Carrying a rifle in public? - Florida

[Diggers]

+1 for leaving the rifle at home.

At the very least you will attract a whole lot of attention to yourself and ruin your trip. You can look at the vehicle code for FL, to see what the definition of a vehicle is and if a bike falls into that. In my state a bike isn't a vehicle so carrying a rifle on it would be basically the same as just slinging it over my shoulder and walking around. How would that look to law enforcement in your state?

Another issue to think about is with the number of LEO's killed in your state already, just this year, the police are going to be VERY touchy when they see a person with a firearm. This could lead to a situation where guns are pointed at YOU. Best to avoid that.

BTW...hunting? What can you hunt in southern FL in the summer? I don't know FL's fish and game code but in most places hunting isn't something that can really be done as you go along on a bike trip, just too many restrictions on where, when and how a person can hunt. This would be another reason for law enforcement to contact you just to see if you are following the F&G laws for your area which could lead into a lot of other things.

Sounds like a big can of worms to me.

 

[TX1911fan]

If you were on land where use of a firearm is permitted, hunting varmints is usually always ok, but you'd have to check local law. You could go with a broken down long gun that fit in a pack and was unobtrusive, but that may defeat the purpose for self defense. I'm thinking of a lever gun that can be broken in two parts, or a shotgun with the barrel off, etc.

 

[thorn726]

sounds like if you locked it in the bag and kept it empty you'd be ok, only load when in the woods./.. A friend carried an M1 through 1/2 mile of San Francisco without hassle, it was quite legal but they had no ammo at all. (parked outside a gun show lot so had to carry it through some neighborhoods, he had his girlfriend carry it to minimize fright factor). Of course legal is one thing, not getting hassled is another
another option might be to have the ammo travel on a separate bike. Does sound like you'd have a hard time making it 400 miles without at least one major run in with LEOs, which is not right at all. BIG respect if you go through with this and end up opening some minds, but it is risky

 

[bluesteel63]

Even if you were to carry a 22 like you said you were at least hoping for, How will that fare against an alligator? Might just make him mad!

 

[Paladin38-40]

INAL, but FYI

790.025.p.5

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.

776.013.5.c

“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

 

[tyeo098]

790.025.p.5

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.

776.013.5.c

“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

Yes, but these two are unrelated. Notice how in 790.025 it always says "Private conveyance" and not "Vehicle."

 

[FLAvalanche]

Your questions should be addressed to local law enforcement...call and ask them!

I'm sorry but this is, and always will be, the absolute WORST recommendation for anyone curious of Florida's firearm laws.

I've worked closely with Florida's finest for over 5 years and 99% of them have absolutely no clue of Florida's firearm laws. Your best bet is to call the State Attorney of the counties you will be travelling through. They are the ones that will be bringing charges against you if you're breaking the law.

I'm sorry, but Florida's law enforcement training on firearm laws is horrible at best. Most senior officers think it's still a 3 step rule. Most will tell you that you can't place a handgun in a holster on your dashboard when you absolutely can.

Notice how in 790.025 it always says "Private conveyance" and not "Vehicle."

Yes, you have to be careful there. Florida, for the lack of a better word, half-assedly considers your car an extension of your home, yet some laws make a distinction between the two, like this one does. In self-defense situations your car is considered an extension of your home and you can defend yourself the same way. However, you can't conceal a weapon on your person in your car even though you can inside your own home.

 

[phoglund]

If you want to carry one, perhaps one of these might be a good bet?



Keep it in your pack, broken down and in it's case.

 

[Sebastian the Ibis]

I'm not of the legal age to carry a concealed handgun (or own one, I believe). I do understand that it's legal to carry a rifle in public if in transit to a shooting range or if going hunting. This trip will likely take a week or two since we'll be biking both ways, and I'm concerned about the prospect of taking a 100-mile one shot trip through lonely interstate roads. I'd like to bring a bolt-action along with us to extend the possibilities of our trip to include hunting and camping (we'd camp anyway, but I'd feel better sleeping with a rifle nearby), and the remote necessity for self defense. Unfortunately, South Florida isn't the gun-friendliest area of the nation.

Thus, would it be legal for me to carry a rifle inside a bag slung over my shoulder or on the side of my bike?

This is a really bad idea. I also live in Miami, and can pretty much assure you that you would get proned out every block if you rode down US-1 with even a .22 on the side of your bike. Also, based upon what you have said, "Hunting" seems like a pretense. Which would most likely result in some hefty legal bills, and a plea deal with a withhold of adjudication. Also even if you did want a gun for protection an unloaded bolt action rifle, in a case over your shoulder, is going to be worse than useless when a ganbanger on 441 points a hi-point at your head and steals your bike.

I appreciate people standing up for their gun rights, but this doesn't help anyone. If you want to go on a long bike ride, why don't you sign up for the MS ride, or the ride to Key West. Both would provide much better protection from the greatest threat to a cyclist in South Florida - Crazy Miami drivers.

 

[rajb123]

I bear hunt. One day I finished hunting and slept in the car rather than in a hotel. The car had food in it and a black bear came by at 2am to feed.

I don't beleive a small caliper gun or shotgun would do much to scare off a large bear. If you are in bear woods at night, don't carry any food or you may become the food.

 

[AlaskaMan]

At the very least I would expect frequent contact from Law Enforcement. Let's say you are charged with a violation. Will you seek legal counsel as a result of that charge? Contact that lawyer NOW and see what defense they would use.

Planning on carrying a rifle on a bicycle would likely result in a charge of some kind from some LE somewhere. A roadside argument about it's legality would likely yield even worse consequences. Whether you're right or wrong won't matter when you're being booked.

 

[X-Rap]

I still dont see why the op wouldn't carry a revolver in a locked soft case or trigger locked in a back pack until camp is reached or a proper shooting area is found then remove and load unless you must be over 18 to possess a handgun in florida.