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Posted: 6/16/2022 7:44:58 PM EDT
Can I drive around all over Florida with a loaded rifle in my car if I move there? I always thought if I left my home state it was a given but apparently lots of states have laws related to hunting and so forth prohibiting this practice
Link Posted: 6/16/2022 9:26:28 PM EDT
[Last Edit: Pallas] [#1]
You cannot have a loaded rifle in your vehicle in FL. I don't know if the trunk is considered "in your vehicle." I've never figured out if they consider a loaded mag, empty chamber loaded.
Link Posted: 6/16/2022 9:32:48 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Pallas:
You cannot have a loaded rifle in your vehicle in FL. I don't know if the trunk is considered "in your vehicle." I've never figured out if they consider a loaded mag, empty chamber loaded.
View Quote
Can you cite the statute?
Link Posted: 6/16/2022 10:34:58 PM EDT
[#3]
Trunk or Truck????
Link Posted: 6/16/2022 10:35:50 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Pallas:
You cannot have a loaded rifle in your vehicle in FL. I don't know if the trunk is considered "in your vehicle." I've never figured out if they consider a loaded mag, empty chamber loaded.
View Quote


I'm in trouble.
Link Posted: 6/16/2022 11:45:28 PM EDT
[#5]
Link Posted: 6/17/2022 1:47:14 AM EDT
[#6]
Link Posted: 6/17/2022 7:19:02 AM EDT
[#7]
Oh boy......
Link Posted: 6/17/2022 8:29:30 AM EDT
[#8]
Best check that imaginary statute again....................the written one sorta claims you can have one anywhere in a MV.
Link Posted: 6/17/2022 8:30:11 AM EDT
[#9]
Best check that imaginary statute again....................the written one sorta claims you can have one anywhere in a MV.
Link Posted: 6/17/2022 8:35:24 AM EDT
[#10]
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Originally Posted By dogrunner:
Best check that imaginary statute again....................the written one sorta claims you can have one anywhere in a MV.
View Quote
Correct on a long gun.

On a pistol, you have to follow "securely encased" unless you have a CWP.

But in either case, they can be loaded.  You can have a loaded rifle in the rear window rack if you want. However, hunting regulations must be observed.


Link Posted: 6/17/2022 11:21:22 AM EDT
[#11]
Florida Statute 790.25(5)

www.leg.state.fl us
Link Posted: 6/17/2022 5:02:54 PM EDT
[Last Edit: casktcrw] [#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By kissfan:
Correct on a long gun.

On a pistol, you have to follow "securely encased" unless you have a CWP.

But in either case, they can be loaded.  You can have a loaded rifle in the rear window rack if you want. However, hunting regulations must be observed.


View Quote


Does hunting regulation limit where I can go in my car with a loaded rifle?

Any rule against leaving it in there overnight? I always kind of picture and just having a gun that lives in the trunk. I'm sure I would set it up so it's discreet and not obvious when you go in the trunk
Link Posted: 6/17/2022 5:12:24 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:


Does hunting regulation limit where I can go in my car with a loaded rifle?

Any rule against leaving it in there overnight? I always kind of picture and just having a gun that lives in the trunk. I'm sure I would set it up so it's discreet and not obvious when you go in the trunk
View Quote

As for the hunting regulation...  nothing I can find.  But something is scratching my brain saying there is/was a regulation about loaded rifles while hunting.  I may be mistaken (someone will correct me)... I was wrong one time before.

Anywhere it's legal to have the firearm, it's legal to leave it in the vehicle.  Whether that's a good idea is up to you.  There are a ton of firearm thefts in Florida from vehicles.
Link Posted: 6/17/2022 5:36:57 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:


Does hunting regulation limit where I can go in my car with a loaded rifle?

Any rule against leaving it in there overnight? I always kind of picture and just having a gun that lives in the trunk. I'm sure I would set it up so it's discreet and not obvious when you go in the trunk
View Quote


Just common sense.  Methheads love stealing shit out of cars, especially guns.
Link Posted: 6/18/2022 9:42:59 AM EDT
[#15]
Go read FSS 790.  This will answer your questions. Don’t come to the WWW for legal information.

