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Rifle/Shotgun open carry in automobile

Rick H

Regular Member
Joined
Jan 9, 2011
Messages
323
Location
Hoover, Alabama
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?????
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
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.
 
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Rick H

Regular Member
Joined
Jan 9, 2011
Messages
323
Location
Hoover, Alabama
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.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,461
Location
Florida
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.
 

10x

Regular Member
Joined
Apr 11, 2011
Messages
134
Location
FL
So one can carry a long gun in their vehicle, right?
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
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/showthread.php?108560-Riding-a-Motorcycle-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.
 
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