offices even if in a private building. I also wouldn’t try taking them inside an airport although it is currently legal to have them securely encased inside your vehicle the parking garage of a commercial airport. You can also keep a firearm on your person either concealed or open inside your home or business. If you take it outside, it gets a little complicated, and may or may not be legal depending on many different circumstances.

As a general rule – I think there are a number of very good defenses to this charge that may be unknown to both police and laymen, alike. Also – many police officers unfortunately lack proper training in this area, and I’ve handled quite a few cases where the arrest was made based on the mistaken belief of the officer that the conduct was illegal – when it actually was completely legal. In some of those cases, once the criminal charges were disposed of, we were even able to obtain civil damages for false arrest because the mistake was so clear cut.

If you are in a situation where you are about to be arrested for "legally" carrying a hand gun, other firearm, knife, or some other weapon because the police officer is mistaken about the law – my advise is to politely advise the officer that you thought you were acting legally, and you believed that your conduct was legal. Ask him or her if they would please contact a supervisor to check on it before completing the arrest. Don’t threaten them with legal action or a formal complaint! This will only make matters worse. If all this fails, Mr. Gutmacher has handled these cases throughout the State of Florida, and would be happy to discuss representing you.

Call Orlando Concealed Weapons Lawyer, Jon H. Gutmacher today at 407.650.0770!
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