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??? Castle Doctrine ??? West Pensacola

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  • amd65

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    Does a bicycle constitute the Extended Castle Doctrine (as a motor vehicle does) in the state of Florida?

    For instance: I have a bicycle with a saddle bag. (called a pannier in the biking world)

    My question is, without a CCW can I legally have a loaded hand gun in my saddle bag - out of sight- while I am biking?

    Understanding the same restrictions apply as if the firearm was in a vehicle.

    Your opinions are greatly appreciated.
     

    skippyt

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    I keep one in the tank bag of my motorcycle, so I don't see why not, as long as it's holstered?

    Sent from my SM-G920T using Tapatalk
     

    rockb

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    790.25.3.(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;

    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.


    The problem I see is that Private Conveyance is not defined in the beginning of 790.

    I did find the link below where someone tried in a backpack while on their motorcycle. As I read it the court found that did not meet the definition of "Private Conveyance"
    http://flbikelaw.org/2013/08/handguns-on-bicycles/

    Not worth the risk. Just get a license.
     

    Jeb21

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    Get a license, you also cannot ride with in a 1000 feet of a school without your CCW license. It does not matter what your destination is, if you are within 1000 feet of a school with a gun and you don't have a license to carry the weapon then you are in violation of Federal law.
     

    Dan1612

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    Closed saddle bag should be ok, as unlike backpack biker dude, the saddle bag isn’t on your person.
    But yes, please just get your permit, it’s really not difficult.
    However, you should know that unlike others in this thread, Im only a sea lawyer, not an actual attorney.
     
    Last edited:

    Telum Pisces

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    It all comes down to private conveyance definition. And I can only find one definition in the entire FL statutes and it's not related to chapter 790. It has to do with burglary laws:

    (3) “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.
     

    oneshot

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    Get your CCW and you wouldn't have to ask these question's, Just take a good class, So you don't have to learn some other things the hard way.. You can then go in and buy a hand gun and walk out with it. Just my 50 cents jj
     
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