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Thread: Rifle/Shotgun open carry in automobile

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    Regular Member Rick H's Avatar
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    Rifle/Shotgun open carry in automobile

    When i first moved to Florida in 2000 I was told it was legal to carry your Rifle/Shotgun loaded in a gun rack or anywhere in a automobile. this was by a LEO and others, Now that SB234 was pushed and the open carry laws changed did that do anything to this part of the law?????
    God Bless America.

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    I had heard something along those lines once.

    I'd be interested in knowing the answer!

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    Quote Originally Posted by Rick H View Post
    When i first moved to Florida in 2000 I was told it was legal to carry your Rifle/Shotgun loaded in a gun rack or anywhere in a automobile. this was by a LEO and others, Now that SB234 was pushed and the open carry laws changed did that do anything to this part of the law?????
    The Open Carry law did not change.

    SB234 was intended to change the law back to allowing open carry as it was before the State-wide concealed carry law was passed way back when.

    There was hoplophobic resistance and some unethical (possibly unlawful) shenanigans by a few Sheriff's/Congress Critters trying to scare the Legislature and instead of doing the right thing and just pulling the bill, they allowed it to become what you see in SB234.

    Which is nothing really, other than some very confusing language. Saying that a 'brief' open display of a concealed firearm was not illegal. Well, here is the shocker, IT NEVER WAS BEFORE!

    OK, now with that over with....

    790.25(5) is the specific section that talks about firearms, other than pistols, in automobiles.
    (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.
    Anywhere - Gun rack, back seat, heck in your lap if you want.
    Last edited by notalawyer; 12-18-2012 at 08:23 AM. Reason: multiple typo's

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    Regular Member Rick H's Avatar
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    Quote Originally Posted by notalawyer View Post
    The Open Carry law did not change.

    SB234 was intended to change the law back to allowing open carry as it was before the State-wide concealed carry law was passed way back when.

    There was hoplophobic resistance and some unethical (possibly unlawful) shenanigans by a few Sheriff's/lCongress Critters trying to scare the Legislature and instead of doing the right thing and just pulling the bill, they allowed it to become what you see in SB234.

    Which is nothing really, other than some very confusing language. Saying that a 'breif' open display of a concelaed firearm was not illegal. Well, here is the shocker, IT NEVER WAS BEFORE!

    OK, now with that over with....

    790.25(5) is the specific section that talks about firearms, other than pistols, in automobiles.


    Anywhere - Gun rack, back seat, heck in your lap if you want.

    I wasn't sure if I was reading that correctly so that is the reason for my question and I respect your answer. Thank you for your help.
    God Bless America.

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    Quote Originally Posted by notalawyer View Post
    The Open Carry law did not change.

    SB234 was intended to change the law back to allowing open carry as it was before the State-wide concealed carry law was passed way back when.

    There was hoplophobic resistance and some unethical (possibly unlawful) shenanigans by a few Sheriff's/lCongress Critters trying to scare the Legislature and instead of doing the right thing and just pulling the bill, they allowed it to become what you see in SB234.

    Which is nothing really, other than some very confusing language. Saying that a 'breif' open display of a concelaed firearm was not illegal. Well, here is the shocker, IT NEVER WAS BEFORE!

    OK, now with that over with....

    790.25(5) is the specific section that talks about firearms, other than pistols, in automobiles.

    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.


    Anywhere - Gun rack, back seat, heck in your lap if you want.
    Please explain the seeming conflict with "anywhere" in the vehicle and the portion bolded in green.
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    Regular Member hammer6's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Please explain the seeming conflict with "anywhere" in the vehicle and the portion bolded in green.
    because the green is talking about a concealed weapon, and the bolded part is talking about a weapon other than a handgun, and one that is not concealed.

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    So one can carry a long gun in their vehicle, right?

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    Quote Originally Posted by 10x View Post
    So one can carry a long gun in their vehicle, right?
    yep.

    You could have fun with that in one of those buggy jeep things I've seen before.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Could a handgun be open carried in a vehicle? And if so it wouldn't need to be securely encased, right?
    Last edited by OC4me; 12-22-2012 at 06:39 PM.

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    Quote Originally Posted by OC4me View Post
    could a handgun be open carried in a vehicle? And if so it wouldn't need to be securely encased, right?
    Understand that Open Carry is generally illegal in Florida, with a few noted exceptions.

    If you are engaged in, or going to or coming from one of the locations/activities listed in 790.25(3):
    • At/going to/coming from; range, hunting, fishing, etc.
    • At home/work (not coming/going)
    • Among others
    Then Open Carry is lawful, as is Concealed Carry without requiring a CWFL. Only need to be 18 years old, too.


    Other than that, while going about your day to day activities; going to work, coming home, going shopping, visiting friends, etc. open carry (on foot or car) is unlawful.

    A pistol in a car (not involved in one of the other exceptions) must be carried:
    In accordance with 790.06 - licensed individual = concealed on or about one's person (about one's person would also include anywhere in the car)
    -OR- In accordance with 790.25(3)(l) = 'openly' if Securely Encased*.
    -OR- In accordance with 790.25(5) = concealed if Securely Encased or is otherwise not Readily Accessible For Immediate Use*

    Post 13 in the motorcycle thread has more detail. http://forum.opencarry.org/forums/sh...cle-and-OC-ing

    * 790.001
    (16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
    (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.
    Last edited by notalawyer; 12-21-2012 at 07:28 PM. Reason: typo

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    1990s Geo Trackers are the poor man's Jeep. They run better and get much better mileage, too. ;-)
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