Information on Carrying while driving

[RyanFLE]

What are the laws on carrying rules while driving? is it a 3 step rule? does the gun have to be unloaded; Does it matter? Please post the statute # or authentic Florida State :banghead:website.

 

[Rustynuts]

You can have a loaded gun while driving in Florida WITHOUT a CWL! The gun has to be in a close-able "container". The container can be a glovebox, center console, tupperware container, etc., maybe even a ziplock bag! Doesn't have to be locked. I believe you can also open holster carry as long as there's a strap holding it in.

Once you get a concealed license, I think the rules tighten a bit. Not sure if glovebox carry would be prudent if you have a passenger, as you are not maintaining "immediate" control of the gun "on or about" your person.

Don't have the statutes handy, try google or the packing.org forums

 

[David the Gnome]

I would suggest going to Packing.org and asking/looking up the information there. The only problem is that site is down more often than it's up.

 

[Librarian]

Florida Statutes are on line. Being from California, I'm not familiar with them, but it appears as if the answer to the driving question ought to be at the "CHAPTER 790 WEAPONS AND FIREARMS" link, possibly this from "790.25 Lawful ownership, possession, and use of firearms and other weapons."

(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

[Underline emphasis added]

 

[brashboy]

Librarian, you are right on. The following link is to the FL Division of Agriculture, which handles CCW licensing, and explains FL law on the subject of carrying and transporting firearms, as well as FED law on interstate transportation (more restrictive):

http://licgweb.doacs.state.fl.us/weapons/index.html

 

[tsidorus]

haven't lived in Florida for a while (6+ years) but when I was there securely encased meant in a holster covering the trigger and snapped over the hammer therefore not available for immediate use. But dont believe what some random guy on the internet says... ask a Florida attorney (that's what I did to get this answer but case law may have changed)

-Tsi

disclaimer - this advice is worth exactly what you paid for...

edit: forgot holster must not be on your body (that would be open/ccw)

 

[Dgindlesperger]

in most open carry states you can have the gun on the seat next to you while driving legally.

 

[Bang Gunley]

In Florida if you don't have a CCW license you can't carry in a car on your person. You may have a gun "securely encased" within the car which, as others have indicated, means in a console, the glovebox, gun case, anything that puts the gun a step away from immediate use. With a CCW license you may carry in a holster (any kind), on the seat, etc. Without a CCW license you're in violation if you drive within 1000 feet of a school with your gun in the car! Best bet for Floridians: Get your CCW permit. It solves a lot of problems you may not even be aware of re: carrying in a car and elsewhere -- like from the gun shop to your car or into an apartment or condo.

Have a day.

Bang Gunley