Guns in the trunk.


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The-Reaver
January 18, 2011, 08:18 PM
I live in Florida and every where I go I have my " get home bag " in this get home bag I have a pistol ( unloaded ) and some various supplies.
My question is " is it illegal to do that? and if its not would it be illegal to put it say, in the front seat? " :o

Or have I been breaking the law and need to stop? :eek:

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mickeygrimreaperblueeyes
January 18, 2011, 08:23 PM
Peaceable Journey Law/ Federal End

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 44 - FIREARMS

-HEAD-

Sec. 926A. Interstate transportation of firearms

-STATUTE-

Notwithstanding any other provision of any law or any rule or

regulation of a State or any political subdivision thereof, any

person who is not otherwise prohibited by this chapter from

transporting, shipping, or receiving a firearm shall be entitled to

transport a firearm for any lawful purpose from any place where he

may lawfully possess and carry such firearm to any other place

where he may lawfully possess and carry such firearm if, during

such transportation the firearm is unloaded, and neither the

firearm nor any ammunition being transported is readily accessible

or is directly accessible from the passenger compartment of such

transporting vehicle: Provided, That in the case of a vehicle

without a compartment separate from the driver's compartment the

firearm or ammunition shall be contained in a locked container

other than the glove compartment or console.

The-Reaver
January 18, 2011, 08:33 PM
So im retarded, what does all that political mumbo mean?

Der Stro
January 18, 2011, 08:51 PM
Notwithstanding any other provision of any law or any rule or

regulation of a State or any political subdivision thereof, any

person who is not otherwise prohibited by this chapter from

transporting, shipping, or receiving a firearm

As long as you're legally allowed to have your firearm, and where you are going to/coming from allow firearms...

shall be entitled to

transport a firearm for any lawful purpose from any place where he

may lawfully possess and carry such firearm to any other place

where he may lawfully possess and carry such firearm if, during

such transportation the firearm is unloaded, and neither the

firearm nor any ammunition being transported is readily accessible

or is directly accessible from the passenger compartment of such

transporting vehicle:

...You may have your weapon in your car as long as neither it nor ammunition is readily available, and it is unloaded

Provided, That in the case of a vehicle

without a compartment separate from the driver's compartment the

firearm or ammunition shall be contained in a locked container

You may keep it in the trunk, if you don't have a trunk and it is in the same compartment as you, it must be in a locked container.


I feel like I hit all the key points.

The-Reaver
January 18, 2011, 09:05 PM
Awesome thanks.

nalioth
January 18, 2011, 09:13 PM
Keep in mind that the law quoted is the Federal law for interstate travel.

It is not state law, which will answer your "I live in Florida" & "Can I keep it on the front seat?" question.

357_
January 18, 2011, 09:21 PM
If you are interested in carrying across state lines I've found HandgunLaws (http://handgunlaw.us/) to be invaluable!

Personally, I'd suggest getting a Florida CWL (Concealed Weapon Licence aka CCW permit)

From what I've read it requires:
-$117 for the application
-Firearms class ($25-150) or dd-214
-Finger Print Card (Electronic is fastest and $44.95)
-Passport quality photo (Wal-Mart $7.00)
-Signed oath that you read Florida State Statute 790 which is in the packet which you can request HERE (http://licgweb.doacs.state.fl.us/FORMS/FormsRequest790.html)
-The entire packet must be notarized

The permit is good for 7years and takes 90days. The good news is they are shall issue and valid in 33 states as a resident or 31 for non-resident.

Hope that helps and always you should check the laws yourself or consult a lawyer for the best advice!

~Edit~ Seems like $200 is a lot of money, but over the course of 7years you're looking at $30 a year. That is pretty cheap as opposed to court, bail, fine and lawyer fees. Not to mention the likely loss of your gun(s) and any civil court costs you could encounter in the worse case scenarios.

kingpin008
January 18, 2011, 09:42 PM
Guys, the OP is talking about transporting a handgun in his car within the state of Florida. The Peaceable Journey law quooted by MickeyGrimReaper is 100% inapplicable, since it's Federal (not state) law, and applies to interstate (not intrastate) carry of firearms.

What you need to do is research FLORIDA law. I suggest starting at handgunlaw.us and going from there.

brboyer
January 18, 2011, 11:02 PM
Perfectly legal to keep a firearm (loaded, unloaded, however you want) in your trunk, glove-box, center console, etc. CWFL not required.

790.25(3) LAWFUL USES. — The provisions of ss. 790.053 [Prohibition on Open Carry] and 790.06 [Law requiring a license to carry a concelaed firearm/weapon] 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
. . .

790.25(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 [Law prohibiting carrying of concealed firearms/weapons] 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.
. . .

790.001 Definitions. — As used in this chapter, except where the context otherwise requires:
. . .
(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.
. . .

Frank Ettin
January 18, 2011, 11:22 PM
And of course the ultimate resolution would be to get a Florida CCW.

pikid89
January 18, 2011, 11:49 PM
Within the sate of florida-
w/o ccw--- a long gun can be transported loaded or unloaded wherever you want...ceiling rack, window rack, crack in the seat, on the dashboard, whatever
a handgun may be loaded but CANNOT BE IMMEDIATLY ACCESSABLE. Read that however you wish but from what i can tell, basically you can keep it loaded in a zipped bag or a box with a lid or your glove box or center console. Some lawyers i have read (FL handgun laws book) have interpreted not immediatly accessable as a holster with a snap or other retention on it, but they are not the lawmakers and YMMV.

now if you do have your FL CCW, than you can put your handgun wherever you want in whatever condition you want it in.

Art Eatman
January 19, 2011, 08:13 AM
Post #9 oughta be clear enough...

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