Daniel
Link Posted: 6/18/2022 4:44:19 PM EDT
[Last Edit: PR361] [#16]
(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.
History.—s. 1, ch. 65-410; s. 32, ch. 69-216; s. 32, ch. 73-334; s. 2, ch. 77-302; s. 2, ch. 82-131; s. 15, ch. 83-167; ss. 45, 49, ch. 83-334; s. 32, ch. 84-258; s. 68, ch. 85-62; s. 5, ch. 85-332; s. 15, ch. 87-274; s. 2, ch. 87-537; s. 1, ch. 89-60; s. 8, ch. 90-364; s. 1, ch. 93-269; s. 7, ch. 93-416; s. 89, ch. 95-211; s. 1218, ch. 97-102; s. 110, ch. 2006-1; s. 2, ch. 2006-103; s. 1, ch. 2019-77.
1Note.—Repealed by s. 3, ch. 72-133.
Copyright © 1995-2022 The Florida Legislature • Privacy Statement • Contact Us
Link Posted: 6/18/2022 5:18:20 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By kissfan:

As for the hunting regulation...  nothing I can find.  But something is scratching my brain saying there is/was a regulation about loaded rifles while hunting.  I may be mistaken (someone will correct me)... I was wrong one time before.

Anywhere it's legal to have the firearm, it's legal to leave it in the vehicle.  Whether that's a good idea is up to you.  There are a ton of firearm thefts in Florida from vehicles.
View Quote



I too seem to remember a hunting regulation requiring rifles in moving vehicles to be encased and unloaded. My supposition is that this was added as a hunting regulation for one season ( I remember reading it and arguing with a friend over it, he doesn't even own a case), I think they were advised that their regulation was superseded by statute and removed it the subsequent season.

But that's just my take on it, there's no such regulation now that I'm aware of.
Link Posted: 6/18/2022 5:37:09 PM EDT
[#18]
Please for the love of God don't leave loaded guns or any guns in your car while you are not in it unless you have done something to secure them. You would not believe the number of stolen firearms that get in the wrong hands this way.....window smash or just unlocked doors most of the time. Its ridiculous the number of guns that get in criminal hands this way.....sure you got rights but being a idiot doesnt help make the world a safer place.
Link Posted: 6/18/2022 6:21:11 PM EDT
[Last Edit: Pallas] [#19]
That’s wonderful news, I am glad I was wrong. Thank you PR361.
Link Posted: 6/18/2022 6:23:37 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SGB:
............. You know he can't
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SGB:
Originally Posted By kissfan:
Can you cite the statute?
............. You know he can't


Or you could have just been helpful and posted the information showing I was wrong and correcting me.
Link Posted: 6/18/2022 7:22:35 PM EDT
[#21]
Link Posted: 6/18/2022 7:35:42 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SGB:



.....................Or you could have read this pinned at the top of the Forum  FL Concealed Weapons License, Firearm, Carry, Car Carry Resident/Non-Resident FAQ UPDATED 10-30-19
View Quote



This seems to contradict the above quote:

"Encased or not readily accesible" or whatever. Trunk is not readily accessible. And i'd stash it somehow so it isnt obvious its there.
Link Posted: 6/18/2022 7:37:51 PM EDT
[Last Edit: casktcrw] [#23]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Aikibiker:


Just common sense.  Methheads love stealing shit out of cars, especially guns.
View Quote


U guys got a lot of methheads, do you? Idk where else to go now that RI is banning normal mags. Georgia sounds boring, as do carolinas, and i dont want to live in a desert someplace or in a city hundreds of miles from anything
Link Posted: 6/18/2022 8:53:11 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:


U guys got a lot of methheads, do you? Idk where else to go now that RI is banning normal mags. Georgia sounds boring, as do carolinas, and i dont want to live in a desert someplace or in a city hundreds of miles from anything
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:
Originally Posted By Aikibiker:


Just common sense.  Methheads love stealing shit out of cars, especially guns.


U guys got a lot of methheads, do you? Idk where else to go now that RI is banning normal mags. Georgia sounds boring, as do carolinas, and i dont want to live in a desert someplace or in a city hundreds of miles from anything


It's terrible down here just go ahead and stay up north.
Link Posted: 6/18/2022 9:41:32 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Saber7:


It's terrible down here just go ahead and stay up north.
View Quote


Link Posted: 6/18/2022 9:42:47 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Saber7:


It's terrible down here just go ahead and stay up north.
View Quote


Yeh, we have to mow year round.

