Weapon Concealed in Car without Concealed License? Florida

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trimore

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I live in Florida

It appears to me that the castle doctrine does apply to your car. Does that give the right to carry a gun in your car without a concealed carry license or must you have the license to be able to carry the gun and invoke the castle doctrine?
 
You can carry a fully loaded gun in your car without a carry permit. Yes, the castle doctrine applies here.
 
Without CCW in FL, you can have a weapon (pistol) in your car, "securely encased and not accessible for immediate use". So basically, in the glove box, center console, etc. CAN be loaded and ready to rock and roll.

You CAN NOT drive through a school zone! You CAN invoke the castle doctrine in your car.

Get your FL CCW!!!
 
Read the FL statutes, http://www.leg.state.fl.us/STATUTES...tm&StatuteYear=2009&Title=->2009->Chapter 790

Then buy and read Guttmacher's book.


Yes, you can have a gun in the car. It must be concealed from view and in a container (your glove compartment, center console, or even a snapped holster counts a container), you cannot drive within a certain distance of a school.

Please, read the statutes and educate yourself on the laws.
 
Thanks everyone.
I actually did read the laws but the legalese can be difficult at time. I did some more searching and someone explained a bit how it reads and understand it better now.

I am going to start the CC license process next month.
 
one question pertaining to this part of statute 790.25 subsection 2:"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."

Does this mean that if I wanted to have a shotgun on a rack in my car loaded for self defense, that it would be legal to do so, despite it not being "securely incased"?
 
Quote:
Does this mean that if I wanted to have a shotgun on a rack in my car loaded for self defense, that it would be legal to do so, despite it not being "securely incased"?
Yes.Only handguns must be "securely encased" in Florida.


I am always tempted to drive around town with a shotgun up on the dash. Just for fun you realize, on a slow day ... :evil:
 
I am always tempted to drive around town with a shotgun up on the dash. Just for fun you realize, on a slow day
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When I lived in TX in the late 70's, having a gun rack in the back window of your pick-up was de rigueur and there was usually a gun in them - never an issue......
 
Thanks everyone.
I actually did read the laws but the legalese can be difficult at time. I did some more searching and someone explained a bit how it reads and understand it better now.

I am going to start the CC license process next month.
 
So I have a questions as there are conflicting answers on here. Could you carry in a IWB holster without a snap concealed under your shirt?
 
So I have a questions as there are conflicting answers on here. Could you carry in a IWB holster without a snap concealed under your shirt?
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If you are a CCW holder, yes. If you don't have a carry permit, no.

The "closed container" (i.e. snapped holster, glove box, zippered bag) part of the law only applies to those who do not have CCW permits. For those of us who CCW, the handgun only needs to be concealed - no snaps required.

Seriously guys, buy Guttmacher's book. He clarifies most of the legalese.

http://www.floridafirearmslaw.com/p/Florida-Firearms-Law-Use-Ownership-Book.html
 
Eric, and "Lebowski", there is no statute that prohibits driving near a school (without actually entering school property) with a firearm lawfully carried within the vehicle.
"Lebowski", could you please quote the statute you are interpreting as otherwise, instead of just providing a link to the statutes themselves? Include the chapter and section/subsections, please. Thank you.
 
If I do not have a Concealed license, and I live in Texas and am "travelling", can I carry my 1911 on my person concealed in a holster that has a snap while driving my car?
 
"Lebowski", could you please quote the statute you are interpreting as otherwise, instead of just providing a link to the statutes themselves? Include the chapter and section/subsections, please. Thank you.
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It's a federal law not a FL statute - 18 USC 922[q]. I'm paraphrasing Gutmacher's book (the statute looks enormous, I'm not slogging through that thing this late):

Makes it a federal crime punishable by up to 5 yrs imprisonment to knowlingly possess a firearm in a "school zone" unless you meet certain exceptions, a "school zone" being defined as the grounds of any elementary or secondary school or within 1000 ft of such. Gutmacher lists the exceptions (there are 7), which include CCW holders, LEOs, having the gun unloaded and in a locked container ... but does not include simply having it in a vehicle.
 
