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Thread: Carrying a Shotgun in my car or truck

  1. #1
    Member ImpatientKindOfGuy's Avatar
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    Carrying a Shotgun in my car or truck

    I have a carry gun but recently purchased a Maverick 88 for a little more piece of mind around my home.

    My question concerns the law as far as carrying a shotgun in my vehicle if I thought that I may have a problem along the way before reaching a destination.

    What are the do's and don'ts.

  2. #2
    Super Moderator FLRon's Avatar
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    Welcome to the forum. In Gutmacher's book, Florida Firearms, Law, Use & Ownership, Chapter 6, p.83 he states...

    "F.S. 790.25 applies to any legal weapon, including rifles and shotguns. Thus any weapon that is "securely encased" OR "not readily accessible for immediate use" is legal in a private conveyance."

    If you are unsure of the definitions of those two conditions, let me know and I can give you additional information.

  3. #3
    Member ImpatientKindOfGuy's Avatar
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    Hello Ron,

    Thanks for your info. With your help I found the pertinent statute which is 790.25 Lawful ownership, possession, and use of firearms and other weapons:

    (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.

    I would appreciate a little more information if you have available such as what is considered securely encased?
    Is that a soft bag with a zipper or a locked hard case with a lock?

    If "properly encased" does it have to be placed on the front or back seat, under the seat, on the floor, must it be in the trunk etc?

    Also, if it is properly encased and in the proper area of the vehicle, can ammo be in the chamber, only in the magazine or none of the above?

    It is too bad that regular people don't right laws and then most of us could understand them.

    Of course, we would not need lawyers if that were the case.

  4. #4
    Super Moderator FLRon's Avatar
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    Securely encased means that the weapon or firearm is in some type of holster, bag, enclosure, box, or container that is secured with a clasp, lid, zipper, strap, snap, flap, or other device, so that in order to fire or use the weapon, the device must be first opened, removed, or undone. It does not require a lock.

    A briefcase or suitcase, or cardboard box with lid closed also complies.

    To be legal, You can have a firearm in a vehicle securely encased, not readily accessible for immediate use, or both. Any combination is legal.

    Readily Accessible For Immediate Use means that the firearm or weapon cannot be used without some type of difficulty that significantly hinders it's immediate use.

    Court cases establish that this should include a loaded firearm with a trigger lock, or an empty firearm with no ammunition in close proximity. If ammo is in the trunk, it is fine.

    Another example of "not readily accessible for immediate use" is that the gun can't be used inside the vehicle as a practical matter. (such as being too large to move and operate)

    You can legally have a loaded rifle or shotgun in a locked gun rack, as it would not be "readily accessible for immediate use" (although you might not wish to do so for other reasons)

    Source: Gutmacher Florida Firearms, Chapter Six

    So if you keep it loaded, encased in the back seat, you would be OK. If it is out of the case, it must be in a locked rack, or something the renders it inaccessible for immediate use.

    In the end, you are subject to the interpretation and opinions of the officer you come in contact with. You don't wish to become a test case, so to avoid problems, it's best to follow the laws to the letter, like if it is in the case, keep the case actually closed and in the back seat would be even better.

  5. #5
    Distinguished Member T.S.'s Avatar
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    Quote Originally Posted by ImpatientKindOfGuy View Post
    I have a carry gun but recently purchased a Maverick 88 for a little more piece of mind around my home.

    My question concerns the law as far as carrying a shotgun in my vehicle if I thought that I may have a problem along the way before reaching a destination.

    What are the do's and don'ts.
    Welcome!!

    Do you have a Florida Concealed Weapon License?
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  6. #6
    Distinguished Member deadeyedick's Avatar
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    Man, I want one of those police-type shotgun racks in my truck...I have no practical use for such an item, and it would probably just get me into trouble...but it would still be cool to have one.
    "It's Fumbles...it was always Fumbles."

    Dr. Calvin "Fumbles" Killshot

  7. #7
    Member ImpatientKindOfGuy's Avatar
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    Hello Ron,

    Thanks once again for the great information. That makes it pretty clear for me and will agree that I don't want to be a test case. Unfortunately due to the vagueness of this and most other laws, it is left up to the interpretation of that particular LEO.

    Thanks once again.

    Hello TampaSsgt and thanks for the Welcome.

    Yes I do have a Florida Concealed Weapons License as I pocket carry a S&W 642 snubbie while around the house, out and about as well as while I'm driving.

  8. #8
    Senior Member YARDDOG's Avatar
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    Lightbulb

    YOU can ride it on your gun rack It is hunting season in FL./ JUST take it down whwn going in store for any amont of time put it on floor up against seat hides well
    Last edited by YARDDOG; 10-27-2008 at 03:43 PM.

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