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Carrying from Michigan to Florida while on Vacation...

kmfirestone

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May 2, 2013
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10
Location
Howell
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*
 

Truckdriver1975

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Feb 9, 2012
Messages
56
Location
Lansing, MI
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.
 

77zach

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Marion County, FL
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.
 

notalawyer

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Jun 19, 2012
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Florida
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?
 

kmfirestone

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May 2, 2013
Messages
10
Location
Howell
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?
 

kmfirestone

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May 2, 2013
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Howell
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!
 

77zach

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Marion County, FL

77zach

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Feb 5, 2007
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Marion County, FL
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.
 

notalawyer

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Florida
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.
 

ADulay

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Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
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. . . . .


AD
 

notalawyer

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Florida
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.
 

notalawyer

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Florida
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. . . . .


AD

In the car, yes, but not to/from it. (Specific attention drawn to hotel room or apartment)
 
Last edited:

77zach

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Marion County, FL
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.
 

notalawyer

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Florida
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:

77zach

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Marion County, FL
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.
 

kmfirestone

Regular Member
Joined
May 2, 2013
Messages
10
Location
Howell
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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