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vladbutsky
02-05-2010, 1:53 PM
I understand that this is California, but I thought may be some people already know the answer.

I don't have Florida CCW, but I would like to have a gun with me while I'm on vacation. I searched the web and found this: http://licgweb.doacs.state.fl.us/news/concealed_carry.html

QUESTION 6. I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options?

Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

Section 790.25(5), which deals specifically with possession in a private conveyance 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. 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." (Emphasis added.)

Section 790.001(17) defines the term "securely encased" to mean "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."

So, while you cannot carry the weapon on your person, you can at least have it nearby in your vehicle while traveling.


1. I can have a loaded gun concealed on me when I'm in my hotel room (assuming hotel doesn't have its own rules about that). Is this correct?

2. As I understand, I can have a loaded gun in the glove compartment while I'm driving. Is this correct?

3. It is not clear to me if I will violate the law when I carry locked loaded or unloaded gun from my residence to my car. I can't find any answer on this one.


Thanks!

GaryV
02-05-2010, 4:42 PM
1. That is correct. In fact, even if the hotel has rules, it is still not illegal. The hotel room is at that point your dwelling under Florida law, and you are legally okay.

2. Yes, you may legally have a loaded gun in your vehicle in the glove box or center console, as long as it is closed. It does not need to be locked. Florida law requires that the gun be "securely encased". Case law says that this means in any container, including those mentioned above, with a covering or closure that would require you to first open the container before you could fire the gun. If you have the gun in a closed soft bag, that would also be okay, unless you could manipulate the trigger through the bag. The gun may even be visible (though it's not recommended), such as in a holster, as long as it has a snapped closure that requires manipulation separate from drawing the gun. However, you could not wear the holster as the law does specify that you may not have the weapon on your person without a CWL.

3. This is the tricky one. Unless you're staying in a private residence and can travel between your vehicle and the residence without crossing public property or any common areas (condo, apartment, or hotel hallways or parking lots), you cannot legally carry AT ALL, without a CWL, except under certain exceptions. That's right, if you own a condo, unless you have an attached private garage, you may not legally carry any gun to or from your car, unless you have a CWL, or are traveling directly to or from 1) a gun shop/smith, 2) a hunting or fishing trip, or 3) a gun range.

Also remember that Florida does NOT allow open carry, even unloaded.

If you have time, I highly recommend getting the non-resident CWL. It significantly cuts down on all the confusing BS that Florida still has on the books, because it basically automatically exempts you from almost all of it.

vladbutsky
02-05-2010, 5:13 PM
Thank you for the clarification!
I have less than 2 month left before I will be there so getting CWL does not seem to be an option now.
So if I cannot carry gun without CWL (unless from gun shopt, reange, etc.), how do I ever get from the airport to the hotel?! Is there any transportation exceptions to the law?
It looks like an impossible task now :(

GaryV
02-05-2010, 6:21 PM
Thank you for the clarification!
I have less than 2 month left before I will be there so getting CWL does not seem to be an option now.
So if I cannot carry gun without CWL (unless from gun shopt, reange, etc.), how do I ever get from the airport to the hotel?! Is there any transportation exceptions to the law?
It looks like an impossible task now :(

2 months may not be enough, but then again, it might be. The state is legally obligated to process your license application within 90 days. Sometimes they push that limit, but often they don't. I've known people to get them in as little as 3 weeks, and I've heard that non-resident permits tend to get processed faster than resident permits, but I can't verify that.

You've definitely hit upon one of the main flaws in Florida gun laws. You can carry on public transportation or in a cab (the law is a little vague on the specifics, but if it's in a locked case that is in your luggage, as it probably would be if you're flying, you should be fine), so getting to the hotel is no big deal, even if you don't rent a car. The problem is getting from your transport to your room. All of that area is a common area, and without the CWL, you're not legal.

Here are the exceptions (long list):

(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;

(n) 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.

Unless you fall into one of those categories, or have a CWL, you are not legal transporting the gun from the baggage claim to your car, or from your car to your room.

There are only three possible solutions:

1. Apply for the Florida CWL and hope you get it in time (here's the link to their application http://licgweb.doacs.state.fl.us/FORMS/FormsRequest790.html)

2. Go unarmed. You won't be allowed to carry when you are out and about on foot anyway, when you're most likely to need it, unless you get the CWL.

3. You could just ignore the "common places" prohibition, as long as you are going directly to and from your car/hotel room. Unless you are going to have some reason to be stopped and searched by the police in that short distance, or you're foolish enough to make it obvious you have a gun, there's very little chance that it would be a problem. I'm certainly not suggesting you should do this, but it is an option

Also, how do you plan to secure the gun when you park in places you plan to visit? You can't take it with you.

GaryV
02-05-2010, 6:37 PM
By the way, anyone who has plans to visit Florida and is interested in the laws of the state concerning weapons, this is an absolutely indispensable read:

http://www.floridafirearmslaw.com/p/Florida-Firearms-Law-Use-Ownership-Book.html

Everything you want or need to know, including case law, updated regularly as needed. It's the gun owner's bible in Florida.

vladbutsky
02-05-2010, 10:31 PM
Thank you!

I definetely need to research their laws more.