# Gun Transport Question



## Try'n Hard (Oct 23, 2008)

Anytime I go hunting I have always laid my unloaded rifle/shotgun on the seat next to me & headed out on. (I change counties but don't cross state lines.) I have been told that this is illegal and if I get stopped by law enforcement it will be a serious issue. I was told that the firearm has to be in a sealed case. Wondering if anyone can enlighten me on the facts.


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## feelin' wright (Oct 7, 2007)

I was always under the impression that if it is not loaded it can be laying on the open seat without a CCW permit.


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## Splittine (Nov 24, 2007)

I have at least 2 rifles on my front seat at any giving time and this is from Fl to AL. I have been pulled over with them there before and was only questioned about it once. The one time I did get questions was from Crestviews finest which is a joke, middle of hunting season and I'm getting questioned while in handcuffs why I have a rifle in my truck, his Sgt pulls up and goes to dog cussing this officer to get me out of the back of his car and take the handcuffs off. You are fine, been doing it for years and don't plan on changing.


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## TheRoguePirate (Nov 3, 2011)

*Carry Laws*

Florida has the Three-Step law for carring firearms in your vehicle. What that means is it must take an individual 3 steps before the weapon can be fired from a concealed posistion in the vehicle. ie: step onepening the glove box, Step Two: Drawing the weapon from a holster and Step Three: Taking the weapon off safe, then firing. Even with a round in the chamber, a weapon in your vehicle is legal without the need for a CCL. 

http://crime.about.com/od/gunlawsbystate/p/gunlaws_fl.htm

if you have any further questions contact your local state police barracks or the florida department of agriculture.


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## TheRoguePirate (Nov 3, 2011)

i have no idea how the little face ended up in my post. It was not intended.

TRP
irate:


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## Try'n Hard (Oct 23, 2008)

Don't wanna get derailed with concealed stuff - The gun is laying on the seat unloaded in plain - open view - the bullets/shells are 12" away in the console. Am I in trouble in this scenario if I get pulled over?


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## K-Bill (May 14, 2009)

TheRoguePirate said:


> Florida has the Three-Step law for carring firearms in your vehicle. What that means is it must take an individual 3 steps before the weapon can be fired from a concealed posistion in the vehicle. ie: step onepening the glove box, Step Two: Drawing the weapon from a holster and Step Three: Taking the weapon off safe, then firing. Even with a round in the chamber, a weapon in your vehicle is legal without the need for a CCL.
> 
> http://crime.about.com/od/gunlawsbystate/p/gunlaws_fl.htm
> 
> if you have any further questions contact your local state police barracks or the florida department of agriculture.


this is not correct. FL does not have a "3 step" rule for concealed carry in a vehicle. there is a misconception though because you can't have it chambered, cocked, and able to shoot on a whim. and it may be a good "rule of thumb," but it's not a law. additionally, the concealed weapon rules will not apply to a rifle. 

sorry for the derail. - i have been pulled over with a rifle laying across the back seat of my truck. my ammo was in the door pocket of the back door. the deputy asked if it was loaded, i said no and showed him the ammo, and that was the end of it.


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## FrankwT (Jul 25, 2010)

When I leave to go hunting or returning the house/lease, the rifle/weapons are loaded/unloaded and in its carrying case in the back seat of my truck, never stopped, not worrying about it.. My concealed carry is on me.


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## hogdogs (Apr 19, 2010)

> Florida has the Three-Step law for carring firearms in your vehicle. What that means is it must take an individual 3 steps before the weapon can be fired from a concealed posistion in the vehicle. ie: step onepening the glove box, Step Two: Drawing the weapon from a holster and Step Three: Taking the weapon off safe, then firing. Even with a round in the chamber, a weapon in your vehicle is legal without the need for a CCL.


As already posted... the above is not accurate...

As for long guns, I ain't sure but handguns, I have researched fully...

A handgun may not be in public view inside the car such as on the seat. 

You can, without a ccw, carry a handgun an ywhere in your car you wish... EXCEPT ON YOUR PERSON OR IN PLAIN SIGHT....

The law states "encased". A compartment meets this requirement. A holster also does.

Your gun can be in any state of readiness you choose. Empty, loaded, one in the chamber or not, safety on or off... don't matter...

So if you desire, it can be in an unlocked glovebox or center console or even in a door pocket (so long as not in plain sight) fully loaded and ready to deploy.

If it is holstered, it can be tossed under a seat etc...

So a long gun may (if officer wishes to push the issue) need to be cased to meet the law unless there is a "to, from during" hunting or other recognized gun sport activity...

Brent


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## auburn17 (Oct 29, 2008)

Kevin, I got pulled over on hwy 29 last hunting season and I had my rifle wedged in between the driver's seat and the center console. The clip was loaded, but nothing in the chamber. 

The trooper walked up to my window and the first thing I told him was that I had a deer rifle in the truck beside me, he said thanks for letting me know, gave me a verbal warning for going 4mph over and let me go.

You are perfectly legal, but it never hurts to tell them you have it ASAP.


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## Try'n Hard (Oct 23, 2008)

auburn17 said:


> Kevin, I got pulled over on hwy 29 last hunting season and I had my rifle wedged in between the driver's seat and the center console. The clip was loaded, but nothing in the chamber.
> 
> The trooper walked up to my window and the first thing I told him was that I had a deer rifle in the truck beside me, he said thanks for letting me know, gave me a verbal warning for going 4mph over and let me go.
> 
> You are perfectly legal, but it never hurts to tell them you have it ASAP.


