Loaded long gun in car legal?

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Great_wun
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Loaded long gun in car legal?

Post by Great_wun » Sat Dec 12, 2015 3:45 pm

I had a coworker tell me that it is against Florida law to keep a loaded long gun (shotgun or rifle) in your own vehicle even if it is inside of a case. He said the law for keeping a gun loaded in the car only applies to handguns. Does anyone know if this is true? I tried searching on google but the laws for storage in the car are for "firearms" and does not specify if it is only for handgun or rifles. Does anyone know if what my coworker said is true?



Fl. Stat. s. 790.251(5) states "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."

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czharry
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Re: Loaded long gun in car legal?

Post by czharry » Sat Dec 12, 2015 5:41 pm

I'm not going to look it up, but somewhere in the area, where it says about firearms in vehicles, one of the sub-statutes says that a long gun (in the back seat?), loaded or unloaded is not a violation.
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870Mike
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Re: Loaded long gun in car legal?

Post by 870Mike » Sat Dec 12, 2015 6:07 pm

Great_wun wrote:...if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use."
Legal. Your friend is wrong.

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(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. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.
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Odessaman
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Re: Loaded long gun in car legal?

Post by Odessaman » Sat Dec 12, 2015 10:28 pm

The section cited in the OP is actually 790.25(5), and it goes on to state:
(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.
Doesn't distinguish between loaded vs. unloaded.
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Rentprop1
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Re: Loaded long gun in car legal?

Post by Rentprop1 » Sat Dec 12, 2015 11:18 pm

other than handgun, anywhere in the vehicle, loaded or not does not matter
In the days of the old west a 6 shooter was as common as cell phones are today and just annoying if they go off in a theater.

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Re: Loaded long gun in car legal?

Post by apvbguy » Sun Dec 13, 2015 8:41 am

Great_wun wrote:I had a coworker tell me that it is against Florida law to keep a loaded long gun (shotgun or rifle) in your own vehicle even if it is inside of a case. He said the law for keeping a gun loaded in the car only applies to handguns. Does anyone know if this is true? I tried searching on google but the laws for storage in the car are for "firearms" and does not specify if it is only for handgun or rifles. Does anyone know if what my coworker said is true?



Fl. Stat. s. 790.251(5) states "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."
your friend is clueless, as long as you are permitted to possess a firearm in FLA you are permitted to have a firearm in your car, loaded or not.
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Rentprop1
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Re: Loaded long gun in car legal?

Post by Rentprop1 » Sun Dec 13, 2015 10:34 am

I'm usually not friends with people who think they know it all and tell you what the law says ....unless they add the statement I'm pretty sure..
If it gets to argument stage ....eff that guy
In the days of the old west a 6 shooter was as common as cell phones are today and just annoying if they go off in a theater.

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Re: Loaded long gun in car legal?

Post by Great_wun » Sun Dec 13, 2015 10:59 pm

Rentprop1 wrote:I'm usually not friends with people who think they know it all and tell you what the law says ....unless they add the statement I'm pretty sure..
If it gets to argument stage ....eff that guy

Not a friend. Just a coworker. I was pretty sure he was misinformed because he couldn't even provide a reference to that law when I asked him to.

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870Mike
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Re: Loaded long gun in car legal?

Post by 870Mike » Mon Dec 14, 2015 12:04 am

Great_wun wrote:...he couldn't even provide a reference to that law when I asked him to.
Every company has one of those guys...

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