Link Posted: 6/18/2022 10:28:19 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:



This seems to contradict the above quote:

"Encased or not readily accesible" or whatever. Trunk is not readily accessible. And i'd stash it somehow so it isnt obvious its there.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:
Originally Posted By SGB:



.....................Or you could have read this pinned at the top of the Forum  FL Concealed Weapons License, Firearm, Carry, Car Carry Resident/Non-Resident FAQ UPDATED 10-30-19



This seems to contradict the above quote:

"Encased or not readily accesible" or whatever. Trunk is not readily accessible. And i'd stash it somehow so it isnt obvious its there.


HANDGUNS must be securely encased and not readily accessible, unless you have a CCW.

Long guns are not required to be encased.
Link Posted: 6/18/2022 10:41:24 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By deputygadget:
Please for the love of God don't leave loaded guns or any guns in your car while you are not in it unless you have done something to secure them. You would not believe the number of stolen firearms that get in the wrong hands this way.....window smash or just unlocked doors most of the time. Its ridiculous the number of guns that get in criminal hands this way.....sure you got rights but being a idiot doesnt help make the world a safer place.
View Quote



So true.  

Link Posted: 6/19/2022 12:53:47 PM EDT
[Last Edit: casktcrw] [#29]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By PR361:


HANDGUNS must be securely encased and not readily accessible, unless you have a CCW.

Long guns are not required to be encased.
View Quote


Handgun stays in my waist.
I'm pretty sure it Has to be encased OR not readily available not encased AND not readily available
Otherwise how the hell is the glove box OK

I cannot just stay up north while they vote my guns out of legality. I'm not confident enough to be seen rocking a ten rounder in my AR lol
Link Posted: 6/19/2022 7:47:15 PM EDT
[#30]
Im looking at average temp profiles, and past chatlotte average highs in summer are same thru to miami, the winters just get warner farther south you go
Link Posted: 6/19/2022 7:51:47 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By deputygadget:
Please for the love of God don't leave loaded guns or any guns in your car while you are not in it unless you have done something to secure them. You would not believe the number of stolen firearms that get in the wrong hands this way.....window smash or just unlocked doors most of the time. Its ridiculous the number of guns that get in criminal hands this way.....sure you got rights but being a idiot doesnt help make the world a safer place.
View Quote



Yep been alot of that in the gainesville area lately....
Link Posted: 6/19/2022 8:03:32 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:


Handgun stays in my waist.
I'm pretty sure it Has to be encased OR not readily available not encased AND not readily available
Otherwise how the hell is the glove box OK

I cannot just stay up north while they vote my guns out of legality. I'm not confident enough to be seen rocking a ten rounder in my AR lol
View Quote
If you have your CWP, securely encased/not readily available does not apply.

The glove box, as well as center console, work because you must open a lid to get to them. That's the way it works.

To carry the way you want, you'll need your permit.
Link Posted: 6/26/2022 9:07:54 AM EDT
[#33]
Don't listen to anyone who's spent less than 100K on their legal education.... and only half of those people know what they're talking about.

Florida law doesn't distinguish between loaded and unloaded in this context.
If you get a non-resident CWP you can legally ride around with a pile of loaded ARs on the seat next to you, although it's not a particularly good idea.
Without a CWP you can have a gun in your vehicle (car, boat, aircraft,etc)  "securely encased" , meaning inside a case or container that encloses the gun so it isn't "readily acceptable"

Best option is to get a Florida CWP so you aren't depending on anyone's misconceptions about the law, including LEOs who are the source of many popular but incorrect beliefs about Florida gun law.  
Being right and winning a legal battle is surprisingly similar to losing, so just avoid it.
Link Posted: 6/26/2022 10:11:29 AM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By itsnotpersonal:
Don't listen to anyone who's spent less than 100K on their legal education.... and only half of those people know what they're talking about.

