Permitless carry inside a vehicle after July 1st

iLYKEcheez said:

So, there seems to be some confusion regarding concealed carry in a vehicle without a permit after HB543 goes into effect on 01JULY2023, with various persons "having heard from someone" or read on a blog that it would be illegal. I originally just commented in a single thread where people were discussing the legality of CC'ing in a vehicle without a permit- but after seeing the same misconception stated in several other threads, I decided to make a completely new post in hopes of educating as many people as possible.

The bottom line is, A PERMIT WILL NOT BE REQUIRED TO CONCEAL CARRY INSIDE A VEHICLE after July 1st.

Following is the section of HB543 as-passed that outlines this, that I believe many people missed. Starting at line 966, 790.25 is ammended; lines 1139-1142 of the bill, specifically, cover carrying in a conveyance/motor vehicle (the revised text of FS 790.25 subsection 4, paragraph b, subparagraph 2)


"Section 14.

Subsection (2), subsection (3), and subsection (5) of section 790.25, Florida Statutes, are amended to read: 790.25 Lawful ownership, possession, and use of firearms and other weapons.—

.....

(4) POSSESSION IN PRIVATE CONVEYANCE.—

(a) Notwithstanding s. 790.01, a person 18 years of age or 1126 older who is in lawful possession of a handgun or other weapon may possess such a handgun or weapon within the interior of a private conveyance if the handgun or weapon is securely encased or otherwise not readily accessible for immediate use. A person who possesses a handgun or other weapon as authorized under this paragraph may not carry the handgun or weapon on his or her person.

(b) This subsection does not prohibit a person from carrying a:
1. Legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use; or
2. Concealed weapon or concealed firearm on his or her person while in a private conveyance if he or she is authorized to carry a concealed weapon or concealed firearm under s.790.01(1).

(c) This subsection shall be liberally construed in favor 1143 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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Welcome to the Florida Concealed Carry (FCC) forum from Palm Beach County, iLYKEcheez!🍻

First off, I realize you're new here, but this has been discussed at length here in FCC in this thread! So before making assumptions about FCC member misconceptions, you might read the whole thread and the previous threads when HB543 was filed. Bottom line is, we know permitless concealed carry on your person in a vehicle was NOT part of the Permitless Carry HB543 and therefore not legal. What we do know is that carry within the vehicle, as long as the firearm is securely encased and not readily available for immediate use (e.g., stored in the center console, glove box, etc.) is already lawful.

Secondly, since this was your very first post to FCC without first introducing yourself as described here, please now take the time to properly post you're own Introduction to FCC, letting forum members get to know you a little, particularly with regard to our inherent right to keep and bear arms. You can do that by going to the Introduce Yourself section of the Welcome to Florida Concealed Carry section and starting your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum, and will be more responsive in answering your questions you may have!

In case you weren't aware, you can stay current on pertinent Florida Statutes regarding the "justified use of force" and all of Florida firearms laws by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms, respectively. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher (2023 version to be released in June covering the revised Florida Statutes effective 01 JUL 2023)!

If you're a veteran, take a look at our Military Service Thread where you'll find many of us there, too!

Finally, I highly recommend you read this thread to understand how to navigate FCC to get the most out of your experience. One particular item that's caught many veteran FCC members off guard is the "Recommended Reading" at the bottom of each page, which MAY contain quite old threads of inactive conversations lacking up-to-date information or context. So beware of the date of the last post (just to the right of the post number) in any thread you come across so you don't mistakenly think every post is recent and start responding to very old posts/threads that been dormant for quite some time, sometimes for many years.

Again, welcome to FCC!

BeerHunter said:

Welcome to the Florida Concealed Carry (FCC) forum from Palm Beach County, iLYKEcheez!🍻

Bottom line is, we know permitless concealed carry on your person in a vehicle was NOT part of the Permitless Carry HB543 and therefore not legal.

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This is the exact statement that I am saying is WRONG, sir- someone has given members of the forum bad information based on either an incomplete reading of HB543 or a misunderstanding regarding the language contained therein- I'm not "making assumptions", I'm refuting misinformation that multiple people have stated as fact, including you inf your reply to my post- and I did so by providing the relevant text from the Bill and highlighting the most important portions via bolding and underlining. I also included the line positions of the text in the original bill, in case anyone wanted to do an independent check of the text to make sure I hadn't misquoted.

As far as the forums go, I'm well-acquainted with how to navigate them, although I appreciate the offer of help. I simply hadn't created an account because up until this point, I didn't have anything of importance to contribute.