Had the same thing happen - several years ago, no problem then...question is do you KNOW that you were "perfectly legal" or did you just not get in trouble because the trooper was in a good mood and had common sense. That's not the guy that usually stops me. I end up handcuffed in the back of a police car like splittine.


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## TheRoguePirate (Nov 3, 2011)

Ok, the three step is not the black and white law, I posted it as reccomended by the dept of agriculture for going one step above being inside legal limits as a great safty rule of thumb. I do not give advice that skirts the law, only sound solid advise. So for those of you who were so kind to point that out, i appologize.

incase any of you have ever researched any law, laws are not black and white, merely gray for interpretation by lawyers. 

in any case, i posted the link to florida gun laws, and if you scroll down in that link it covers what the state of florida requires for carring a firearm inside of a vehicle. 

I must agree with several other posts, just because the local trooper was feeling jolly does not make it gospel, read the laws for yourself and then tighten yourself up to make it that much harder to prove you were in the wrong. Other wise you might want to be rich cause your going to need a hell of a good lawyer to get you out of whatever trouble you got in and "because someone said so on a fishing forum" is not a defence the judge is going to let you off on! 

TRP
irate:


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## K-Bill (May 14, 2009)

where is donedeal at?? we need his input on this.


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## ClemsonTiger11 (Aug 12, 2010)

This tread really interests me because my dad has been arrested twice, once a few years ago in Ohio and once in Alabama about 15 years ago for carrying a gun in his truck. The first time, in Alabama, I think up North around the Athens area, he had his .22 pistol in his truck console and in a holster and was put in the slammer. Same thing last year in Ohio. Not sure what it is about my dad but he has the worst luck. He uses it for work and it is ALWAYS in his console in a holster. I am not sure if it is loaded but I can be pretty confident there wasn't one in the chamber if it was. Both times he was acquitted and I think the first time the cop had to give him a formal apology. The thing that is really sad/scary is that cops are basically gods. When they pull you over they can do whatever they want to you and you can't do crap about it. I have never been arrested but my dad (has a PhD, deacon at the church, never broken the law in his life) has been through the process twice and it is a humiliating, expensive, time consuming process. Your wrists get bruised from the cuffs (saw this myself), you can be stuck in a cell with crazy drunk people like my dad. There is nothing you can do about it. And the laws are different in many states also cities within the same state can have different laws. It is all very confusing and needs to be standardized. Sorry for the long tirade but the whole system pisses me off!! When I got hunting I keep my rifle in the back/bed of the truck in a case unloaded. It's probably overkill but better to be safe than sorry. I also have a camper top on the truck so it's a little safer in there.


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## K-Bill (May 14, 2009)

ClemsonTiger11 said:


> This tread really interests me because my dad has been arrested twice, once a few years ago in Ohio and once in Alabama about 15 years ago for carrying a gun in his truck. The first time, in Alabama, I think up North around the Athens area, he had his .22 pistol in his truck console and in a holster and was put in the slammer. Same thing last year in Ohio. Not sure what it is about my dad but he has the worst luck. He uses it for work and it is ALWAYS in his console in a holster. I am not sure if it is loaded but I can be pretty confident there wasn't one in the chamber if it was. Both times he was acquitted and I think the first time the cop had to give him a formal apology. The thing that is really sad/scary is that cops are basically gods. When they pull you over they can do whatever they want to you and you can't do crap about it. I have never been arrested but my dad (has a PhD, deacon at the church, never broken the law in his life) has been through the process twice and it is a humiliating, expensive, time consuming process. Your wrists get bruised from the cuffs (saw this myself), you can be stuck in a cell with crazy drunk people like my dad. There is nothing you can do about it. And the laws are different in many states also cities within the same state can have different laws. It is all very confusing and needs to be standardized. Sorry for the long tirade but the whole system pisses me off!! When I got hunting I keep my rifle in the back/bed of the truck in a case unloaded. It's probably overkill but better to be safe than sorry. I also have a camper top on the truck so it's a little safer in there.


yep - AL is NOT like FL. don't know about Ohio. a FL ccw is valid in AL though. but if you don't have either a FL ccw or an AL ccw (which you can literally walk into any courthouse, whether you're an AL resident or not, and walk out within a few mins with a carry permit), you will be arrested if a handgun is found in your vehicle. you can get your gun back by going back to court and paying the fines. my buddy actually had to then turn around a get an AL permit so he could legally carry his gun back home after his court date. that's why it is important to know states' laws if you will be traveling through.


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## Try'n Hard (Oct 23, 2008)

HaHa - I knew this was gonna go like this 
Here it is again: 
LONG GUN - UNLOADED - ON THE FRONT SEAT
???


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## TheRoguePirate (Nov 3, 2011)

*Carrying* 
Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license. 
Exceptions: 

Persons having firearms at their home or place of business. 
Enrolled members of clubs organized for target, skeet, or trapshooting, while at, or going to or from shooting practice.

