Determining the legality of carrying a firearm in each state can be tiring. Although the Second Amendment provides the right for Americans to own a gun in any state, the rules vary widely from state to state. Thankfully, firearm regulations are uniform throughout the state, so you won’t need to worry about your gun rights fluctuating from county to county or city to city.
Whether you are looking to take a day trip to the gun range or you just want a better sense of security while you are out and about, there usually comes a time when a gun owner wants to take their gun into their vehicle. However, after hearing stories of people being arrested or shot by police after they spot a firearm in the car, gun owners may start to wonder if they are allowed to keep a gun in their car at all.
In Florida, a state permit to purchase a gun is not required, nor is a license or registration of the firearm. However, purchasers must be over 21 years of age and adhere to a mandatory waiting period of 3-5 days or until a background check clears. Open carry is not allowed unless in specific circumstances such as hunting, practicing target practice, or other situations as outlined in Florida Statute 790.25.
As far as concealed weapons permits are concerned, Florida is a “shall issue” state, meaning that, as long as an individual meets the minimum requirements set by state law, the issuing authority shall issue the permit.
Florida concealed carry licenses can be issued to both residents and non-residents, and Florida Statute 790.015 allows the recognition of concealed weapons licenses issued by other states as long as the other state agrees to recognize Florida concealed weapons licenses. Currently, Florida’s concealed weapons license is one of the most widely recognized in the country and is accepted in 35 states. For more information on concealed weapon license reciprocity, visit the Florida Department of Agriculture and Consumer Services.
The Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008 codified the long-standing legislative policy that citizens have a constitutional right to possess and keep legally owned firearms within their motor vehicles for self-defense and other lawful purposes. However, this statute does not apply to:
You do not need to hold a concealed carry permit to keep a firearm in your vehicle in Florida, but your gun may not be kept in open view. Weapons must be kept in a concealed location such as a glove box or trunk and cannot be on your person unless you have a concealed weapons license.
If you have been found in possession of a concealed firearm without a valid permit, you could face a felony charge of the third degree along with a stint of up to five years in state prison. For the charge to be valid, the gun must be in a location that is considered to be readily accessible for immediate use. In other words, firearms that are securely encased–such as in a zippered gun case or locked container–are not considered to be “concealed.”
Attorney Thomas Feiter was named the Florida Bar’s Board Certified Lawyer of the Year in 2015 and is Board Certified in criminal trial law. Having lived in Central Florida for over 30 years, he has garnered extensive experience as a trial lawyer defending Orlando residents from criminal charges of all kinds.
At Fighter Law, our team knows how a firearm possession charge can alter the course of a person’s life, so we dedicate ourselves to fight for the rights of our clients. Call (407) 344-4837 or complete an online contact form to discuss your situation with one of our skilled attorneys today and allow us to evaluate your case at no charge to you.
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