By Attorney Jay Rooth
We understand everyone has the right to defend themselves. The laws of the state of Florida allow for you to have a firearm in your vehicle as long as you qualify under the statutes and follow some basic conditions. For purposes of carrying a firearm in a vehicle in Florida, you can carry in accordance with a concealed weapons Permit OR carry the firearm in the vehicle in accordance with Florida Permitless carry laws. This article is focused on the firearms in vehicle in accordance with Permitless carry laws.
Permitless Carry
On July 1, 2023, the Florida law changed and allowed the carrying of a concealed firearm without a license as long as you’re legally lawfully allowed to carry.
Florida Statute 790.01 states:
A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she Is licensed under s. 790.06; or Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).
Florida Statutes Permitless Carry requirements include:
(a) Is a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country;
(b) Is 21 years of age or older;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
(d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony;
(e) Has not been:
1. Found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; or
2. Committed for the abuse of a controlled substance under chapter 397 or under the provisions of former chapter 396 or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to be committed for the abuse of a controlled substance under this subparagraph;
(f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
(i) Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the adjudication occurred is deemed not to have been adjudicated an incapacitated person under this paragraph;
(j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to have been committed in a mental institution under this paragraph;
(k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;
(l) Has not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;
(m) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and
(n) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.
(3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence.
(10) A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee:
(a) Is found to be ineligible under the criteria set forth in subsection (2);
(b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;
(c) Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to s. 790.23;
(d) Is found guilty of a crime under chapter 893, or similar laws of any other state, relating to controlled substances;
(e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under s. 856.011(3), or similar laws of any other state;
(f) Is convicted of a second violation of s. 316.193, or a similar law of another state, within 3 years after a first conviction of such section or similar law of another state, even though the first violation may have occurred before the date on which the application was submitted;
(g) Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other state; or
(h) Is committed to a mental institution under chapter 394, or similar laws of any other state.
Remember, we still have limits under Florida Firearm laws. The 2023 Statute change in the law still keeps a few things the same. For instance: 1. This does not allow for open carry (handgun visibly carried or worn). Open carry is generally unlawful with some exceptions to include: the gun range, camping, and hunting. 2. Cannot carry in prohibited locations such as the courthouse, airports, polling stations, government buildings, and schools. 3. In order to permitless carry, you still must be eligible to legal carry – cannot have a recent driving under the influence conviction, a felony conviction, recent controlled substance conviction, injunction or mental health issue that is considered disqualifying. Florida Statute 790.06 provides the details of the qualifications.
If you are eligible to lawfully carry a concealed handgun under Florida Permitless carry law, then you are legally allowed to carry a concealed on your person or secured in your vehicle. The State of Florida permitless carry does not require the firearm to be securely encased or not easily accessible. Again, if you quality to carry under the laws of permitless carry, the only requirement is that the firearm be concealed. So lets make sure we follow a few basic rules to make sure we stay legal while in the vehicle with a firearm. We can carry the firearm in the car as long as they are concealed from the ordinary sight. This could include glove box, in a zipped backpack, on your person under clothing or even in a closed purse. Most importantly, if someone looks in the vehicle, the firearm is covered and they cannot see the firearm.
The Law
Florida Statute 790.25(4)
(4) POSSESSION IN PRIVATE CONVEYANCE.—
(a) Notwithstanding s. 790.01, a person 18 years of age or 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).
This is the Statute that governs the firearms in a vehicle. Section b – 2 is the section that we are focused on for permitless carry and authorizes the concealed weapon or concealed firearm in the vehicle (conveyance).
Exception to the Permitless Carry in Vehicle
We must note that if you are carrying under Florida Permitless carry law, federal law requires that if you are driving through a school zone, the Gun Free School Zone Act (1000 ft of a school) requires the gun to be unloaded, and locked in a container or a locked firearms rack.
Crossing State Lines
Now that you are lawfully cruising around with your gun, be sure to know that once you cross that state line, you are now subject to new laws. Some of the other states have much more strict laws regarding carrying a firearm in a vehicle and these laws must be followed once you cross the border.
Cops Conduct a Traffic Stop
What do you do if you are pulled over with a gun in your car? You have no legal obligation to tell the officer that you have a firearm. However, if you are reaching for your registration in the glovebox and your firearm is in the same location, it could lead to a very uncomfortable situation for the officer. Sometimes, it’s a good precaution to just let the police officer know a lawful concealed firearm is in the vehicle. DO NOT attempt to get the gun unless the officer asks you to do so. As long as the gun is not in your hands or you are not reaching for it then there is no perceived threat. Be aware that a police officer may ask you to get out of your car. This request by the police officer is legal and done for the safety of all parties. In conclusion, you can carry a firearm in the State of Florida without a concealed permit as long as you lawfully qualify and with some conditions. Most importantly, make sure the firearm is concealed in the vehicle. As a responsible gun owner its important to understand the law of the State of Florida in order to keep yourself
Our Orlando criminal defense lawyers at Moses and Rooth can help you understand your firearm rights and defend you if legal issues arise. Contact us today.
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