Members of clubs organized for collecting antique or modern firearms while at or going to or from exhibitions. 
*Persons engaged in fishing, camping or hunting and while going to or from such activity.* 
*Persons engaged in target shooting under safe conditions and in a safe place or while going to or from such place. *
*Persons who are firing weapons for target practice in a safe and secure indoor range.* 
*Persons traveling by private conveyance if the weapon is securely encased, or in a public conveyance if the weapon is securely encased and not in the person’s manual possession.*

Persons carrying a pistol unloaded and in a secure wrapper from place of purchase to their home or to a place of repair and back. 
Persons engaged in the business of manufacturing, repairing or dealing in firearms. 
Military, law enforcement personnel and private guards while so employed.
*It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use. *


*A firearm other than a handgun may be carried anywhere in a private conveyance when such firearm is being carried for a lawful use.* 
This exemption does not authorize the carrying of a firearm concealed on the person. An application for a license to carry a handgun concealed is made to the Department of Agriculture. The license is valid for five years and is honored throughout the state. The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and shall include the applicant's name, address, place and date of birth, race


Since no one can read a hyper link, here is a copy of florida gun laws in reference to carrying a firearm....florida does not seperate long gun from pistol in this reguard.

TRP


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## K-Bill (May 14, 2009)

TheRoguePirate said:


> Since no one can read a hyper link, here is a copy of florida gun laws in reference to carrying a firearm....florida does not seperate long gun from pistol in this reguard.
> 
> TRP


please forgive me, and anyone else, if we'd like something a little more concrete than "about.com", which lists no date on the material they say came from the NRAILA and clearly states the info may not reflect any recent changes to the laws.


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## MrFish (Aug 21, 2009)

> (which you can literally walk into any courthouse, whether you're an AL resident or not, and walk out within a few mins with a carry permit),


Where did you get that from??


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## K-Bill (May 14, 2009)

MrFish said:


> Where did you get that from??


this happened to my good friend and ex-roomate, while i was living with him. i almost had to go up to mckenzie and bail him out because he got caught speeding on 55 in route back from talladega a couple years ago and had a glock in the console - and did not have a ccw at the time. they finally let him post himself, told him he could come back, get an AL permit at the courthouse, pay his fines and plead guilty, and they'd give his gun back.


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## BigRed38 (May 5, 2009)

Only been pulled over once by the game wardens but I had my rifle riding shotgun with me with the action open and bullets laying on the center console. Never questioned me about it. As long as they can see its unarmed they usually dont make much fuss about it.


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## TheRoguePirate (Nov 3, 2011)

fair enough kbill, the link was to a consolidated and laymen's terms of the florida gun law in question that try'n hard was asking about....for the complete legal aspect, here is the exerpt from the florida department of agriculture statue 790.

(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 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:
(a) Members of the Militia, National Guard, Florida State Defense
Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized
reserves, and other armed forces of the state and of the United States,
when on duty, when training or preparing themselves for military duty,
or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2,
Art. X of the State Constitution, under chapters 250 and 251, and under
federal laws, when on duty or when training or preparing themselves for
military duty;
(c) Persons carrying out or training for emergency management duties
under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida
highway patrol officers, game wardens, revenue officers, forest
officials, special officers appointed under the provisions of chapter 354,
and other peace and law enforcement officers and their deputies and
assistants and full-time paid peace officers of other states and of the
Federal Government who are carrying out official duties while in this
state;
(e) Officers or employees of the state or United States duly authorized
to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies,
armored car carriers, mail carriers, banks, and other financial
institutions, while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds, or
other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to
purchase or receive weapons from the United States or from this state,
or regularly enrolled members of clubs organized for target, skeet, or
trap shooting, while at or going to or from shooting practice; or
regularly enrolled members of clubs organized for modern or antique
firearms collecting, while such members are at or going to or from their
collectors' gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to
or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or
dealing in firearms, or the agent or representative of any such person
while engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe
conditions and in a safe place not prohibited by law or going to or from
such place;
(k) A person firing weapons in a safe and secure indoor range for
testing and target practice;
(l) A person traveling by private conveyance when the weapon is
securely encased or in a public conveyance when the weapon is
securely encased and not in the person's manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper,
concealed or otherwise, from the place of purchase to his or her home or
place of business or to a place of repair or back to his or her home or
place of business;
 A person possessing arms at his or her home or place of business;


TRP
irate:


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## auburn17 (Oct 29, 2008)

Sounds like this is a question for Jason. I cannot find any laws that prohibit you from carrying a deer rifle in the front seat. 

If you had the weapon hidden or "concealed" they may could bust you for concealing without a permit. I know you are not talking about hand guns, but long guns can be concealed also. 

I still see people riding around with 2 guns in the rack in the back glass, I don't know what the difference is between that and the front seat.


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## MrFish (Aug 21, 2009)

K-Bill said:


> this happened to my good friend and ex-roomate, while i was living with him. i almost had to go up to mckenzie and bail him out because he got caught speeding on 55 in route back from talladega a couple years ago and had a glock in the console - and did not have a ccw at the time. they finally let him post himself, told him he could come back, get an AL permit at the courthouse, pay his fines and plead guilty, and they'd give his gun back.


If he was a FL resident, then he would have to get a FL CCW. AL does not issue CCWs to non residents. Someone was confused as to what was said. 


The applicant must be a legal citizen of the United States of America, a legal citizen of the State of Alabama, and have primary residence in ______ County, Alabama.


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## K-Bill (May 14, 2009)

MrFish said:


> If he was a FL resident, then he would have to get a FL CCW. AL does not issue CCWs to non residents. Someone was confused as to what was said.
> 
> 
> The applicant must be a legal citizen of the United States of America, a legal citizen of the State of Alabama, and have primary residence in ______ County, Alabama.


hmm... well now you've got me wondering. is it possible that either a.) they changed this within the last couple years? or b.) it's one of those situations where they ask what county you live in but require no documentation? 

i know he didn't get a FL ccw because he didn't take his class and get his FL permit (he doesn't hunt and has never taken the hunter safety course) until way after this happened.