Good question.Without a CCW recognized by Florida the firearm must be in plain view in the snapped holster while in the Sunshine State.
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No. here is the law:

790.053 (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

Therefore, it cannot be in the view of the public. I don't think a gun rack is legal, either. There are exceptions: (reference 790.25(3))

- Military, Law Enforcement, emergency management, licensed armed security guards, or National guard, while in the performance of official duties

- Persons enroute to, or engaged in, hunting, fishing, target shooing (if enrolled in a shooting club), gun dealers, gunsmiths,

- persons legally engaged in target practice

- persons with weapons securely encased, which is defined as: in a box, container, snapped holster (not on your person. If the handgun is on your person, it is now a concealed weapon, which is illegal unless you have a CCW.)

In addition, the "securely encased" rule applies to ALL firearms, not just handguns (reference: 790.25(5)).
 
If I do not have a Concealed license, and I live in Texas and am "travelling", can I carry my 1911 on my person concealed in a holster that has a snap while driving my car?
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Well, are you asking about in Texas or Florida? The OP is asking Florida.

If you are asking about Texas law then there is no more "travelling" and whether or not there is a snap on the holster makes no difference in Texas law.

Texas law allows for concealed handguns in a car without a concealed permit, on your person or not.

However, you may have problems if you happen to get out of the car. Any carrying of the handgun outside the car other than to and from the vehicle from your home or place of business is probably illegal.

If you want, open another thread asking your Texas questions and we can dig into them, I don't want to confuse this Florida thread.
 
This is the statute I believe maybe someone can interpret it, I live 500' from a school and cannot go to work,shopping movies etc without driving through a school zone. Does this also mean if I set one foot off my property with a loaded gun it's a crime? Also many people at work which is directly across the street from a school keep their guns in their cars per the new Florida law. And does having a ccw allow you to drive through a school zone. How about getting pulled over on an interstate os state highway that happens to be within 1000' of a school. This sounds like an unenforceable law. Someone please decipher this for me (2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard for
the safety of another, to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm
-
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.
(4) Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
(r) It shall be unlawful for any person to assemble from imported
parts any semiautomatic rifle or any shotgun which is identical to
any rifle or shotgun prohibited from importation under section
925(d)(3) of this chapter as not being particularly suitable for or
readily adaptable to sporting purposes except that this subsection
shall not apply to -
 
This sounds like an unenforceable law.
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That's pretty much true. It seems to be one of those "feel good" things that makes soccer mom voters happy but has no real impact.

Unless you happened to be in an incident in a school zone this would never even come up.

But, it exists and is an add on charge if you happen to be the unlucky recipient.

As to your questions yes, having a CCW does negate this law as does being on private property, unloaded and locket up etc.

You notice that the law is worded such that it only applies to people that have been subjected to a background check for their permits, so states like Alaska, Virginia, etc that have pretty much unrestricted carry or don't require permits at all are really a mess. In some states there is no possible way to meet the requirements of this law.

If you get stopped for speeding in a school zone you could end up in prison under the right circumstances.

It's a real nightmare of a law.
 
In addition, there have been court decisions that say that there is an exemption for bonafide self defense under (3)(A)
 
Divemedic: where is your text coming from?? I don't see any words about needing to be a club member.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/ch0790.htm

Online is my favorite section:

(3) LAWFUL USES.--...it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
...

(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

My interpretation is, to always carry a fishin pole and bait, and carry what you want, where you want.
 
This is the statute I believe maybe someone can interpret it, I live 500' from a school and cannot go to work,shopping movies etc without driving through a school zone. Does this also mean if I set one foot off my property with a loaded gun it's a crime?
Click to expand...

George - I agree it sounds unenforcable. My gut is, if you're just driving by a school I can't imagine any LEO would actually arrest you for it. If you're sitting in the parking lot scopin out kids and acting like a weirdo, they probably would. That's just my gut, not legal advice. But, the law is there.

My house actually backs up to a school, so I'd be in a similar boat - I wouldn't able to back out of my driveway w/ a gun in the car if I didn't have a CCW, as I read the law.

Bottom line - just get a CCW permit and don't worry about it.
 
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