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Picture of Krazeehorse
posted
We are driving to Florida mid November. Ohio has reciprocal agreements with all the states we will be driving in. My question is where do I find the laws regarding the weapon if it is not on my person in the car? If I have it in a locked case on the floor is that adequate in all states involved? The vehicle is a Honda Odyssey so no separate space (which really negates the utility of the gun) to separate gun and ammo.


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Posts: 5689 | Location: Ohio | Registered: December 27, 2008Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
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https://handgunlaw.us/

FL

Reciprocity/How This State Honors Other States Permit/Licenses

790.015 Nonresidents Who Are United States Citizens and Hold a Concealed Weapons License In Another State;

Reciprocity.

(1) Notwithstanding s. 790.01, a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:
(a) Is 21 years of age or older.
(b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.
(c) Is a resident of the United States.

(2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.

(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by:
(a) Registering to vote;
(b) Making a statement of domicile pursuant to s. 222.17; or
(c) Filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence.

(4) This section applies only to nonresident concealed weapon or concealed firearm license holders from states that honor Florida concealed weapon or concealed firearm licenses.

(5) The requirement of paragraph (1)(a) does not apply to a person who:
(a) Is a service member, as defined in s. 250.01; or
(b) Is a veteran of the United States Armed Forces who was discharged under honorable conditions.

(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 selfdefense 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.

790.001 Definitions.-- As Used in This Chapter, Except Where the Context Otherwise Requires: (17) "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.
 
Posts: 23558 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
No, not like
Bill Clinton
Picture of BigSwede
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Check link, interactive map

https://www.nraila.org/gun-law...e=20151128&endDate=2

GA, your car is an extension of your home. Carry wherever you want except Gov't buildings. The no guns allowed signs on businesses carry no weight



 
Posts: 5346 | Location: GA | Registered: September 23, 2009Reply With QuoteReport This Post
Savor the limelight
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What states will you be traveling through? It’s probably a mistake on my part, but I’ve never given it a second thought in Ohio, Kentucky, Tennessee, Georgia, and Florida. Loaded handgun is either on my person, in the door pocket while I’m in the vehicle, or locked in a case like yours. Everything else is cased unloaded with ammo stored separately.

I don’t know about West Virginia, Virginia, North Carolina, or South Carolina. I know one of them had a law about knives that I learned later that I had violated.
 
Posts: 11003 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
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Picture of Krazeehorse
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I'll go down 75 so KY TN GA then FL. Back up 95 to 77 so add SC NC VA and WV to the mix. Not concerned about carrying. Just want to be legal when it's not in a holster while I'm driving.


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Be careful what you tolerate. You are teaching people how to treat you.
 
Posts: 5689 | Location: Ohio | Registered: December 27, 2008Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
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Many people refer to those states as "free states" for good reason.
I've driven north to Ohio several times and usually thought of Ohio as the more restrictive state of the lot although that has improved in recent years.
I'd guess that in any state you'd be most at risk if you happen to be in an urban area with the wrong political management, although the law itself is still on your side as are most LE.


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Posts: 9537 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
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In 2018 I rode down and back but never took it off my hip on the Harley. It IS nice when common sense seems to prevail.


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Be careful what you tolerate. You are teaching people how to treat you.
 
Posts: 5689 | Location: Ohio | Registered: December 27, 2008Reply With QuoteReport This Post
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On the trip down...

TN, signs have force of law and you must inform officer if stopped.
FL, CC only.

Everything else should be GTG.

handgunlaw.us is where I do my research when traveling.




 
Posts: 10056 | Registered: October 15, 2008Reply With QuoteReport This Post
I Deal In Lead
Picture of Flash-LB
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quote:
Originally posted by Excam_Man:
On the trip down...

TN, signs have force of law and you must inform officer if stopped.
FL, CC only.

Everything else should be GTG.

handgunlaw.us is where I do my research when traveling.


Me too. The owner is a member here.
 
Posts: 10626 | Location: Gilbert Arizona | Registered: March 21, 2013Reply With QuoteReport This Post
That rug really tied
the room together.
Picture of bubbatime
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Florida requires a firearm to be securely encased in the passenger compartment. That means that is must be in a closed glove box, closed center console, a zippered gun pouch, or some other manner similar manner with a closed box. As long as there is a box with a closed lid, its legal. It can be fully loaded and chambered, in the car, as long as the center console or glove box is closed.

I am unsure how having a CCW applies, or if it negates the "securely encased" potion of the law. I suspect that it might negate that, but dont know any case law to be certain.


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Posts: 6662 | Location: Floriduh | Registered: October 16, 2004Reply With QuoteReport This Post
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Picture of dan03833
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quote:
Originally posted by Krazeehorse:
We are driving to Florida mid November. Ohio has reciprocal agreements with all the states we will be driving in. My question is where do I find the laws regarding the weapon if it is not on my person in the car? If I have it in a locked case on the floor is that adequate in all states involved? The vehicle is a Honda Odyssey so no separate space (which really negates the utility of the gun) to separate gun and ammo.


Call the State Police in the states you are unsure of. Make note of the day date time and name of person you speak with.
 
Posts: 1539 | Location: Rhode Island | Registered: February 15, 2007Reply With QuoteReport This Post
אַרְיֵה
Picture of V-Tail
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quote:
Originally posted by bubbatime:

Florida requires a firearm to be securely encased in the passenger compartment. That means that is must be in a closed glove box, closed center console, a zippered gun pouch, or some other manner similar manner with a closed box. As long as there is a box with a closed lid, its legal. It can be fully loaded and chambered, in the car, as long as the center console or glove box is closed.
The preceding is correct. I just want to add that the "enclosure," whatever it is, does not need to be locked. Just closed.