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## K-Bill (May 14, 2009)

TheRoguePirate said:


> fair enough kbill, the link was to a consolidated and laymen's terms of the florida gun law in question that try'n hard was asking about....for the complete legal aspect, here is the exerpt from the florida department of agriculture statue 790.
> 
> (3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not
> apply in the following instances, and, despite such sections, it is lawful
> ...


you just answered the question. thanks for your assistance. :thumbsup:


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## MrFish (Aug 21, 2009)

K-Bill said:


> hmm... well now you've got me wondering. is it possible that either a.) they changed this within the last couple years? or b.) it's one of those situations where they ask what county you live in but require no documentation?
> 
> i know he didn't get a FL ccw because he didn't take his class and get his FL permit (he doesn't hunt and has never taken the hunter safety course) until way after this happened.


It hasn't changed in the last few years. And when they complete the background check they look at your DL, etc. Pretty sure, that if there was a loophole like that, then everyone would come running to AL to get a permit. I would think that other states would stop honoring AL CCWs, if they are just handing them out.

Back to the OP, why not keep your rifle unloaded in a locked case? Or get a CCW?


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## Gnwdad (Oct 14, 2007)

hogdogs said:


> As already posted... the above is not accurate...
> 
> As for long guns, I ain't sure but handguns, I have researched fully...
> 
> ...


 
I do not think the above is correct! My understand is that you must have a CCW permit to carry it under the seat or in the door pocket....

From my understanding a long gun can only be loaded while in transport by a CCW permit holder.


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## Try'n Hard (Oct 23, 2008)

MrFish said:


> Back to the OP, why not keep your rifle unloaded in a locked case? Or get a CCW?


Honestly - I don't want to and being a law abiding citizen - dont think I should have to.


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## MrFish (Aug 21, 2009)

Try'n Hard said:


> Honestly - I don't want to and being a law abiding citizen - dont think I should have to.


Fair enough. Call the local CLEO and ask. If they say you have to have a permit, then ask about gunracks in windows.


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## Travis12Allen (Jun 1, 2011)

I ride with mine unloaded in the front seat everytime I'm going hunting or to go shoot. Been stopped a few times, never a word has been said.


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## K-Bill (May 14, 2009)

MrFish said:


> It hasn't changed in the last few years. And when they complete the background check they look at your DL, etc. Pretty sure, that if there was a loophole like that, then everyone would come running to AL to get a permit. I would think that other states would stop honoring AL CCWs, if they are just handing them out.
> 
> Back to the OP, why not keep your rifle unloaded in a locked case? Or get a CCW?


interesting. he said the chief of police told him the reason they do arrest people for carrying in a vehicle without a permit is because they're so easy to get, so long as you're not a felon or wanted, and you make the effort to go get one. and at the time i was also under the impression his permit was not valid as a CCW in FL. do they issue something other than a ccw in AL?


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## MrFish (Aug 21, 2009)

K-Bill said:


> interesting. he said the chief of police told him the reason they do arrest people for carrying in a vehicle without a permit is because they're so easy to get, so long as you're not a felon or wanted, and you make the effort to go get one. and at the time i was also under the impression his permit was not valid as a CCW in FL. do they issue something other than a ccw in AL?


Not that I know of. I know alot of local police and sheriffs and they will all give different opinions on the needing a ccw for a vehicle. Alabama is an Open Carry state, so they might have given him the benefit of the doubt. I have never heard of a temporary permit for people from other states, but that doesn't mean it's not done. It would be odd, since most states require a permit for vehicle carry.


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## Jason (Oct 2, 2007)

OK....

3 step rule....There is no such critter.
Concealed=Concealed...meaning out of view.
If you do get pulled over, LET LAW ENFORCEMENT KNOW YOU HAVE A FIREARM!!! There is no law that states this, it would be a common sense move. This will put a LEO at ease a bit, and save everyone a hassle. Example: you have a pistol in your glove box and you get pulled over, what comes next? License/registration/insurance. You don't tell the LEO about the gun in the glovebox and reach for your papers in the glove box! I shouldn't have to explain what would probably happen next because there is a laundry list of things and they are not good!

A long gun wether a rifle or shotgun is pretty hard to conceal. Hard, not impossible... If you have a weapon out of a holder (hard case/holster/zipper pouch) under a seat, shoved down between your seat out of view, this is concealed. If it is in a holder of some form and in a console or glovebox you are fine. If you have a long gun lying in/on the seat and you are legal to possess it, you are fine. If you have a Concealed Permit none of the above matters to you. 

If you are traveling through different states, I would secure it in a gun case. Now State Lands have different laws, and I do believe you cannot carry a LOADED firearm in your vehicle on state lands. Years ago I had a rifle in a case in the back of my truck, FWC pulled me over and told me that I had to have a valid hunting license even though it wasn't season to carry a firearm on State Lands.

The thing you must concern yourself with is if someone uses your vehicle please secure your weapon! Also when you park your vehicle, please take your weapon inside your home!!! Main thing is USE GOOD JUDGEMENT!!!!:thumbup:


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## bigbulls (Mar 12, 2008)

This thread is full of a bunch of if's, what's, and maybes.




Carrying a concealed firearm - It must be securely encased and not readily accessible for immediate use if you *do not* posses a CCW permit. 

*Readily accessible is defined by Florida law as* - “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.

*Securely encased is defined by Florida law as* - “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.