Lastly... I apologize, but I don't feel comfortable "introducing myself", as there's nothing of not that I want to share about myself personally on a public-facing website indexed by search engines- I'm a private person by nature.

iLYKEcheez said:

This is the exact statement that I am saying is WRONG, sir- someone has given members of the forum bad information based on either an incomplete reading of HB543 or a misunderstanding regarding the language contained therein- I'm not "making assumptions", I'm refuting misinformation that multiple people have stated as fact, including you inf your reply to my post- and I did so by providing the relevant text from the Bill and highlighting the most important portions via bolding and underlining. I also included the line positions of the text in the original bill, in case anyone wanted to do an independent check of the text to make sure I hadn't misquoted.

As far as the forums go, I'm well-acquainted with how to navigate them, although I appreciate the offer of help. I simply hadn't created an account because up until this point, I didn't have anything of importance to contribute.

Lastly... I apologize, but I don't feel comfortable "introducing myself", as there's nothing of not that I want to share about myself personally on a public-facing website indexed by search engines- I'm a private person by nature.

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Are you an attorney experienced in Florida Firearms law? I'm asking because in his analysis of the revised Florida Statutes effective 01 JUL 2023, Attorney and Author of FLORIDA FIREARMS Law, Use & Ownership , at least back in late April after Gov. DeSantis signed the Bill, seemed to disagree with your bolded statement above in post #79, at least in what he posted on his website at that time (see post #44 of this thread). However, perhaps he is revising his analysis, but this specific question was asked on his website on 23 April and his answer posted on 26 April says,

A "qualified person" will be able to carry the same as a CWL holder within a vehicle — other than school zones. So, if a "qualified person" the answer is "yes."

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So again, the devil is in the details and it is still not entirely clear what a "qualified person" is and perhaps Mr. Gutmacher is revising his complete analysis of the Bill signed into law before he releases the 2023 revision of his book, but no one can argue with his legal opinion that obtaining a FCWFL and/or renewing one about to expire provides one the full enjoyment of the Florida Statutes for lawfully carrying a firearm in public. 🤠

mike_1950 said:

Once again let's to go to the basic question and answer way instead of reading and watching and trying to define what or whom is right. .....1) IF I have my CCW license on my person in vehicle can I be wearing my firearm in a holster on my body today? 2) If YES.....can a person having no license after July 1, have the same right to carry on their person in a vehicle or does it have to be encased OFF their body? Simple as that!

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Your inability to read isn't my problem, sir. Both my post and the language of the bill are fairly easy to read.



The entire point of this post was to say that you can carry ON. YOUR. PERSON. inside a vehicle without a permit once the bill goes into effect.



Everything after that is the language of the bill, with the relevent sections helpfully highlighted, to back up that statement.



As far as "what you bet"- I don't care, it doesn't affect me. I posted in order to help those that might be confused about permitless carry and to clear up the confusion regarding carry inside a vehicle.

OHEng said:

I don't give a rat's patoot what any unlicensed person does, I have a license and intend to keep one and will chuckle mercilessly at those having to wait when purchasing firearms. Someone spewing legal advice who won't give the slightest detail of who they are or what they do? Oh yeah, that's a person people ought to listen to.

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The original post includes the language in the bill that's relevant... It's not "advice" to say 'hey, someone told you guys wrong, here ya go, this is the part of the bill that says you can carry in a car without a permit.

Not my fault if you can't read.

Here, I'll even give it to you AGAIN, and cut out some of the stuff so you don't have to read as much:

(4) POSSESSION IN PRIVATE CONVEYANCE.—

(a) Notwithstanding s. 790.01, a person 18 years of age or 1126 older who is in lawful possession of a handgun or other weapon may possess such a handgun or weapon within the interior of a private conveyance if the handgun or weapon is securely encased or otherwise not readily accessible for immediate use. A person who possesses a handgun or other weapon as authorized under this paragraph may not carry the handgun or weapon on his or her person.

(b) This subsection does not prohibit a person from carrying a:
1. Legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use; or
2. Concealed weapon or concealed firearm on his or her person while in a private conveyance if he or she is authorized to carry a concealed weapon or concealed firearm under s.790.01(1).

iLYKEcheez said:

Someone needs to learn how to read.



HINT: since you haven't been able to keep up with the rest of the conversation, I'll help you out- I was referring to you.

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Somebody needs to learn how to behave.
You joined a whopping 9 hours ago and are already attacking the membership here.
And with an attitude like that, nobody here is likely to care if you are correct or not.

But - maybe you're having a bad day..... It happens. Want to start over?

Here are my thoughts on it, and I'm not a lawyer, but I can read too.
(It's really not that difficult of a skill to master.)

I would just about bet some real money that NOBODY has ever been charged with carrying a concealed weapon in a vehicle without having a valid CCL, who is otherwise eligible to possess a firearm -- unless -- maybe -- it was done so in combination with being charged with some other, more serious offenses.

I don't know the exact numbers, and I wouldn't even know where to go look it up.
But I'll bet the number of arrests for this is ZERO.

And if by chance there are any, I'll bet it gets pleaded down in court to a simple "no contest", with a small administrative fine to pay.