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Posts: 30716 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
His Royal Hiney
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I use a free phone app called "legal heat." You click on a state and it tells you which states accept that state's CCW and also which states' CCWs are accepted by that state. It also has a tab for open carry.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 19697 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
Thank you
Very little
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quote:
Originally posted by bubbatime:
Florida requires a firearm to be securely encased in the passenger compartment. That means that is must be in a closed glove box, closed center console, a zippered gun pouch, or some other manner similar manner with a closed box. As long as there is a box with a closed lid, its legal. It can be fully loaded and chambered, in the car, as long as the center console or glove box is closed.

I am unsure how having a CCW applies, or if it negates the "securely encased" potion of the law. I suspect that it might negate that, but dont know any case law to be certain.


Correct, non permit holders may have a loaded pistol in the car with them but it must be in a compartment secured, zippered or snap pouch, not readily available to you or your passengers.

I was taught and from what I've read, CWP holders are not bound to the storage requirement as the car is an extension of you and thus you can have your carry on your person.

Carrying Firearms in Private Vehicles
When concerning private vehicles, the concept of Possession of Private Conveyance comes into play. Located in subsection (5) of Florida Statute 790.25, Possession of Private Conveyance states that it is legal for an individual to carry a concealed weapon in their car without a permit.

However, for this law to apply, you must meet specific criteria. Here are the requirements for carrying a loaded gun in your car:

You must be 18 years old or older. This statute does not protect anyone under the age of 18 years old at the time of the offense.

You must have a viable reason to own a gun. You must have the gun in your car for self-defense or other lawful purposes, such as driving to and from an outing that involves lawful hunting or marksmanship practice.

The gun cannot be on your person. The statute specifies that the gun must be “within the interior of a private conveyance” (in other words, inside of your vehicle) and does not protect you if the gun is on your person.

The gun must be securely encased or otherwise not readily accessible. You must keep your gun secured and ensure it cannot be grabbed easily by any passengers. This may involve having it snapped into a holster, stored in a glove compartment, or put in a gun case with a cover (locked or unlocked). No matter where it is, make sure the weapon is not “readily accessible for immediate use” and well out of your immediate reach.

The Possession in Private Conveyance subsection only applies to people who do not have a concealed carry permit.

If you do have a permit, you may lawfully carry a concealed weapon in your vehicle according to Florida law.

Ye Olde Link
 
Posts: 23558 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
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The securely encased requirement only applies to those without a CWL. That’s FL Statute 790.25 (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.”

As constitutional carry states, I don’t believe TN or KY have any specific requirements firearms in vehicles. I only lock mine up because I have kids. I’m fairly sure leaving kids of any age in a vehicle with unlocked, loaded firearms is not legal in most states and I wouldn’t do it if it were legal.
 
Posts: 11003 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
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Always learn something here.
So if I have a CCW from a state that doesn’t recognize FL, and don’t meet all the points in HRK’s post, I can’t carry on body in FL, but can carry encased (but not locked) in my car?
Is that correct?
Didn’t know that.
 
Posts: 826 | Location: Baltimore, MD | Registered: March 29, 2009Reply With QuoteReport This Post
אַרְיֵה
Picture of V-Tail
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quote:
Originally posted by ScotP7:

Always learn something here.
So if I have a CCW from a state that doesn’t recognize FL, and don’t meet all the points in HRK’s post, I can’t carry on body in FL, but can carry encased (but not locked) in my car?
Is that correct?
Almost correct.

Everything that you said is true, but you do not even need "a CCW from a state that doesn’t recognize FL." You can have a handgun in your car if it is "securely encased" (example, in a gun rug that is zipped closed, or just naked in your glove compartment), whether or not you have a concealed weapons permit, as long as you are not legally prohibited from owning a firearm in Florida -- basically, if you can answer all the questions on a 4473 "properly."



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Posts: 30716 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
Non-Miscreant
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quote:
Originally posted by dan03833:


Call the State Police in the states you are unsure of.


We had a nearly identical post some years back. The unsure guy called a Kentucky State Police post and asked the guy on the desk that same question. His response was classic. "Everyone else carries, I don't know why you should be any different". Here in KY, no one gives a shit. You just assume everyone else is carrying. Be polite, this is the south after all.


Unhappy ammo seeker
 
Posts: 18389 | Location: Kentucky, USA | Registered: February 25, 2001Reply With QuoteReport This Post
Do---or do not.
There is no try.
posted Hide Post
quote:
Originally posted by bubbatime:
Florida requires a firearm to be securely encased in the passenger compartment. That means that is must be in a closed glove box, closed center console, a zippered gun pouch, or some other manner similar manner with a closed box. As long as there is a box with a closed lid, its legal. It can be fully loaded and chambered, in the car, as long as the center console or glove box is closed.

I am unsure how having a CCW applies, or if it negates the "securely encased" potion of the law. I suspect that it might negate that, but dont know any case law to be certain.


In Florida, a “snapped” holster on your person also meets the definition of “securely encased” while in a vehicle.
 
Posts: 4505 | Registered: January 01, 2004Reply With QuoteReport This Post
Member
Picture of DougE
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quote:
Originally posted by rburg:
quote:
Originally posted by dan03833:


Call the State Police in the states you are unsure of.


We had a nearly identical post some years back. The unsure guy called a Kentucky State Police post and asked the guy on the desk that same question. His response was classic. "Everyone else carries, I don't know why you should be any different". Here in KY, no one gives a shit. You just assume everyone else is carrying. Be polite, this is the south after all.


That about sums up Kentucky. Nobody gives a shit except maybe in the Louisville area, and maybe Lexington, these days.



The water in Washington won't clear up until we get the pigs out of the creek~Senator John Kennedy

 
Posts: 987 | Location: Richmond, KY | Registered: February 02, 2010Reply With QuoteReport This Post
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