*Florida defines concealed firearm as* - “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

You do not have to have your firearm in a snapped holster AND in a case. It must be one or the other listed above but not more than one. In this context the semicolon ";" means "OR".... It does not mean "AND".



*Florida statutes makes exemptions to and for carrying firearms for lawful purposes.*

*Carrying a long gun in a private conveyance in Florida.* Part of the statute below, I just separated it for emphasis.

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.*





LAWFUL USES.—The provisions of ss. 790.053 and 790.06 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:



> 790.053 Open carrying of weapons.—
> (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
> (2) A person may openly carry, for purposes of lawful self-defense:
> (a) A self-defense chemical spray.
> ...


(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors’ gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
 A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.
(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.
(4) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
(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*




.


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## BBob (Sep 27, 2007)

If I have re-read the laws correctly it would appear that if your weapon is encased or not in a person's manual procession it is legal to have it in public. It is against the law if it is in an *open carry state* unless you are in a lawful act of a defensive purpose, hunting, fishing, camping, target practice etc, etc. It is lawful to transport the weapon for repair, or to use in another lawful purpose. 

So if I leave the hunting grounds I would need to encase or move the weapon to a place were it is not readily available to be legal.


Carrying a concealed firearm - It must be securely encased and not readily accessible for immediate use if you do not posses a CCW permit.

Readily accessible is defined by Florida law as - “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. ******* I would think that it reasonable to think that an AR/AK, 10/22, 30-30, or a Short barreled shotgun left on the front seat of a truck (esp. Double/Max cab) would be considered readily accessible.

Securely encased is defined by Florida law as - “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.

Florida defines concealed firearm as - “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person

You do not have to have your firearm in a snapped holster AND in a case. It must be one or the other listed above but not more than one. In this context the semicolon ";" means "OR".... It does not mean "AND".


LAWFUL USES.—The provisions of ss. 790.053 and 790.06 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:

Quote:
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), *it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.*
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors’ gun shows, conventions, or exhibits;
(h) *A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;*
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
(j) *A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;*
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by *private conveyance* when the weapon is *securely encased *or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
 A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.
(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and
3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.
(4) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
(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


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## Try'n Hard (Oct 23, 2008)

So to sum up - and correct me if I'm wrong, It is NOT LEGAL to lay your unloaded rifle/shotgun on the seat next to you while going hunting. Even if it is unloaded - It has to be "not readily accessible for immediate use".


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## bigbulls (Mar 12, 2008)

> So to sum up - and correct me if I'm wrong, It is NOT LEGAL to lay your unloaded rifle/shotgun on the seat next to you while going hunting. Even if it is unloaded - It has to be "not readily accessible for immediate use".


No, that is incorrect. The "not readily accessible for immediate use" clause only applies to *concealed handguns*.

I highlighted it in red above.

*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.*


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## hogdogs (Apr 19, 2010)

So only handguns must be kept from "public view"?

Brent


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## auburn17 (Oct 29, 2008)

Jason said:


> OK....
> 
> A long gun wether a rifle or shotgun is pretty hard to conceal. Hard, not impossible... If you have a weapon out of a holder (hard case/holster/zipper pouch) under a seat, shoved down between your seat out of view, this is concealed. If it is in a holder of some form and in a console or glovebox you are fine. If you have a long gun lying in/on the seat and you are legal to possess it, you are fine. If you have a Concealed Permit none of the above matters to you.
> :thumbup:


Kevin, highlighted is what you are looking for from our resident law enforcement officer on the forum.


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## FrankwT (Jul 25, 2010)

So if you are going shopping at walmart or the mall probably not a good idea to have your rifle out on the front seat...but headed to the range, the lease, hunting or a gunsmith it should be OK...really unless in a single cab truck, carry the rifle in a case and put it behind the seat...


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## SAWMAN (May 24, 2010)

*The OP*

The OP was referring to a rifle or shotgun so I will address this only.

It is completely legal for you to have an UNLOADED rifle or shotgun on the seat next to you without it being in any case whatsoever. This includes a M/L as long as it is not capped/primed. It MAY have the powder and bullet installed. This,if you are not a convicted felon.

Seems kind simple and streight forward to me. --- SAWMAN


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## cobiaphil (Oct 8, 2007)

SAWMAN said:


> The OP was referring to a rifle or shotgun so I will address this only.
> 
> It is completely legal for you to have an UNLOADED rifle or shotgun on the seat next to you without it being in any case whatsoever. This includes a M/L as long as it is not capped/primed. It MAY have the powder and bullet installed. This,if you are not a convicted felon.
> 
> Seems kind simple and streight forward to me. --- SAWMAN


X2 :thumbsup:

On the Alabama handgun carry. It is a open carry state but in Alabama you cannot carry a *handgun *period in a vehicle legally unless you have a CCW. This came from a Foley City Police Officer. Usually they run a check on you and if you are clean they usually do not take you in as long as you tell them you have one but there is always that one that is going to go strictly by the book. I did not ask about one that is used for hunting??


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## KoolKat49 (Nov 3, 2011)

Why take the chance? If your running hunting roads I can understand but if your running public roads put it up and relax. If you have to ask the question is this right you probably know the answer... No sense in taking the chance of giving someone who is having a bad day ammo to make yours a bad day...


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## mrwigglezdj (May 11, 2008)

Not to derail furher, but I might be breaking the law but when reading the rules I don't think I am.
When I leave my home to go to my lease I open carry my pistol to the lease and back home. 
Since I'm in the process of hunting / shooting . 
Would this also allow me to wear my firearm into the gas taion that I stop at on the way to the lease to get gas?

