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Traveling to Florida... should I carry my gun?

Saint

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I am going to be visting family in florida in early January. I am 19 years old, am working on obtaining a CC permit from Maine, and carry open in Idaho about 90% of the time.

So my question is... Should I even bother to bring the gun with me to Florida? Does Maine have reciprocity or is there some way in which i could carry without a permit (i.e. Utah style, no mag in gun, in a locked case... etc)

I don't like the thought of being without my weapon but I also don't want to get into a fight with officers from a state who's laws i'm not familer with. Any thoughts?
 

giblackjack

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well, for starters, open carry is prohibited here in FL, and CC holders must be 21 years of age to carry concealed. As far as carrying in a locked case, etc. I don't think that's permitted unless you're carrying your gun to/from hunting, fishing, camping, or a target range.

However, because I'm not a legal authority, and my knowledge is not 100% regarding this issue, I encourage you to look over Florida Statute 790 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm

good luck, and hopefully someone else might be able to spread more light on the issue for you.
 

ChronoSphere

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I think you would be able to keep a gun in the glovebox of your car, but you will not be able to carry. Even if you had your ccw in another state that FL has reciprocity with, FL law about only carrying if you're 21 would still apply. You cannot open carry in FL, and carrying it in a case with you around would be considered concealed.
 

JimMullinsWVCDL

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Here's what I wrote on another thread:

Pursuant to Florida Statute §790.015, Florida only recognizes licenses issued to residents of reciprocal states who are at least 21 years old. However, under §790.25(5), a person who is at least 18 years old may carry a "securely encased" firearm in a vehicle without a license. According to the Florida Department of Agriculture & Consumer Services (Florida's CCW licensing agency) (FAQ #6 on the Florida reciprocity page:

I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options?
Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

Section 790.25(5), which deals specifically with possession in a private conveyance states that "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." (Emphasis added.)

Section 790.001(17) defines the term "securely encased" to mean "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."

So, while you cannot carry the weapon on your person, you can at least have it nearby in your vehicle while traveling.

You should bear in mind that unlawfully carrying a concealed firearm in Florida is a felony under §790.01(2) and open carry is unlawful under §790.053. With the exception of legal, "securely encased" car carry, you have no means of legally carrying a gun in Florida until you are 21 years old.
 

Saint

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Ok so if I am undestanding right, I can carry my handgun in the car with me so long as it is (at minimum) kept in either the glove box or in some type of hard holster. Does the gun have to be unloaded? (By loaded I mean mag in the gun and round in the chamber)

If it needs to be unloaded, does that mean that i can keep the mag in the gun if the chamber is empty or do i need to remove the mag as well?

Finally, if I do have to carry unloaded, does Florida have any statutes regarding carrying ammunition in a vehicle or about my person assuming that my gun is secured in a holster or in my glove box?

Thanks for the help everyone!
 

giblackjack

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I've never heard of having to keep the gun unloaded while in the car, as described in posts above. If I remember correctly, the reason for that is that a number of years ago, there was some car-jacking or kidnapping from a car (don't remember exactly what), so the state passed legislation to allow gun owners to carry loaded weapons in vehicle's glove compartments so that your ordinary citizen could fight back if the situation ever arose again.
 

captainamerica

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There's a lot of real estate between Maine and Florida if your driving. I'd say yes but know the rules on CCW and OC before traveling. I take a handgun everywhere I go and always put it in my room/tent with me at night; even if daytime driving/carrying is not an option. But do check the laws.
 

kcrom

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Don't make it up just read the Law.

Title XLVI CRIMES Chapter 790 WEAPONS AND FIREARMS 790.25 Lawful ownership, possession, and use of firearms and other weapons.--


(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.
 

Wulirider

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Reading on Fl. carry in vehicle, note that regs keep referring to "other than handgun" which means does not apply to handguns.

Could someone clarify why handguns are excluded in Fl law statures or that is how I read it
790.25 Lawful ownership, possession, and use of firearms and other weapons.--

(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.
Thanks
Noel
 

brboyer

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Wulirider wrote:
Reading on Fl. carry in vehicle, note that regs keep referring to "other than handgun" which means does not apply to handguns.

Could someone clarify why handguns are excluded in Fl law statures or that is how I read it
790.25 Lawful ownership, possession, and use of firearms and other weapons.--

(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.
Thanks
Noel

Handgun (without CWFL)- must be Securely Encased OR not Readily Available for Immediate Use ()

Long Gun - You can have it anywhere in any condition. I drive around with my AR in my lap.:cool:



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.
 

JimMullinsWVCDL

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Wulirider wrote:
Reading on Fl. carry in vehicle, note that regs keep referring to "other than handgun" which means does not apply to handguns.

Could someone clarify why handguns are excluded in Fl law statures or that is how I read it
790.25 Lawful ownership, possession, and use of firearms and other weapons.--

(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.
Thanks
Noel
Read each sentence separately. Handguns must be "securely encased" as defined in Fla. Stat. § 790.001(17) and not concealed on the person, unless the person has a concealed weapon license. Long guns transported for a legal purpose need not be "securely encased."
 

Wulirider

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Thanks for your insights to the reading of the statute.

I travel with a 9mm in a case, and carry concealed when walking, no license, just a natural 2nd Amendment action, as travel all over America visiting.

