Florida laws about carrying without a permit.??
- Thread starter spunky
- Start date
Check handgunlaw.us, and check the laws on the Florida Department of Agriculture site (no idea why, but they handle concealed weapon issues in Florida).
The answer used to be that you could keep a gun in your glove box or center console, but you should check directly from the source.
The answer used to be that you could keep a gun in your glove box or center console, but you should check directly from the source.
ScottRiqui
New member
Under Florida law, it's not unlawful to carry concealed in one's place of business (even if the person carrying is not the business owner). BUT, the fact that the place of business is also a vehicle might add a wrinkle or two.
The best answer is going to be to contact a Florida lawyer who's experienced with the state's firearm laws.
The best answer is going to be to contact a Florida lawyer who's experienced with the state's firearm laws.
Aguila Blanca
Staff
I don't think the Florida law says you can "carry" to your place of business. I think it says you can "transport" between your home and your place of business.
Be careful. I am not a lawyer, but I know enough to have learned that those who try to skirt the fringes of the law usually run afoul of the law.
Be careful. I am not a lawyer, but I know enough to have learned that those who try to skirt the fringes of the law usually run afoul of the law.
Coyote Blue
New member
Here is Florida Statue 790.25 which was probably written on a bad hair day. See subsection 
.
http://www.flsenate.gov/Laws/Statutes/2011/790.25
IANAL, but brick and mortar is probably gonna be necessary.
Check with a competent Florida firearms attorney like Jon Gutmacher.
.http://www.flsenate.gov/Laws/Statutes/2011/790.25
IANAL, but brick and mortar is probably gonna be necessary.
Check with a competent Florida firearms attorney like Jon Gutmacher.
ScottRiqui
New member
The Florida statues regarding vehicle carry specify a "private conveyance". Here, we have a case where the "place of business" is a vehicle, but it's not a "private" vehicle if it's being used for a business (and this is likely still the case even if he owns the ice cream truck himself).
This is definitely something for a lawyer.
This is definitely something for a lawyer.
stephen426
New member
Spunky,
Cough up the $50 or so and take the concealed weapons course at the next gun show. Then pay the $112 for the concealed weapons permit. The license is now valid for 7 years!
The securely encased part usually means in the glove box or center console. I have heard some police officers say it must also be in a snapped holster or zippered bag. Nothing in the statutes quoted above indicate that. If you are legally able to get a concealed weapons permit, I strongly suggest you just go that route.
Cough up the $50 or so and take the concealed weapons course at the next gun show. Then pay the $112 for the concealed weapons permit. The license is now valid for 7 years!
The securely encased part usually means in the glove box or center console. I have heard some police officers say it must also be in a snapped holster or zippered bag. Nothing in the statutes quoted above indicate that. If you are legally able to get a concealed weapons permit, I strongly suggest you just go that route.
ScottRiqui
New member
Whether or not patrons can access the interior isn't the potential issue that concerns me. I'm concerned because:
1) The Florida statues quoted so far regarding vehicle carry have only talked about private conveyances, and an ice cream truck might not qualify, regardless of whether the OP is the owner or not.
2) The statutes allow for carry (even concealed) without a permit in a place of business, but I'm not positive that would apply when the place of business is a vehicle. Maybe it does, maybe it doesn't, but that's the point that concerns me the most.
1) The Florida statues quoted so far regarding vehicle carry have only talked about private conveyances, and an ice cream truck might not qualify, regardless of whether the OP is the owner or not.
2) The statutes allow for carry (even concealed) without a permit in a place of business, but I'm not positive that would apply when the place of business is a vehicle. Maybe it does, maybe it doesn't, but that's the point that concerns me the most.
Coyote Blue
New member
Right it is not spelled out in 790.25
. Therefore ambiguous and bad hair. Definitely need Legal on this baby.stephen426
New member
Guys... forget going legal with this. It will cost a lot less to just get the darn permit! After he gets his permit, it will be a non-issue. He can then carry it pretty much where ever he darn well pleases.
That is also true, and the process is not overly difficult. Fingerprinting at the Sheriff's Department; proof of training (Florida approved course or DD-214, though I suggest taking the class just to learn Florida's carry and self defense rules); an application form and a fee. Took about three weeks in 2007; not sure how long it takes now, as I no longer live in Florida.
Coyote Blue
New member
Maybe the man has a reason for not getting or maybe not being able to get the permit. Just sayin'. 
Speak,Spunky!
Speak,Spunky!
Ok thanks everyone. There is a gun show in Palmetto today where I can take the class and start the process to get my permit. I think I may still ask a friend of mine who is with the police department. The statutes do not clarify on this. I think that I probably could go ahead and carry, and use this as a defense if I got charged. This is one of those "gray areas" my teacher in a business law class I took in college was talking about. I really do nrot want to be arrested or pay for an attorney just to find out. I am a woman and I have been working this truck without a gun for 10 years now. I did have to mace someone once.Thanks.