Sent from my SPH-D700 using Forum Runner


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## Jason (Oct 2, 2007)

mrwigglezdj said:


> Not to derail furher, but I might be breaking the law but when reading the rules I don't think I am.
> When I leave my home to go to my lease I open carry my pistol to the lease and back home.
> Since I'm in the process of hunting / shooting .
> Would this also allow me to wear my firearm into the gas taion that I stop at on the way to the lease to get gas?
> ...


 
Nope....unless you hunt or shoot at the gas station.....


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## Trophy05 (Nov 12, 2008)

...


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## SAWMAN (May 24, 2010)

*Open Carry ??*

IMO, if you open carry a pistol or revo in a vech(or anywhere),no matter where you are going or coming from,it is ILLEGAL. This would include weather you DO or DO NOT have a CWP. If you have a CWP it should(must)stay concealed. If you do not have a CWP and have a weapon concealed your in deep doo-doo. 

CAUTION : ---> I am not the attorney general of the state of Florida. I have a CWP and I have the current 790 statutes. This is my interpretation of them. Please don't start an argument. I am fully aware that some people on this forum know allot more about everything than I do. Thank you for your consideration. --- SAWMAN


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## K-Bill (May 14, 2009)

SAWMAN said:


> Please don't start an argument. I am fully aware that some people on this forum know allot more about everything than I do.


talk about irony... 

but yeah, i agree with you. i'll keep my unloaded rifle riding with me on my way to the woods. and i will not open carry a handgun anywhere. asking for trouble there...


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## bigbulls (Mar 12, 2008)

> So only handguns must be kept from "public view"?


That is correct.




> When I leave my home to go to my lease I open carry my pistol to the lease and back home.
> Since I'm in the process of hunting / shooting .
> Would this also allow me to wear my firearm into the gas taion that I stop at on the way to the lease to get gas?


If you are lawfully hunting, fishing, camping, target shooting or are traveling to or from doing these activities you may have your firearms in plain sight, *except for handguns while traveling,* under Florida law. However, you may *NOT* openly carry a hand gun *IN A VEHICLE* at any time. If you are openly carrying a handgun in a vehicle you will be arrested.



> 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.


Section 790.053 (below) does not apply to those activities* except for carrying a handgun openly in a vehicle.*



> 790.053 Open carrying of weapons.—
> (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
> (2) A person may openly carry, for purposes of lawful self-defense:
> (a) A self-defense chemical spray.
> ...



I highly recommend that anyone carrying a firearm in a vehicle get themselves a copy of the statutes and highlight the statutes that pertain to your activities. I know that most LEO's are good people but many do not know the laws they are sworn to uphold. I have had to produce a highlighted copy of the statutes more than once to correct what a LEO thought he knew about carrying a firearm.


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## Capt Ron (Aug 12, 2008)

TheRoguePirate said:


> Florida has the Three-Step law for carring firearms in your vehicle. What that means is it must take an individual 3 steps before the weapon can be fired from a concealed posistion in the vehicle. ie: step onepening the glove box, Step Two: Drawing the weapon from a holster and Step Three: Taking the weapon off safe, then firing. Even with a round in the chamber, a weapon in your vehicle is legal without the need for a CCL.
> 
> http://crime.about.com/od/gunlawsbystate/p/gunlaws_fl.htm
> 
> if you have any further questions contact your local state police barracks or the florida department of agriculture.


PLEASE!!!!! Do NOT ask police for legal advice, that is not there job, nor are they qualified to give it, if they were they would be defense attorneys not LEO's. 

People please do not give legal advice on the forums especially when you are not a knowledgeable attorney specializing in gun laws or just plain absolutely ignorant of the laws. 

People often trust what is said here and may very well go to jail because of it.There is absolutely no three step process. Please delete that post or edit it.

According to statute law and current case law: The weapon must be securely encased or not otherwise immediately accessible.

Since it's unlawful to conceal a shotgun for carry purposes with or without a license, the shotgun must be securely encased in the vehicle (loaded or unloaded makes no difference, but it be-hoove you to have it unloaded)
In a gun rack may be considered not immediately accessible, but who knows, while a zippered gun case is unquestionable int he state of Florida.

Gun racks are not specifically addressed in the law.

It does not matter what advice a police officer gives pertaining to carry laws, they are typically also understandably most ignorant of most gun laws.


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## scbass (Feb 1, 2008)

How did asking a question about caring a rifle or shotgun in the seat beside you on the way to the woods turn into a CCW conversation?

Out of all the years I have been hunting, if I was was pulled over for any reason I only get asked if the gun is loaded (No Sir it's not) ok is the reply.


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## KoolKat49 (Nov 3, 2011)

Lots of grey area here but instead of riding around with a 22 with a 30 round clip loaded in it use common sense and unload all your hunting rifles while traveling the roads. Why chance it?


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## bigbulls (Mar 12, 2008)

There is no gray area. It is in black and white. All you have to do is read the Florida statutes, they aren't that hard to understand. I have pasted the statutes here concerning this and even highlighted them and still people are giving misinformation. Even firearms instructors.

Florida law DOES NOT prohibit the open carrying of a firearm, OTHER THAN A HANDGUN, when traveling in a private vehicle. It's right here in black and white.








> LAWFUL USES.—The provisions of ss. 790.053 and 790.06 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:
> 
> Quote:
> 
> ...


Notice the above red highlighted specifically addresses concealed firearms. Concealed firearms must be securely encased and not readily accessible.

