Can I Carry a Gun in my Car in Florida?
The Second Amendment of the U.S. Constitution grants American citizens the right to own and bear arms. However, this right is subject to regulations that differ across the states. In Florida, especially, the laws governing the possession of firearms in vehicles can be complex and sometimes confusing.
These laws become even more pertinent if you are involved in a car accident and have a firearm in your vehicle at the time. If you are unsure what to do after a car accident involving firearms, we’re here to help. The team at Fine, Farkash & Parlapiano P.A. is dedicated to helping you better understand the complexities of these laws.
Overview of Carrying a Firearm in Florida
Under Florida law, individuals are generally allowed to carry a firearm in their vehicle, but there are some nuances to understand. It’s important to note Florida Statute 790.053 prohibits the open carry of firearms in public, which includes visible display in a vehicle, except under specific circumstances.
What is Concealed Carry?
Concealed carry involves discreetly carrying a firearm, either on the person or nearby. For a firearm to be considered concealed in a vehicle, it should not be visible to an ordinary observer. This can include being carried on the person in a holster that is not visible or stored in a location in the vehicle that is not readily observable.
What are the Requirements for Carrying a Gun in My Car in Florida?
To legally carry a gun in your car in Florida, you must adhere to the following requirements:
- Securely Encased or Not Readily Accessible: As per Florida Statute 790.25, the firearm must be securely encased or not readily accessible.
- Age and Legal Eligibility: You must be of legal age and not prohibited from possessing a firearm due to a criminal background or mental health issues.
- Compliance with Federal Laws: Additionally, you must comply with federal laws governing the transportation of firearms.
Eligibility for Carrying a Firearm in Florida
In Florida, eligibility for carrying a firearm is governed by a set of criteria that ensures the safety and legal compliance of gun owners. These criteria include factors like age, criminal background, and mental health status. Understanding these eligibility requirements is important for anyone looking to legally carry a firearm in the state.
Who is Eligible to Carry a Firearm in Florida?
The eligibility to carry a firearm in Florida is determined by several factors:
- Residency Status: Both residents and non-residents can apply for a Florida concealed carry license, with specific documentation required for non-residents.
- Background Check: Applicants must pass a criminal background check, ensuring they are not convicted felons or have a criminal record involving violence or substance abuse.
- Mental Health: A history of mental illness can disqualify an individual, especially if there was a prior institutionalization for mental health reasons.
- Training Requirement: Applicants must complete a firearms training course that covers weapon safety, shooting proficiency, and legal aspects of firearm use.
Is It Legal to Have an Unloaded Gun in My Private Vehicle?
In Florida, it is legal to have an unloaded gun in your private vehicle, provided it is securely encased or not readily accessible. Securely encased means in a glove compartment, snapped in a holster, in a gun case, or in a closed box or container. This allows for the safe and legal transport of firearms in a vehicle, even without a concealed carry permit.
Can I Carry a Gun Without a Permit or License?
On April 3, 2023, Florida’s Governor Ron DeSantis enacted House Bill 543. This legislation eliminates the requirement for a permit to carry a concealed firearm in Florida. Effective from July 1, 2023, individuals can legally carry a concealed weapon, such as one placed in a vehicle’s glove compartment, without needing a license to carry, provided the firearm is legally owned.
Are There Any Age Restrictions on Carrying Firearms in Florida?
Yes, there are age restrictions for carrying firearms in Florida:
- Minimum Age for Possession: The general age for legally possessing a firearm in the state remains at 18 years of age. This refers to the ownership and handling of firearms, distinct from the concealed carry provisions.
- Minimum Age for Concealed Carry: Despite the permitless carry law introduced by House Bill 543, individuals must still be at least 21 years of age or older to legally carry a concealed firearm in Florida.
- Exceptions: Certain exceptions apply, such as for members of the military and law enforcement personnel, who may have different age-related regulations.
Regulations and Laws for Carrying Guns in My Vehicle
In Florida, specific regulations and laws govern the carrying of guns in vehicles to ensure public safety and legal compliance. These laws primarily focus on how the firearm is stored and who is allowed to carry them. It’s important for gun owners to familiarize themselves with these laws to avoid legal complications.
What are the Rules for Having a Loaded Gun Inside my Vehicle?