Often carry my shotgun pump too, in rear in a case.

thanks again
Noel
 

brboyer

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Wulirider wrote:
Thanks for your insights to the reading of the statute.

I travel with a 9mm in a case, and carry concealed when walking, no license, just a natural 2nd Amendment action, as travel all over America visiting.

Often carry my shotgun pump too, in rear in a case.

thanks again
Noel
Felony in Florida...Just an FYI.
 

Grapeshot

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brboyer wrote:
Wulirider wrote:
Thanks for your insights to the reading of the statute.

I travel with a 9mm in a case, and carry concealed when walking, no license, just a natural 2nd Amendment action, as travel all over America visiting.

Often carry my shotgun pump too, in rear in a case.

thanks again
Noel
Felony in Florida...Just an FYI.
As it would be an illegal act in 48 states + D.C.

Why not OC where legal? That is what this forum is about.

Yata hey
 

Wulirider

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I have thought about that, felony in Fl, and elsewhere.

I chagrin to know others feel my personal responsibility to myself, family and friends, to defend and protect is considered a crime, when circumstances, situations do arise where self defense is necessary; but I, without my firearm, left in the car or at home,---because of a law---does not protect me in said same situation.

I will continue to carry here and anywhere as a natural right to self defense, knowing I am a man of sound mind and body and self responsible.

Maybe even Florida, will move toward recognition of the true meaning of the 2nd Amendment, not in 'making it a law' but recognizing the right of any individual, at any time, that "...the right to keep and bear arms shall not be infringed."

That is a natural right of self preservation. I really do not see any words in the phase quoted that abdicate any of my self responsible behavior to another who is not present when harm comes my way outside my home or office.

As a side note, it seems only in government controlled places, government schools, airports or planes, courtrooms, where the private citizen is disarmed, does the criminal with impunity seem to get away with murder.

No, defending myself at home, work or out in the world, in neither of the three instances mentioned just mentioned, do I surrender my right to self defense.

You asked, I tried to explain: self responsible behavior does not decrease just because another person or group makes self responsible behavior illegal. Explain to me how a thug attacking you in the streets, attempting to rape your daughter in the alley, should get away with such behavior, when if tried in the house or your office, you would---or she would (my daughter) shoot him dead. I will do the same---and she would, in the alley, with the same reasoning as if the criminal tried to do so in my house or vehicle!

Liberty has a price and making self defense a felony does not negate the natural right to defend yourself or family at home, work or the world.

Sincerely
N
 

Grapeshot

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I understand fully the 2nd Amendment and what it should mean to all people and I comprehend the need to defend one self whereever and whenever the need might arise. I'll not argue those points.

What I would hate to see happen is that you could loose your RKBA permanently through circumstances not of your choosing. Were the STHF one night, you might claim the doctrine of lesser evils as your defense but I would not wish to bet my future on it. What good are you to family and friends while you are incarserated?

Principles are better defended by an activist outside the walls and razor wire than from within them.

Better to OC where you can, have a permit for times you cannot and join the struggle to restore fully our rights under the 2nd Amendment.

Yata hey
 

Grapeshot

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woodyga wrote:
I posted a few questions in officer.com about fss 790.25. Got some interesting repsonces.

here's the link to the thread.

http://forums.officer.com/forums/showthread.php?t=120401


enjoy Woody,
Welcome to our world - hope you enjoy and stay a spell.

Interesting link and conversation, though I have to admit very few of us here would take a LEO's response as gospel. Not knocking LEOs when I say that either. There are some well intentioned that are simply misinformed and there are a few bad apples.

Overall, I think it depends on the departmental leadership, their attitudes and current training. Most LEOs are good, responsible and hard working. Still what Officer Leo tells you won't help you in court.

Better to do your own research and come to your own conclusions. This forum, maps and links will start you in the right direction.

Yata hey
 

woodyga

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Thanks Grapeshot

I concur, I wont take their opinions as gospel. There were a few rouges in there that wanted to prone me out. I believe I opened a can of worms for them. Most FL LEO's were unaware of the statute. Now there going oh S%^t Im gonna have a bunch of cowboys fishing from my piers. Causing them a bunch of paperwork.
I thought it was interesting though.

I have a MO CCW. I have open carried a few times in my home town of Jackson. I have kids/grandkids that live in GA were open carry is legal with a GFL. So hence my interest in open carry in Fl, they live right at the state line between GA and FL.

Woody,
 

Grapeshot

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woodyga wrote:
Thanks Grapeshot

I concur, I wont take their opinions as gospel. There were a few rouges in there that wanted to prone me out. I believe I opened a can of worms for them. Most FL LEO's were unaware of the statute. Now there going oh S%^t Im gonna have a bunch of cowboys fishing from my piers. Causing them a bunch of paperwork.
I thought it was interesting though.

I have a MO CCW. I have open carried a few times in my home town of Jackson. I have kids/grandkids that live in GA were open carry is legal with a GFL. So hence my interest in open carry in Fl, they live right at the state line between GA and FL.

Woody,
There are a few other threads on OCing fishing in Florida.

http://opencarry.mywowbb.com/view_topic.php?id=20492&forum_id=17&highlight=oc+fishing+florida

Use the forum search button up top for "OC fishing Florida."

Yata hey
 
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