Q re Fla. Vehicle Carry

[Ed N.]

Florida law provides for the legal carry of an encased handgun in a private vehicle without any need for a permit. Specifically,

Section 790.25(5), states that "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."

Anyone know how "interior of a private conveyance" would be interpreted for a motorcycle, since there really isn't an interior? Would it be legal to have a handgun in the saddlebag of a motorcycle (or on a horse, for that matter)?

 

[Dave P]

Generally the "two motion" rule applies. If you keep gun in a rug or a thumb strapped holster in the saddlebag you should be good to go. First motion to open saddlebag, second to open rug.

Loaded is fine; CCW is better.

 

[Ed N.]

I must've missed something. Where do you get a "two motion rule" from? I can't find anything about that in the law. Glove compartment of a car is perfectly legal, without any rug or holster. Why would a saddlebag be different?

 

[starfuryzeta]

from Florida Firearms: Law, Use, & Ownership 4th edition :
page 66

By "vehicle" I mean a car, truck, motorcycle, or any other type of private conveyance you can think of that normally drives on the road. By private, I mean any vehicle that is not driven by somebody for hire, but is privately owned and driven .By "conveyance" I mean a trailer, moto vehicle, ship, railway car, or aircraft. A bicycle is not a private conveyance.
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Securely Encased means that the weapon or firearm is in some type of holster, bag, enclosure, box, or container that is secured with a clasp, lid, zipper, strap, snap, velcro, or other device, so that in order to fire or use the weapon, the device must first be opened, removed, or undone. It does not require a lock.

page 70

Not readily accessible for immediate use means that the firearm or weapon cannot be used without some type of difficulty that siginificantly hinders it's immediate use.

The two-step rule is an old rule o' thumb, usually referring to 2 deliberate motions to get to the weapon. That is no longer something that has to be worried about, as long as the CONCEALED weapon in the conveyance falls under the previous two rulings.

Now, there are a whole bunch of other conditions out there that you can be transporting a weapon in 790.25