The rules for having a loaded gun inside a vehicle in Florida are clearly defined:
- Securely Encased or Not Readily Accessible: A loaded gun in a vehicle must be securely encased or not readily accessible. This means it can be in a glove compartment, a holster, a gun case, or a closed box.
- Visibility and Accessibility: The firearm should not be openly visible or immediately accessible to the driver or passengers unless the carrier has a concealed carry license.
These regulations are designed to ensure that firearms are transported in vehicles responsibly.
Are Certain Types of Firearms Prohibited from Being Transported in My Vehicle?
In Florida, most types of firearms can be legally transported in a vehicle if they are securely encased or not readily accessible. However, there are some restrictions:
- Fully Automatic Firearms and Short-Barreled Shotguns/Rifles: These are generally restricted under both Florida and federal law unless the owner has specific licensing.
- Firearms with Altered Serial Numbers: It is illegal to transport firearms with removed, altered, or obliterated serial numbers.
- Firearms Prohibited by Federal Law: Any firearm that is illegal under federal law is also prohibited in Florida.
Does the Law Change Depending On Where I’m Driving Through or Visiting?
The laws regarding carrying a firearm in a vehicle can change depending on the jurisdiction:
- Within Florida: The state laws are generally consistent throughout Florida, but some municipalities may have specific ordinances, especially related to the discharge of firearms.
- Traveling to Other States: When crossing state lines, you must comply with the firearm laws of the states you are entering. Reciprocity and recognition of Florida’s concealed carry permits can vary significantly.
- Federal Property and School Zones: Special regulations apply when driving through federal property or school zones, where firearm possession may be more stringently regulated.
Where Can I Not Take My Weapon While Driving In Florida?
When driving in Florida, it’s important to be aware of places where you cannot take your weapon. These include:
- Federal Buildings and Facilities: Under federal law, it is prohibited to carry firearms into federal buildings. This restriction, outlined in Title 18, United States Code, Section 930, applies to all federal facilities, including courthouses, government offices, and post offices.
- School Property: According to Florida Statute 790.115, firearms are generally not permitted on school property. This statute encompasses all K-12 schools, including their parking areas and school functions.
- Airports: As per federal regulations and Florida state laws, carrying a firearm in the secured areas of airports is strictly prohibited. This is to ensure the safety of all passengers and staff within these high-security zones.
- Law Enforcement Stations: Firearms are not permitted inside police stations or sheriff’s offices.
- Places with Posted Prohibitions: Private properties and businesses in Florida have the right to post signs prohibiting firearms on their premises. This is backed by Florida Statute 790.06, which allows property owners to set their firearm policies.
Are There Restrictions on How Close I Can Take My Weapon to Schools, Colleges, or Universities?
Florida has specific restrictions on carrying firearms in proximity to educational institutions:
- K-12 Schools: Firearms are generally not allowed on school grounds or within school safety zones, which can extend beyond the physical boundaries of the school.
- Colleges and Universities: Some institutions may allow secured weapons in vehicles in parking areas but prohibit carrying them on the campus itself.
Always be aware of the boundaries of these institutions, as carrying a firearm within a certain distance of school properties may be restricted.
Storing Weapons Inside Private Vehicles
When it comes to storing weapons inside private vehicles in Florida, there are specific guidelines that must be followed to ensure legal compliance and safety. The state law mandates that any firearm within a vehicle must be securely encased. This means the firearm should be in a glove compartment, a gun case, or a locked box, which helps in preventing unauthorized access and use.
Moreover, particular care must be taken when firearms are left in unattended vehicles. In these cases, the firearm should be stored out of sight, ideally in a locked compartment. This is not just a legal requirement but also a critical safety measure to prevent theft and ensure that the weapon does not fall into the wrong hands. These practices ensure both the safety of the gun owner and the public, especially in scenarios where vehicles are left in public spaces.
If you find yourself involved in a car accident while having a firearm or other weapon in your vehicle, understanding Florida’s firearm regulations becomes a critical aspect of the situation. At Fine, Farkash & Parlapiano P.A., we specialize in guiding our clients through the complexities of the legal process after a car accident. Our commitment extends to ensuring you are informed about how these regulations intersect with post-accident procedures. For a free consultation, contact us today.
Sources:
Constitution of the United States: Second Amendment | Constitution Annotated
CS/HB 543: Public Safety | The Florida Senate
Items Prohibited in Federal Facilities | Interagency Security Committee
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.