I was under the impression that car carry was one thing and concealed carry another. Basically, if not on you then the general rules for car carry would apply. I always carry on me so I’ll admit to not giving that one as much thought as I should have.
Inside a private conveyance and without a CWFL:
Over 18 years of age, not otherwise prohibited from possessing firearms.
A concealed handgun
must be 'Securely Encased"
or otherwise not "Readily Available for Immediate Use" -
790.25(5)
A visible handgun
must be 'Securely Encased" - 790.25(3)(l) [Based on the definitions, snapped in a holster, or in a clear container with a closed lid would appear to qualify as a visible, securely encased firearm.]
A long gun may be carried anywhere, concealed or visible, in your lap, on the seat, on the dashboard, etc. -
790.25(5)
Inside a private conveyance and with a CWFL:
21 years of age or older, not otherwise prohibited from possessing firearms.
A concealed handgun
may be 'Securely Encased" or otherwise not "Readily Available for Immediate Use" - 790.25(5);
OR
Carried on or about your person - 790.06.
A long gun may be carried anywhere, concealed or visible, in your lap, on the seat, on the dashboard, etc. -
790.25(5)
Note for motorcycle riders:
The courts have ruled that a 'Securely Encased' firearm cannot be carried on or about one's person without benefit of a CWFL.
*
AND
'Inside a private conveyance' means wholly within the interior of the vehicle.
This would suggest that:
Without a CWFL, it is very difficult to have a handgun in a motorcycle. [Saddle bags may or may not count as the interior, depending on the LEO, SA, Judge/Jury.]
It is illegal for anyone to carry a long gun while on a motorcycle. [I cannot see a method to get a long gun inside a motorcycle]
Unless you qualify for one of the other exceptions in 790.25(3).
"Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
"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.
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. 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.
790.25(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
. . .
(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;
*
979 So.2d 1048 (2008)
Daniel J. DOUGHTY v. STATE of Florida
No. 4D07-781
District Court of Appeal of Florida, Fourth District
March 19, 2008