Coyote Blue
New member
Thank you,spunky. I hope you start the permit process. Once acquired,that will eliminate the gray area. Running an ice cream truck can be a risky business as we know.
Having the means to protect yourself and without legal issues should be a large positive. Good luck!
Having the means to protect yourself and without legal issues should be a large positive. Good luck!
Aguila Blanca
Staff
A police officer would the LAST person you should ask. Police officers are not especially knowledgeable about laws, especially laws they don't write tickets for every day. In my home state, I had a police captain (the nephew of the woman I was dating at the time, so he wasn't trying to shine me) tell me it was perfectly legal for me to transport a handgun to shooting range with no permit.spunky said:
Turns out, in my home state that is 100 percent wrong. Doing so is a felony offense.
I have since obtained my permit. When I encounter police officers at the range, I sometimes test them while chatting. Had two officers from the nearby city tell me that it's illegal to open carry in this state, even with a permit.
Wrong again.
Go ahead and ask a cop but, if you do, you should proceed on the basis that what he tells you will most likely be wrong. If he tells you that what you want to do is legal, you should absolutely assume he is wrong unless you get independent confirmation from an attorney whom you are paying to give you solid advice.
Or you could go ahead and do what you propose. If you get arrested and charged, you can certainly use your interpretation of what even you acknowledge as a gray area in the law as a defense. You can also lose your case based on that defense and go to prison. Is it REALLY worth the risk?
Florida law requires a handgun in a conveyance to be "encased"...
It has been determined that encased means in an encasement which may be a glove box, console, gun case or holster...
It does not have to be in a "compartment" at all...
in fact, it can be anywhere in the vehicle (so long as out of sight to the passerby) such as under the seat, between the seat and console or other seat as long as it is in a case or holster...
It can be in any state of readiness you desire up to and including loaded, round chambered, not on safety etc...
The limit of a CCW permit is that if the person is not a permit holder, he/she may not have the firearm "on the person"...
As for whether or not the vehicle is private or business... i do not know that part... I do know that many MANY years ago, i was in violation when I had my mossberg in my dump truck but I think that was a D.O.T. commercial vehicle regulation rather than a florida statute...
Brent
It has been determined that encased means in an encasement which may be a glove box, console, gun case or holster...
It does not have to be in a "compartment" at all...
in fact, it can be anywhere in the vehicle (so long as out of sight to the passerby) such as under the seat, between the seat and console or other seat as long as it is in a case or holster...
It can be in any state of readiness you desire up to and including loaded, round chambered, not on safety etc...
The limit of a CCW permit is that if the person is not a permit holder, he/she may not have the firearm "on the person"...
As for whether or not the vehicle is private or business... i do not know that part... I do know that many MANY years ago, i was in violation when I had my mossberg in my dump truck but I think that was a D.O.T. commercial vehicle regulation rather than a florida statute...
Brent
Texshooter
New member
My crazy uncle Larry, from Poxtacalihatcheewixum Fl., made one of those 4 sided cardboard cutouts of his truck (painted too) and put some straps to go over his shoulders. Everywhere he goes, he is in his truck.
Just kidding, as if you didn't know, to lighten it up on a Sunday nite.
Only thing I know to do is check with the state. ????
Just kidding, as if you didn't know, to lighten it up on a Sunday nite.
Only thing I know to do is check with the state. ????
If you own a gun in Florida, this is a good book to have.
http://www.floridafirearmslaw.com/
If you buy the book and have a question, Jon Gutmacher is very good about answering it for free. He probably knows more about firearms laws in Florida than anyone else you would want to contact.
If the vehicle is a private vehicle, not for hire, like a taxi or limo, owned by you, driven by you, it can be securely encased anywhere in the vehicle, but not on your person, unless you have a permit.
But be very careful about this. While this means that you could keep a handgun under the counter in a thumb break holster, you may run into a police officer who may disagree. A similar ssituation happened to one of the guys on Florida Shooters Network a few years ago, and while he was in the right, it cost him over $7000 to clear his name.
Glad you're getting the permit. That way it's on you. Not only is it safer legally, but you're safer if you step out of the truck to get lunch, get gas, or check for a flat.
http://www.floridafirearmslaw.com/
If you buy the book and have a question, Jon Gutmacher is very good about answering it for free. He probably knows more about firearms laws in Florida than anyone else you would want to contact.
If the vehicle is a private vehicle, not for hire, like a taxi or limo, owned by you, driven by you, it can be securely encased anywhere in the vehicle, but not on your person, unless you have a permit.
But be very careful about this. While this means that you could keep a handgun under the counter in a thumb break holster, you may run into a police officer who may disagree. A similar ssituation happened to one of the guys on Florida Shooters Network a few years ago, and while he was in the right, it cost him over $7000 to clear his name.
Glad you're getting the permit. That way it's on you. Not only is it safer legally, but you're safer if you step out of the truck to get lunch, get gas, or check for a flat.