Florida law doesn't distinguish between loaded and unloaded in this context.
If you get a non-resident CWP you can legally ride around with a pile of loaded ARs on the seat next to you, although it's not a particularly good idea.
Without a CWP you can have a gun in your vehicle (car, boat, aircraft,etc)  "securely encased" , meaning inside a case or container that encloses the gun so it isn't "readily acceptable"

Best option is to get a Florida CWP so you aren't depending on anyone's misconceptions about the law, including LEOs who are the source of many popular but incorrect beliefs about Florida gun law.  
Being right and winning a legal battle is surprisingly similar to losing, so just avoid it.
View Quote

Just to expand on this post, a break action holster meets the definition of "securely encased"
Link Posted: 6/29/2022 1:22:22 PM EDT
[#35]
Yes you can.
Link Posted: 6/29/2022 1:46:54 PM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By itsnotpersonal:
Florida law doesn't distinguish between loaded and unloaded in this context.

If you get a non-resident CWP you can legally ride around with a pile of loaded ARs on the seat next to you, although it's not a particularly good idea.
Without a CWP you can have a gun in your vehicle (car, boat, aircraft,etc)  "securely encased" , meaning inside a case or container that encloses the gun so it isn't "readily acceptable"
View Quote


It's "accessible" not "acceptable". Typo or spell check perhaps...

You can legally ride around with a pile of loaded AR15's on your seat next to you w/o having a CWP.

Florida case law does addresses this as does loaded vs. unloaded and how it relates to "readily accessible for immediate use".


Link Posted: 6/29/2022 2:39:08 PM EDT
[Last Edit: Iamhere] [#37]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bowhntr6pt:




You can legally ride around with a pile of loaded AR15's on your seat next to you w/o having a CWP.




View Quote

Cased or uncased? Thanks for helping us all the time.
Link Posted: 6/29/2022 3:02:18 PM EDT
[Last Edit: Bowhntr6pt] [#38]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Iamhere:

Cased or uncased? Thanks for helping us all the time.
View Quote


Does not matter.

The courts have ruled that due to the size and cumbersome nature of using a long gun within the confines and tight space of a MV's interior, long guns are therefore determined not to be "readily accessible for immediate use" consistent with Legislative Intent.

SBR's have yet to be presented before the court.

ETA- this is why you see long guns uncased and hanging in the back window of a PU truck.
Link Posted: 7/15/2022 3:39:58 PM EDT
[#39]
As mentioned above, it is perfectly legal to carry a long gun anywhere in the vehicle, loaded or not and cased or not. Doesn’t mean it’s wise though. Please be responsible in you securing of firearms in vehicles, way too many get stolen, often out of unlocked vehicles.
Link Posted: 7/16/2022 9:59:51 AM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Pallas:
You cannot have a loaded rifle in your vehicle in FL. I don't know if the trunk is considered "in your vehicle." I've never figured out if they consider a loaded mag, empty chamber loaded.
View Quote

WTF?
Link Posted: 7/16/2022 10:02:35 AM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:


Does hunting regulation limit where I can go in my car with a loaded rifle?

Any rule against leaving it in there overnight? I always kind of picture and just having a gun that lives in the trunk. I'm sure I would set it up so it's discreet and not obvious when you go in the trunk
View Quote

Cities, towns, highways: NO.   Some military bases, wildlife conservation areas: YES.
Leaving it in overnight is a good recipe for it being solen.
Link Posted: 7/16/2022 10:05:57 AM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By casktcrw:


Handgun stays in my waist.
I'm pretty sure it Has to be encased OR not readily available not encased AND not readily available
Otherwise how the hell is the glove box OK

I cannot just stay up north while they vote my guns out of legality. I'm not confident enough to be seen rocking a ten rounder in my AR lol
View Quote

So, you would rather run away than stay and fight.  Why do you think we would want your kind in Florida?
By fight I mean be a community organizer, run for public office, knock on doors, etc.
Link Posted: 7/16/2022 11:28:00 AM EDT
[#43]
Choo Choo Train ran off the rails in this thread.

Too many 12 year olds.
Link Posted: 7/16/2022 11:44:22 AM EDT
[Last Edit: Bowhntr6pt] [#44]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By gunnut284:
Please be responsible in you securing of firearms in vehicles, way too many get stolen, often out of unlocked vehicles.
View Quote


Full Metal Jacket - No Thievery in this World!
Link Posted: 7/16/2022 10:18:57 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bowhntr6pt:


https://www.youtube.com/watch?v=SHDrOxhYgp0
View Quote



My man….LOL!
Link Posted: 7/17/2022 10:55:43 PM EDT
[#46]
Good information!
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