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Thread: Carrying from Michigan to Florida while on Vacation...

  1. #1
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    Carrying from Michigan to Florida while on Vacation...

    So, I am traveling to Florida in August on business from Michigan. I do NOT have my CPL in Michigan (or any state). I am flying and have already checked the regulations with Southwest Airlines and the guidelines with which to travel.

    My question is this:
    Since Florida is NOT an OC state (aside from going to/from hunting, fishing, camping) can I legally bring my handgun with me? I will be alone with all male business colleagues and am always more comfortable when I am adequately protected. But, obviously, I don't want to break any laws or subject myself to legal issues.

    I have read a lot online and I can't quite seem to come up with a clear answer. Can I bring it, keep it unloaded and in the truck of my rental and then just in my room with me? Can I actually OC if I choose to go fishing while I am down there?

    Any help/advice would be greatly appreciated.

    *Happy Independence Day*

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    Carrying from Michigan to Florida while on Vacation...

    If you have the funds, getting a CPL would solve your problem. I think it was about 3 weeks from when I took the class and turned in my app until I had my CPL in my hands. If that's not an option, I'd contact the Attorney General's office down there and try to get some clear answers. It sure would be a bummer to end up with legal issues and possibly lose your 2A rights altogether.

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    Re: Carrying from Michigan to Florida while on Vacation...

    Not to sound like ****** but looking up the laws in florida is really easy. You can tote your gun around encased and unloaded to your lodging or vehicle. You can have it loaded in a vehicle (as long as it is encased, as in the glovebox) and you can have it loaded where u are staying the night.
    “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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    Quote Originally Posted by 77zach View Post
    Not to sound like ****** but looking up the laws in florida is really eassy. You can tote your gun around encased and unloaded to your lodging or vehicle. You can have it loaded in a vehicle (as long as it is encased, as in the glovebox) and you can have it loaded where u are staying the night.
    Not being an ******, I'll give the new poster a pointer to a great website that has information for all 50 states: http://handgunlaw.us/

    You can tote your gun around encased and unloaded to your lodging or vehicle.
    Which statute grants an exemption to 790.01 (or 790.06, or 790.053) for this specific activity?

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    Quote Originally Posted by 77zach View Post
    Not to sound like ****** but looking up the laws in florida is really easy. You can tote your gun around encased and unloaded to your lodging or vehicle. You can have it loaded in a vehicle (as long as it is encased, as in the glovebox) and you can have it loaded where u are staying the night.
    Right, all the laws I read state that you can do this WITH your CPL. If I needed an education on how to look something up on the internet, I would have asked that. And if I am wrong, where do you read that I can do all of that without my CPL?

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    Quote Originally Posted by notalawyer View Post
    Not being an ******, I'll give the new poster a pointer to a great website that has information for all 50 states: http://handgunlaw.us/


    Which statute grants an exemption to 790.01 (or 790.06, or 790.053) for this specific activity?
    Thank you!! This was actually a helpful reply - I appreciate the time put into helping me understand this better.

    Hope you had a pleasant 4th!

  7. #7
    Regular Member 77zach's Avatar
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    Re: Carrying from Michigan to Florida while on Vacation...

    Quote Originally Posted by kmfirestone View Post
    Right, all the laws I read state that you can do this WITH your CPL. If I needed an education on how to look something up on the internet, I would have asked that. And if I am wrong, where do you read that I can do all of that without my CPL?
    Nope. You can do all that I said without a CPL.

    http://www.leg.state.fl.us/Statutes/...TOKEN=82560341

    Look at 790
    “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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    Quote Originally Posted by 77zach View Post
    Nope. You can do all that I said without a CPL.

    http://www.leg.state.fl.us/Statutes/...TOKEN=82560341

    Look at 790
    You can tote your gun around encased and unloaded to your lodging or vehicle.
    Which statute grants an exemption to 790.01 (or 790.06, or 790.053) for this specific activity?

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    Regular Member 77zach's Avatar
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    Re: Carrying from Michigan to Florida while on Vacation...

