Target Sports

Carrying AR pistol in Vehicle.

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  • SGB

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    There is no "2 step rule" nor is there 2 step court ruling.

    In Florida with a Concealed Carry License the "pistol" must be concealed regardless if it is carried on person or not.

    Without a Concealed Carry License a "pistol" in a vehicle must be as has been cited "securely encased" ....

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.25.html

    (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.
     
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    JWlineman

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    "Not readily accessible" is the correct terminology, nor would I have in sight of any vehicles passing by. *hint-tinted windows*
    Behind the passengers seat but accessible to the driver could be an option, they make seat backrest cases/slings/bags.
    I'm not a lawyer, LEO, or ATF though...

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    Jaxon1023

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    I have 5% tint all the way around so no one would see it. I was just curious of where I could mount it.
     

    JWlineman

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    I have 5% tint all the way around so no one would see it. I was just curious of where I could mount it.
    Sweet. I think the backseat case/things are a decent option. You could buy a tennis racket case or the Haley discreet bag and loop it around the headrest.

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    wildrider666

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    Opinion, Short answer: its a firearm, its allowed, if not on your person (no CCW or size too big): it must be encased (see below) and that "size" will probably rule out the glove and center console. I carry a Sig P556 w/optic and inserted 30 rd mag in a Uncle Mikes SMG case. Cut the mag pockets divider stitching into three bigger pockets each holds 2X 30rd mags.

    EXEMPTIONS to FL 790.053 Open carrying of weapons and FL 790.06 License to carry weapon or firearm.-
    FL 790.025

    (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;

    In conveyance, NOT CCW or LEGAL OC (above): not in manual (physical) possession, it must be:
    FL 790.001
    (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.

    I've read opinions on "encased" and almost universally its totally enclosed. Between the seat back and rear wall of the pickup or under a folding seat would not be encased.

    Snapped in a holster. Opinion: Just may not be on your person. No restriction on distance/location from you or other occupants. No restriction from being visible or hidden if snapped in a holster. GRAY AREA: Kydex type holsters that hold by friction of contoured depression may "click-in" but technically it is not a physical snap type device. Same could be said about retention holsters with tilting hoods/loops, push and button releases.

    Scabbard. Opinion: Would not "encase" the entire firearm. If it has a securing device to snap in its just a appropriate size holster with multiple mounting applications like any holster.
     

    FrankT

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    The case I carry mine in, made for that purpose, also have a tennis racket Wilson bag.
     

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    wildrider666

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    SGB in part ... "In Florida with a Concealed Carry License the "pistol" must be concealed regardless if it is carried on person or not.
    A correct stand alone comment but a person with a CCW permit can take of his CC gun/snapped in style holster and toss it on the empty seat and be totally legal. The person has just transitioned from CCW mode to carrying in a conveyance. Or the person can retain his CC weapon on his body and have another snapped in a holster in the seat next to him and be in compliance with all laws: One Lawful "possesion" does not exclude the simultaneously application of the other.

    Think of it as a person with a CWP open carrying while fishing. That person could also CC simultaneously.
     

    FrommerStop

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    I have not found the origin of two or three steps rule. Certainly was never a law.

    This source says if does not exist in Florida
    This supposed to be from a lawyer site
    http://www.floridagunlawyer.com/faq/

    Can I carry a gun in my car if I don’t have a concealed weapon permit?

    Pursuant to Florida Statute 790.25, an individual can possess a firearm in a private vehicle if the weapon is “securely encased or is otherwise not readily accessible for immediate use”. There are different interpretations as to what “securely encased” means, but for example, if the firearm was in a holster in a closed console or glove compartment, you should be okay under Florida law. There is no “two step” or “three step” rule in Florida.
     

    olecarver

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    ((((( Following this,,, )))) I would like to know if our Draco or Ar-15 is Legal as long as it is completely covered but assessable if needed...…. And yes I can understand it should be locked in a trunk of car or tool box on truck when you are not in complete control of the suroundings after you leave your vehical… The CCW laws stae Weapon,,, Not strictly to pistol or revolver ,,,,,Yes NO ??? SO with that said, can a long gun or long barreled shotgun be considered Concealed Weapon legal with your C.C.W. … Concealed Carry Weapons
     
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    John B.

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    When I travel to/from hunting (or to my lease) I almost always have my rifle tucked between the console and passenger seat... not sure what difference it makes being a long gun, but I do it a lot. Not sure of legality, and have been stopped by fwc, and fhp, neither of which seemed to care.

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    wildrider666

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    FL Statute 790.001

    (2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

    (3)(a) “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

    (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.

    ABOVE would apply to weapons in conveyance.

    SGB's Post #36 references the CORRECT limits of what items can be carried I.A.W. a FL CWL.

    Thanks SGB

    ((((( Following this,,, )))) I would like to know if our Draco or Ar-15 is Legal as long as it is completely covered but assessable if needed...…. And yes I can understand it should be locked in a trunk of car or tool box on truck when you are not in complete control of the suroundings after you leave your vehical… The CCW laws stae Weapon,,, Not strictly to pistol or revolver ,,,,,Yes NO ??? SO with that said, can a long gun or long barreled shotgun be considered Concealed Weapon legal with your C.C.W. … Concealed Carry Weapons
     
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    wildrider666

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    This is why we need to quote the Statutes and not some "authority" internet site.

    I was looking at info on the Link below. Some fact, more opinion/interpretation. I threw the bullshit flag when they stated: Under totally encased: The firearm must be in a container*permanently attached to the vehicle. Really? How's that work with "zippered gun case and holster? Better get XXXL generic hard mounted so you can switch guns later. . Also that a gun IN a backpack, STRAPPED on a motorcycle is not lawful! Is that not fully encased? I'm not impressed with these self proclaimed Florida CCW aficionados.

    https://citrusccw.com/florida-3-step-law/#comment-8270
     

    Jason

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    Please lord don't talk about "step rules"... I thought everyone on this forum was smarter than that.

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    What, I like the 2 step!!! Use to wear them gals out on the dance floor with my smooth moves!!!!
     

    SGB

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    ((((( Following this,,, )))) I would like to know if our Draco or Ar-15 is Legal as long as it is completely covered but assessable if needed...…. And yes I can understand it should be locked in a trunk of car or tool box on truck when you are not in complete control of the suroundings after you leave your vehical… The CCW laws stae Weapon,,, Not strictly to pistol or revolver ,,,,,Yes NO ??? SO with that said, can a long gun or long barreled shotgun be considered Concealed Weapon legal with your C.C.W. … Concealed Carry Weapons

    790.06 License to carry concealed weapon or firearm.—
    (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).
     

    FrommerStop

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    790.06 License to carry concealed weapon or firearm.—
    (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

    Seems that a person if they can conceal it under the law can carry anything except a machine gun
    Seems like without a CCW one could carry and conceal a cap and ball revolver if it qualifies as an antique and some pre1918 cartridge guns.
    From 790.001 Definitions.
    (1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
    (9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

    2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
    (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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    SGB

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    Seems that a person if they can conceal it under the law can carry anything except a machine gun

    790.06 License to carry concealed weapon or firearm.—
    (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

    The only firearms covered under a Florida Concealed Weapon or Firearms license statue is specifically noted as being handguns.
     

    FrommerStop

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    But even if limited to a handgun. What is a handgun.
    concealed firearms are defined as a handgun

    Is an ar-15 that is defined as a pistol according to ATF a handgun under florida law? Seems to be if it can be concealed.

    This is what I would like to be sure about.
     

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