The green highlighted addresses carrying firearms in general and and specifically does not prohibit the carrying of a firearm in any way, other than a handgun, in a private vehicle.


*Get a copy of the statutes, read them and understand them. They come with every CCW application packet and are available on line. You are responsible for your own actions.*


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## BBob (Sep 27, 2007)

Big Bulls Walk me through your logic on this issue of its okay to have a weapon on the front seat. The following is off the current FS and are applicable to all firearms not just pistols.


790.001 Definitions.
(6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.



790.053 Open carrying of weapons
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

790.25 Lawful ownership, possession, and use of firearms and other weapons.
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 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 or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;

(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.

You stated it was in black and white so here is the 1,2, and 3 I see.
1- I fail to see were the open carry only applies to pistols it states "any firearm".
2- We can have possession of our firearm in a vehicle "if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use."
3- There forth it seems that the weapon needs to be encased or not accessible if in the vehicle.

 If I have missed something or I am not aware of I am open to learn; Just for the record I wish Florida was an open carry state. But I also wish that everyone had d take a CCW class from a hands-on certified firearms instructor even if they do not own a pistol.

 Billy-Bob


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## Try'n Hard (Oct 23, 2008)

Wouldn't it be the green highlighted section of his post?


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## BBob (Sep 27, 2007)

I feel the key words in the green are "lawfully use"...JMHO
FS 790.25


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## Try'n Hard (Oct 23, 2008)

"lawful use" is everything above the red


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## BBob (Sep 27, 2007)

*No argument there but it states
790.25 (3) (l) and again is (5)

"....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...."



*


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## bigbulls (Mar 12, 2008)

> "lawful use" is everything above the red


Exactly! All of those are lawful uses and legal methods of carrying and transporting firearms in a private vehicle.

It is not saying that you must carry a firearm by having them encased. It is saying that a securely encased wepon is legal to transport and is directed at concealed handguns for those that do not have a CCW.


You MUST read and understand the *ENTIRE* statute. Not just one little part.


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## bigbulls (Mar 12, 2008)

> *"....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...."*


The key word here is "concealed". If you are going to carry a *concealed* firearm or other weapon it must be securely encased and not readily accessable.


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## BBob (Sep 27, 2007)

*Yes it does say concealed but it also says "or other weapon" which would infer long guns as well. ... You "may" be correct but I think I would prefer to keep it encased. It you are correct and I am wrong, well I will have encased it for no reason. But on the other-hand if you are wrong and I do not have it encased then I may get a pair of bracelets to wear thumbs up....lol...I admire your steadfast will power just can not see myself risking it. Billy-Bob
*


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## AUBuilder (Sep 27, 2007)

Just a thought here. Firearms are expensive. To me it makes good sense to keep expensive items secure in a vehicle to in case of a sudden stop or accident they do not get damaged. Rifles (typically) have scopes. Man it would be a pain in the ass to be heading out to the woods and slam on the breaks only to have your rifle slide off the seat and whack against the floor, knocking your scope all out of alignment.

Cases can be inexpensive. Why not remove all doubt of whether or not you are breaking the law and use one. It will protect your investment and possibly the success of your hunt.

Just my take on the subject.


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## K-Bill (May 14, 2009)

there is no doubt. a member who is a deputy wrote his response and another posted the statute. i can understand wanting to protect expensive property from getting banged up. but as far as the law goes, we know what the answer is.


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## AUBuilder (Sep 27, 2007)

K-Bill said:


> there is no doubt. a member who is a deputy wrote his response and another posted the statute. i can understand wanting to protect expensive property from getting banged up. but as far as the law goes, we know what the answer is.


Valid point. On the other side of the coin it was mentioned that sometimes LEO's can interprete things differently. Yes you will be proved correct when it goes to court, but that ride to the pokey in handcuffs will ruin that afternoon hunt. And please do not quote the statute to them, that really pisses them off.

Might as well avoid the situation all together.


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## MrFish (Aug 21, 2009)

Mine stays in an aluminum case when I'm driving. I don't want to sight the damn thing in all the time. Bullets have gotten expensive.


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## Tippin Slow (Nov 21, 2007)

BigBulls I have studied this statute and I agree with the way you are explaining and breaking down the Statute. I have heard cops explain this very question using the "3 step rule". I do not know the origin of the "3 step rule" but everyone seems to qoute it any time gun transporting comes into question. Recently in Fort Walton, former FWB/Alabama/49er running back Glen Coffee was arrested and charged by Fort Walton PD for illegal possession of a concealed weapon. It was found by the officer when he opened up the lid of the center console in his SUV (also known as securely encased per statute). The State Attorney immediately dropped all charges due to Glen not violating any Florida Law other than speeding. Damned if you do or don't....


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## bigbulls (Mar 12, 2008)

Yep, like I was saying a page or two ago. As good as their intentions may be, many LEO's do not know the laws they are suppose to be upholding. Of course there are those officers that give a bad name to the many good ones and no matter if you are in the right or wrong you're going to jail any way.

Keep a copy of the statutes with you. Politely inform the officer of the statutes and if they proceed with the arrest politely make the officer aware of your intentions to file suit for wrongful arrest.

In other words, Stand up for your rights as a law abiding citizen.




> I do not know the origin of the "3 step rule" but everyone seems to qoute it any time gun transporting comes into question.


