http://www.handgunlaw.us/Quick question,
Can I open carry in Ga with My MO CCW permit? Going to visit in Sept, "a new grandbaby.... WA HOO".
Thanks Woody,
Hello everyone. I lived in Florida for many, many years and just recently moved to Wisconsin (Feb 07). I had a Federal Firearms License in Florida and had to keep up with just about all the firearm laws state wide and Federal. Anyway, to specifically answer the question(s) about carrying a handgun in your vehicle you CAN legally do so as stated by several members already. The handgun can be in the seat next to you as long as it is "securely encased". The law gives you several examples of what that means but the best is on the seat in a holster WITH A SNAP THAT IS SNAPPED. I attended college in Orlando, Florida and one of my instructors was the Assistant D.A. for Orange County. He brought a loaded revolver to class one night and explained the legalities of possessing and transporting the handgun. One thing you don't want to do is NEVER put it under your seat. That is not allowed and you SHOULDN'T put it in your console next to you. That is not advisable. One other thing that was mentioned in class was actually mounting a holster on the transmission hump or console and keeping the handgun there. Uh, don't do it. The reason the law specifically says "securely encased" and gives you those examples is for this reason: A person MUST make a minimum of TWO actions to get the handgun and use it. For this reason that person has to THINK of what he/she is doing and therefore made a conscious decision to use that firearm". So if you actually use the firearm and murder someone it wasn't an accident because you THOUGHT about it first by going through two actions: One, you unsnapped the holster or removed the lid, opened the glovebox, etc...and TWO you fired the weapon. This is how you can and will be charged with pre-meditated murder in the first degree (if it actually was murder). On October 1st, 2005 the Florida Castle Doctrine law went into effect. It is probably the best in the nation! I loved living in Florida with that law protecting me. Look it up. It basically says you have the legal right to defend yourself ANYWHERE you are that you have the legal right to be with up to and including lethal force against attackers against yourself or a third party and you CANNOT be charged with a crime OR sued in civil court. Now that is a great law!
OK. One more thing I have to point out that many people do NOT know about Florida firearm laws: You actually CAN open carry in Florida under certain circumstances. Think about it. If you are hunting in Florida how do you do it? How about target shooting? How about in your home? Here is the exception statute:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=-%3E2008-%3ECh0790-%3ESection%2025#0790.25
Here is part of the exception for us normal people for open carry:
[size=-1](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:
[/size][size=-1](i)A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;[/size]
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[/size][size=-1](h)A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
[/size][size=-1](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;
[/size][size=-1](k)A person firing weapons in a safe and secure indoor range for testing and target practice;
[/size][size=-1](l)A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;
[/size][size=-1](m)A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
[/size][size=-1]A person possessing arms at his or her home or place of business;[/size]
When I lived in Florida I attended gunshows all over the state. We would openly carry our handgun(s) in holsters and carry our long arms into and out of the gun show building(s) to and from our vehicles in the parking lots. This is legal in Florida and the police in Florida are VERY friendly (in my opinion) to gun owners. I never had any issues with the police and I had many interactions with them over the years professionally. So think about it, if you are traveling to or from hunting, fishing, target shooting, etc...IAW the above statute you CAN openly wear your handgun in your vehicle. I did it for over 8 years when I lived in Plant City, Florida to and from the shooting range in Lakeland. I had five neighbors who were all police officers and they all knew I was the "gun nut" of the neighborhood. Hope this helps and sorry for such a long post!
P.S. [size=-1]790.053 Open carrying of weapons is a second class misdemeanor in Florida except as stated in the exception statute above.[/size]
:celebrate
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I intend no animosity to you personally but I do take exception to the contention/implication that Florida allows OC in any truly reasonable fashion.On the seat next to you in a snapped holster, a box with a lid on it, a gun case, etc...as described in the statute is 100% legal and practiced by hundreds of thousands of Floridians daily. Walk into some businesses in Florida and all the employees are openly armed, especially Chinese takeout restaurants. On the concealed side of the equation in Tampa there are more concealed carry licenses than the entire state of Kalifornia. If you are camping, hunting or out in the open as described in the exceptions statute for open carry you can indeed legally open carry and believe it or not the police rarely and I mean rarely stop you and ask questions. I always wore my Glock openly in my home, at the range to and from camping and during camping and never had any issues with the police or anyone else. Putting the gun under the seat is not in the statute and it is possible that you would get at least a ticket for it. Also in Florida you can legally open carry a defensive electric stun gun or mace of your choice. Unlike Wisconsin if you even HAD an electric stun gun you have committed a felony. Seems to me Florida is much more gun friendly than many other states including Wisconsin. Simply because you cannot always open carry doesn't mean the second amendment isn't supported. The CCW will be issued to you as long as you are not a criminal or mentally defective or have a domestic violence order against you. As for printing who wants to show anyone they are carrying a concealed firearm? I don't know of any anti-printing statute in Florida's laws but there may be one that I have not run across.
As for the Assistant D.A. with a loaded gun so what? You speak of practicing open carry and you want people to respect you but you won't respect a law enforcement official? In Florida as in many states judges, d.a.'s and police practice concealed carry and actually do get to the range to know their gun and their own limitations. I fail to understand your logic that if the d.a. brings a loaded gun to class you are "out of there" but it is OK to open carry a loaded gun? In Utah and one other state...Colorado I think...you can legally wear a concealed gun in college classes. Knowing that would a person never go to class in fear that someone has a firearm? The paranoia about firearms is just that...paranoia. I grew up with firearms since I could crawl and took care of all the guns my father owned. Most were rifles and quite a few shotguns and they all ended up in gun racks in my bedroom. My father had an old Colt .41 revolver, a S&W airforce survival revolver and a Beretta .25 auto that I also took care of. My brother and sister and I shot frequently with me shooting quite a bit more than they. We never had any accidents or ever handled the guns irresponsibly. Why? Because we were raised with guns and respected their capability and knew how to handle them. When I see people look at my gun while I open carry often times their eyes turn to saucers and I can see the irrational fear they have. The left wing media, teachers and others have pushed the gun paranoia so far that many, many people have an irrational fear that the gun is going to get up and start shooting all by itself. That is just crazy.
Yep, been there done that. I was an academy instructor for years. Got my wall of glory too, but packed 'em and boxed 'em.snip....
As for loaded firearms in classrooms? Doesn't bother me a bit. Ever been to the police academy?
Cant open carry in GA. I wish we could open carry everywhere in every state. Everybody would know who the good guys are. Great deterrent for the bad guys
The above is inadequate - no cites and "common sense" will get you in trouble - know the law.If you dont have a CCW permit, you can carry the gun anywhere where it is not in plane site. The old rules you had two or three move to get to it is BS. As long as its not in plane site. Glove box, concole, under the seat its all legal. No open carry. I work with alot of FL Law enforcement and they dont get down on the printing issues. As lone as your not showing the gun its good. We know somethings under the shirt but it legal. Just dont carry a 44 mag with 8" barrel under a tee shirt, that might be considered brandishing your gun. Use common sense. If your really want to carry, get a CCW. Alone with that right hopefully common sense and responsibility and actability will all go hand in hand. Theres alot more to just be able to carry a weapon concealed. Keep a clear state of mind, understand what YOU think is going on, practice ALOT and understand the consequences that can result from your actions
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.