    Quote Originally Posted by notalawyer View Post
    Which statute grants an exemption to 790.01 (or 790.06, or 790.053) for this specific activity?
    Haven't read the statutes in awhile. Are u implying all who fly into florida with a firearm without a CWFL do so illegally? I assume it's implied.
    “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.

  10. #10
    Regular Member 77zach's Avatar
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    Re: Carrying from Michigan to Florida while on Vacation...

    Quote Originally Posted by notalawyer View Post
    Which statute grants an exemption to 790.01 (or 790.06, or 790.053) for this specific activity?
    There is already a thread on this, years ago, now that I think about it. Search function here sucks.
    “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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    Quote Originally Posted by 77zach View Post
    Haven't read the statutes in awhile. Are u implying all who fly into florida with a firearm without a CWFL do so illegally? I assume it's implied.
    I would never make such an implication. Lots of LEO fly into Florida. Lots of licensed/permitted residents from other states with reciprocity with Florida fly into the state. In those cases, it would be legal.

  12. #12
    Regular Member 77zach's Avatar
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    Re: Carrying from Michigan to Florida while on Vacation...

    Quote Originally Posted by notalawyer View Post
    I would never make such an implication. Lots of LEO fly into Florida. Lots of licensed/permitted residents from other states with reciprocity with Florida fly into the state. In those cases, it would be legal.
    What happens with no cwfl?
    “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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    Quote Originally Posted by notalawyer View Post
    Which statute grants an exemption to 790.01 (or 790.06, or 790.053) for this specific activity?
    Wouldn't this one do?

    (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

    (l) A person traveling by private conveyance when the weapon is securely encased. . . . .


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    Quote Originally Posted by 77zach View Post
    What happens with no cwfl?
    Carrying a concealed firearm is illegal in Florida, with specific exceptions. One exception is the individual possessing a CWFL or other state reciprocal.

    Other exceptions to the prohibition of carrying a concealed firearm are listed in 790.25(3) and exclusively within a car via 790.25(5). None of which include carrying a concealed firearm from your hotel room or apartment to your car in the parking lot.

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    Quote Originally Posted by ADulay View Post
    Wouldn't this one do?

    (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

    (l) A person traveling by private conveyance when the weapon is securely encased. . . . .


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    In the car, yes, but not to/from it. (Specific attention drawn to hotel room or apartment)
    Last edited by notalawyer; 07-05-2013 at 03:38 PM.

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    Regular Member 77zach's Avatar
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    Re: Carrying from Michigan to Florida while on Vacation...

    So to the OP, possession is illegal in practice for you in FL unless you have a CWFL. I find that hard to believe so read the statutes and case law for yourself.
    “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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    Quote Originally Posted by 77zach View Post
    So to the OP, possession is illegal in practice for you in FL unless you have a CWFL. I find that hard to believe so read the statutes and case law for yourself.

    So to the OP, possession is illegal in practice for you in FL unless you have a CWFL.
    Another incorrect generalization.

    I find that hard to believe
    I can't believe the Florida Legislature did a lot of the stupid things that they have over the past forty years or so, but the fact remains they have!

    For example, thousands upon thousands of folks violate the prohibition on open carry nearly every weekend at gun shows. Why? Because the legislature failed to include an exception in 790.25(3).


    read the statutes and case law for yourself.
    This is always the proper course of action.
    Last edited by notalawyer; 07-05-2013 at 05:54 PM. Reason: typo

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    Re: Carrying from Michigan to Florida while on Vacation...

    Quote Originally Posted by notalawyer View Post

    For example, thousands upon thousands of folks violate the prohibition on open carry
    Yep. Sen Nelson was recently photographed violating the open carry ban in front of police. I was eagerly awaiting charges against him but I ended up disappointed.
    “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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    Thank you everyone for the information. Given the "wishy-washy" laws of Florida, I have decided not to bring my firearm with me. Since I am not a CPL holder - I don't want to jeopardize getting it in the future by making a dumb mistake so I can take my pistol on vacation.

    Now, if I could just be comfortable with flying out of the Flint airport without it since I won't leave it in my car while I am gone, lol.

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