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help on trip.

ziggiegreen

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Need some help. I am taking a trip to Fl. I just completed my CCW class but don't have my permit yet. In Ky I can keep my pistol loaded in my glove box, but how can I carry while traveling though Fl to the hotel. thanks for the help.
 

ziggiegreen

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Thanks for the reply. One last queston. What is the legal way to get it into a hotel room legaly. In the open or in a case?
 

brboyer

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From the car to the hotel.....:banghead:

Openly? =Misdemeanor in Florida.

In the case? = Felony in Florida without CWFL.

It's sort of a catch 22 situation. Technically there is no provision in Florida law that will allow youto move a firearm fromyour car to your hotel room without a CWFL.

I've heard at least one instance where a guy had his car parked in the street (not on his property), walked out of the house with pistol in a gun case and got into his car. A LEO was watching (why?, I have no idea) pulled him over down the road and busted him for concealed carry without a license:what:Charges were dropped, but he still took the ride.

That being said, I would keep a backpack or other small bag inside the car and then put the gun in the bag before getting out. No gun case, be discreet.

ETA: Sorry,his was busted foropen carry, not concealed.
 

Hotshot718

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Gray area where the lawmakers goofed. See, since your renting the hotel room, its legal to keep in the room, but common hallways, lobbies, etc are off limits. And its legal to keep in your car. technically, though, carting it from your car to your room is cc and could land you in trouble w/o a permit. apparently hotel and apartment dwellers weren't on the lawmakers' minds when they decided this. I'd just keep it in a suitcase and keep quiet. Chances are slim a cop will stop you mid-transport and wanna search your case and then actually charge you with unlicensed cc.
 

mbpe912

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Not true, the proper way would be to remove the mag from the firearm clear the round from the chamber. Then place the now unloaded gun it's case and securely in cased. How would you walk it into your condo if you just bought it? If you really do not want a problem do the above put a lock on the case then put the case in a back pack or something out of sight is out of mind.
 

marrandy

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The police officer was wrong. Badly so. If that is a true report. Provide a link

You are misconscruing Concealed Carry. No if's or butts about it.

If the weapon is 'securely encased' be it in a glove compartment, closed or zippered bad etc. and not on your person without a CWP, you are good to go. Think about it. How would you:-

1) Legally carry in a car
2) Take the weapon from the gun shop to the car/home
3) Take the gun to/from the range
 

Hotshot718

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mbpe912 wrote:
Not true, the proper way would be to remove the mag from the firearm clear the round from the chamber. Then place the now unloaded gun it's case and securely in cased. How would you walk it into your condo if you just bought it? If you really do not want a problem do the above put a lock on the case then put the case in a back pack or something out of sight is out of mind.
Thought you had read Gutmacher's book. See p. 94-95, it illustrates the problem with the statute. The only explicit exceptions regarding this are taking it to/fro a place of purchase or repair. But like I said, if its hidden, what are the chances a cop is gonna ask?
 

Hotshot718

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marrandy wrote:
The police officer was wrong. Badly so. If that is a true report. Provide a link

You are misconscruing Concealed Carry. No if's or butts about it.

If the weapon is 'securely encased' be it in a glove compartment, closed or zippered bad etc. and not on your person without a CWP, you are good to go. Think about it. How would you:-

1) Legally carry in a car
2) Take the weapon from the gun shop to the car/home
3) Take the gun to/from the range
I think brboyer is talking about this case:

http://opencarry.mywowbb.com/forum17/4633.html
 

brboyer

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Hotshot718 wrote:
marrandy wrote:
The police officer was wrong. Badly so. If that is a true report. Provide a link

You are misconscruing Concealed Carry. No if's or butts about it.

If the weapon is 'securely encased' be it in a glove compartment, closed or zippered bad etc. and not on your person without a CWP, you are good to go. Think about it. How would you:-

1) Legally carry in a car
2) Take the weapon from the gun shop to the car/home
3) Take the gun to/from the range
I think brboyer is talking about this case:

http://opencarry.mywowbb.com/forum17/4633.html


Yeah, that's the one. Guys gets busted for Open carry. The moment he stepped off his property onto the sidewalk, he violated the law. Very similar to the OP's situation - car to hotel room.

Florida has no provision that allowsa non-CWFL holder to transport a firearm from their home (hotel, condo, apt, etc) where it is lawful, to a vehicle (where it can also be lawful) if you must transit public/common property (sidewalk, parking lot, common area of complex) Unless you fall under one of the exceptions (going to the range, taking a newly purchased gun home, hunting/fishing, etc) See Florida Statutes 790.25


Although I can't see a 'reasonable' LEO having an issue with it. Not sure it would ever make it past a judge either, but you never know.

Imagine going to the gun show and taking a firearm to sell. Thousands of folks do this every weekend in Florida - get out of the car and start to walk to the building.:what:If it's concealed (in any way - gun case, box, bag, etc) without benefit of a CWFL, they've just committed a Felony. If it's openly visible, a misdemeanor for everyone - with or without a CWFL.

However, Legislative intent seems clear:


790.25 Lawful ownership, possession, and use of firearms and other weapons.--
(1)DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.
 

brboyer

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marrandy wrote:
Hotshot718 wrote:
I think brboyer is talking about this case:

http://opencarry.mywowbb.com/forum17/4633.html

But he said this "walked out of the house with pistol in a gun case and got into his car"

Your link says "so I unload my gun place it in a holster and carry it to my car".

So it's different.
Without a CWFL, the first one would be a Felony. The second case is a misdemeanor for everyone! (If you had to leave your own private property) Loaded, unloaded - no difference.
 

marrandy

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"Technically there is no provision in Florida law that will allow you to move a firearm from your car to your hotel room without a CWFL."

Interesting...if the car is on the hotel grounds, it's private property.

I have a concealed and carry my weapons in non-descript cases/bags anyway. As its changed from gun case, to exposed in a holster, the main part of this event is not to show your weapons when carrying to and from the car. The policeman wouldn't have seen anything.

The policemans actions were pedantic really, but the law is often imperfect. I wonder whether he was very unlucky or being watched.

I suppose that's why we all want to reduce laws and get some of our rights back.

Bottom line = google florida 790 and read and print it out if you wan to study it.
 

brboyer

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marrandy wrote:
"Technically there is no provision in Florida law that will allow you to move a firearm from your car to your hotel room without a CWFL."

Interesting...if the car is on the hotel grounds, it's private property.

I have a concealed and carry my weapons in non-descript cases/bags anyway. As its changed from gun case, to exposed in a holster, the main part of this event is not to show your weapons when carrying to and from the car. The policeman wouldn't have seen anything.

The policemans actions were pedantic really, but the law is often imperfect. I wonder whether he was very unlucky or being watched.

I suppose that's why we all want to reduce laws and get some of our rights back.

Bottom line = google florida 790 and read and print it out if you wan to study it.

Which makes no difference whatsoever.

790.25(n)A person possessing arms at his or her home or place of business;

Another one of Florida's little gotcha's. Although I believe there is case law on this one - with owner's permission. I'll try to locate it.
 
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