I don't know where this two or three step crap comes from either. I suspect it was has been passed down over the years by people that haven't taken the time to actually read the laws as they are written. I must get asked about this three step "law" two or three times a day. Read the statutes and know the law. I keep a highlighted copy at the store and regularly pull it out to let customers read the statutes for them selves. Too may do not take the time to do so on their own and they walk around armed and don't have a clue. If you follow what is in black and white *as is written* and don't go trying to "think" about what you "think" they might be saying you will be just fine. If one wants to err on the side of caution and use a case all the time or use a holster and a case for a concealed handgun just to be safe then no one could fault someone for doing so.



What I'd like to know is why in the hell would someone allow a LEO to search their vehicle when they were pulled over for speeding. Stupid, stupid, stupid. That officer (if it were just for speeding) should have never known that gun was there in the first place.


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## K-Bill (May 14, 2009)

There's more to the Glenn coffee thing. I wanna say the car was towed and the gun found later. NOT POSITIVE so don't beat me up too bad if that's not right. And the report said he had one in the chamber and the hammer cocked back too I believe. I do remember when the charges were dropped and I was very glad to see that. 

Did the 3 step thing used to be an actual law?? I know it has not been since I've been old enough to carry a gun but I didn't know if it was old school or something?


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## Try'n Hard (Oct 23, 2008)

As the original poster, let me say "thanks" to everyone who replied.... it took a while but I think I got my answer THANKS AGAIN....................
I'm Headed Out!!!!!!!!!!!11


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## Mud Duck (Oct 7, 2011)

To the orginal post. No it is not illegal for u to carry your rifle in the front passanger seat unloaded. I know because that is the busines i work in.


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## spb65 (Mar 15, 2008)

Must be a long slow winter. And dang a bunch of you guys sure get pulled over a whole lot of times.


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## John B. (Oct 2, 2007)

Wirelessly posted

Had to bump this back up.... I was leaving my lease in Holt heading home and got pulled over by FHP, had my rifle in my front seat, unloaded, and I am in full Camo. I had my driver's license and ccw permit out when he got to my truck, he had me put my hands on the steering wheel and asked if the weapon was loaded. No, I replied. Then asked if there were any other weapons in the vehicle. Yes, I replied, a glock in the center console, loaded. He went to the passenger side, opened the door and took the rifle and the pistol out and took them back to his car... Oook? ... and then asked if the guns are registered to me? A few minutes went by, he put the guns in the back of my truck, (got a seat belt ticket, BTW) and told me I could put the guns back in my truck when he left. 

My question, was all the necessary? I am in full Camo heading home at a normal hour (11am) and have a ccw..


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## FrankwT (Jul 25, 2010)

John that was an overstep...first of all is there a law that say all your guns have to be registered to you? especially when you handed him your permit. Now taking the guns while he was back at his car, if he wants to do that OK, that is fine but it was obvious it is deer season and you had been out hunting so the rest is BS.


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## K-Bill (May 14, 2009)

necessary? no. wrong? i don't think so. i don't really have a problem with a LEO taking measures to protect himself, as long as he doesn't trample on my rights. i've had this happen to me as well with a handgun. he just set it on top of my tool box while he ran the license. he didn't know me from adam and i can't hardly blame him for doing that. but he then gave it back when he came to the truck. i just brushed it off.

late edit - i agree w/ frank about the registration question. even if the answer is no, unless they're reported stolen you've done nothing wrong. buying/selling guns on here is case in point. can you even register a used gun?? i know for a fact you don't have to. he may have been misinformed/confused about that - or just testing you! haha.


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## John B. (Oct 2, 2007)

Wirelessly posted

Kind of what I was thinking, but on the flip side, these guys have to deal with random people every day. After he came back to my truck he was very polite and we shook hands and went our separate ways.


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## ABailey (May 25, 2010)

Do they have the right to take your weapon back to the car and run your weapon numbers? Just curious, never had to give my weapons over. I have never announced that I had any either. I give only the info they require. I have never be asked if I had any weapons, so if they don't ask, I don't tell.


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## bigbulls (Mar 12, 2008)

A perfect example of a LEO not knowing the laws they are sworn to enforce.

Florida, as with most states, does not have a firearms registration process. Firearms are NOT registered to any one in Florida.... period.


As for him disarming you for your and his safety he is within his powers as an LEO to do so.


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## aaronious45 (Dec 15, 2011)

Long guns can be carried unloaded to and from hunting, they won't say anything to you. I've been stopped multiple times and never had any problems. I usually have a rifle in my rear window rack 90 percent of the time in Santa rosa and escambie county


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## John B. (Oct 2, 2007)

i wasn't really sure what to say when he asked if they were registered to me, so i just said yes, I own them... i guess that's what he was trying to imply? 

not really sure what he could find out by running the numbers???... unless they were stolen i suppose.


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## bigbulls (Mar 12, 2008)

> not really sure what he could find out by running the numbers???... unless they were stolen i suppose.


He can't find out anything at all unless they are stolen AND the serial number reported.


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## Tightline (Oct 4, 2007)

Not to derail any further, but I would like to know if your long gun is considered loaded, if the clip is full and the chamber is unloaded (empty). My remmington doesnt have a detachable clip. I hate dumping bullets in the seat. I usually just keep 4 in the clip, so I can unload the chamber and push it back down in the clip.


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## John B. (Oct 2, 2007)

Wirelessly posted



Tightline said:


> Not to derail any further, but I would like to know if your long gun is considered loaded, if the clip is full and the chamber is unloaded (empty). My remmington doesnt have a detachable clip. I hate dumping bullets in the seat. I usually just keep 4 in the clip, so I can unload the chamber and push it back down in the clip.


I normally do that also


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