Florida-Felons-and Handguns

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kungfuhippie

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I'll be driving to Florida from California to give my uncle an antique sewing machine this summer. I'll be getting the Utah CCW to make CCW legal from Arizona to Alabama. Not gonna get the FLorida permit, I'll only be there a few days (three max).
Uncle Kungfuhippie is a felon-years ago he was trafficing pot. He's since grown up and reformed and is a great guy to be around (best of all my Uncles).
So what do I have to be wary of while visiting him? Can I have a locked up gun that he can't get to in the house or should it stay in the car? Or is that illegal? Also is open carry legal in parts of Florida?

I have no idea and since I'm not from the free world, alas I'm from the DPRK (not korea) I just expect there to be all sorts of laws and regulations.

And yes I already know the worth of free internet legal advice;)
 
Not sure. It's been a while since I was in Florida. In 98, open carry was fine. But I will teach a man how to fish. Type findlaw.com, click "for legal professionals" (lie a little), then click "cases and codes", then click the state you want to search, Florida, then click Florida Statutes. From here, each state page will be different, but most will have an index and a search function. Either go to the criminal code chapter or search. I searched "concealed weapon" and found that 790.01 and the following sections are the ones we need to know. I then hit view entire chapter. Let me know if you cannot get it to work for you.
 
Open carry is not allowed in FL.


That being said, this is one of the best states for gun ownership, I love it here in the Gunshine State! :)


If I were you I would just leave the firearm locked in your vehicle.
 
I don't recall open carry being fine in '98, had my CCW since '95...I usually brush up on the laws, but didn't carry for a while after my kid was born..
 
as long as your unlce is not totting the firearm around or using it i would say you would be fine to carry the whole time you are visiting him. i think he just has to be in possion of it before its against the law. not 100% positive though ;) ill look threw my FL Firearms Law book though ;)

this is what it says about Felons

"Under Florida law any person conviceted of a felony in this, or any other state, or of a crime that would be considered a felony in Florida, or a federal felony, is considered a "convicted felon", and such a person cannot possess, own or have in his/her care or custody any firearm, ammunition, or electric weapon, without first having his right to own and possess such being restored by executive clemency. yada yada yada, Violation is a second degree felony, with a mandatory 3 year prison sentence.

Further more, (this guy is a lawyer so he goes into the explanation part) it says this about Felons and Firearms.
"QUESTION" How about if i really just want it for me, and not him. (talking about a firearm here)

"ANSWER" First, He should not have access to the firearm. You should keep it on your person, and when not on your person, it should be kept locked in a safe or strong box that he does not have either the key, or combination to, This is technically legal, but very risky as the feds really like to prosecute this type of case. Remember, even if its yours-- your convicted felon live in- (talking about live in boyfriend here) could still be charged with "constructive possession". That means that he has knowldege of where the firearm is located, and has the ability to control it, as well. This is a factual issue for the jury, and in my opinion is not worth the risk. Also, dont leave any ammunition lying around, as this is just as serious for a felon to possess as a firearm, and the feds will prosecute it if given the chance. Ammunition includes any part of a cartridge, even if empty and even if its on one of those cool key chains!"
Click to expand...



so its up to you if you want to carry while staying with your unlce ;)
 
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Well I think I got my money's worth for the advice;) I think locked in the car (and not mentioning it to him either) will be my solution, just can't justifty the florida ccw for a few days visit anyway. THe Utah license I'm getting because I go to Washington state a few times a year and the Florida permit doesn't work there. From what I've read so far the felon/gun laws are nearly identical.
 
it took me 3 months to recevie my FL Resident permit, it prolly wouldnt be worth it lol if you are only going to be there for a few days. now having it as a conversation peice thats a diffrent story! ;)
 
Without a CWP, you must keep the firearm "securely encased" inside the vehicle.

http://www.flsenate.gov/statutes/in...ute&Search_String=790.25&URL=CH0790/Sec25.HTM

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.
Click to expand...

Legally, simply having it loaded in a closed console, zippered gun case etc is acceptable. It does NOT mean it has to be "locked up", "Unloaded" etc. Unfortunately, some LEO are not properly educated, and have the misconception of the "3 steps rule".

This is different if your uncle ( or any convicted felony ) is in the vehicle. Then, the weapon must be unloaded and either with a trigger lock, or in a locked case.
 
defently i dont know how many people i argue with about the mythical 3 step rule. now the securly encased rule is a diffrent story lol
 
wow, I was going to do the California thing...Locked, mag out unloaded, in the trunk or in a locked container. (will do if uncle is in car) I can just have it loaded and in the locked glove box. Or is the glove box off limits?
 
the "Securely encased" is the law, as I posted. It has case precedent in the Florida Courts to NOT be requiring it is locked up/unloaded. One case specifically ruled that being loaded and simply IN the center console, with the lid closed [ but NOT locked ] complies with the law.

But yea, i still wonder why so many are ignorant and claim there is the "3 step rule".. as that has never [ to my knowledge ] been my law. Besides, that would make it easier and permit open carry!

Step 1: reach over to handgun
Step 2: pickup handgun
Step 3: point handgun
Step 4: pull trigger..
 
Just in case you were wondering

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.
 
790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.--

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;

(omitted felons from other states and several other prohibited possessors)

...

(2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

Which begs the question, what does it mean to be in custody, possession, or control of any firearm or ammunition? However, I don't see a definition. You could find a copy of Florida Statutes Annotated, look up this particular section and see what the cases say.

The other concern is that there are FEDERAL prohibited possessor laws which apply to your felon relative.
 
Maybe I should move to Florida!

In PRK the glovebox is specifically excluded as a locked container. And loaded mags without a gun are bad:confused:

Maybe I can fit all my stuff in the car and just stay on vacation:D
 
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