If you’re living in or visiting the Sunshine State, it’s vital to recognize its gun laws, especially as they pertain to transporting firearms in your vehicle. Understanding these laws ensures that you comply with Florida’s regulations, protecting the rights of not just yourself, but the individuals around you.
With the law, misunderstandings can lead to serious legal consequences, so clarity is key. In this guide, our skilled lawyers at Stechschulte Nell Law will cover everything from the legality of the action to the appropriate procedures and potential penalties for non-compliance.
Understanding the Basics: Florida’s Gun Laws
The key principles of Florida’s gun laws are set out by the Florida legislature and include rights for legal use, possession, and ownership of firearms, including justified self-defense. However, these rights come with the responsibility to abide by all local, state, and federal laws while practicing safe firearm handling, storage, and carry.
To help you understand, some core tenants of Florida’s gun laws include:
- Open carry or carrying of a firearm visibly on or about one’s person, is prohibited under Florida’s Open Carry Law in most instances.
- The Securely Encased rule requires that firearms in vehicles must be securely encased.
- As of a recent controversial law change, it’s now possible to carry hidden firearms in Florida without a permit.
Let’s discuss open carry and concealed weapons, and what was recently changed per Florida law.
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Understanding Open Carry and Concealed Weapon Laws in Florida
By definition, “open carry” refers to carrying a firearm without trying to hide that fact. In other words, the weapon is visibly apparent to those around you.
Concealed carry infers that the firearm or weapon you’re carrying isn’t out in view; it’s effectively hidden from public sight.
Traditionally, the state of Florida required a concealed carry permit from the Department of Agriculture and Consumer Services. However, recent changes to the law have shifted this regulation, stating that as of July 1, 2023, you can legally tuck away a weapon, including in a car’s glove compartment, without a permit. The catch here is that you must be the lawful owner of the weapon.
Section 790.053 expressly forbids the open carrying of a firearm or an electric weapon on or about your person. So, it’s not admissible to have your unlicensed firearm openly displayed in your vehicle.
Remember, even though Florida has recently adopted a “permitless” concealed carry law, without a permit, your firearm must not be readily accessible for immediate use. This means it is illegal to carry a firearm on your person or in a spot in your vehicle where it can be quickly grabbed and used. These guns should be secure, potentially impeding quick access.
Florida’s Stand Your Ground Law: How It Factors Into Car Carry
When considering the Stand Your Ground law, it’s crucial to note that it extends to vehicles, enhancing your right to self-defend. Imagine your vehicle as a small, mobile version of your home—an extension of your personal domain.
When you’re inside your private conveyance or vehicle, the law allows you to use deadly force without the need to retreat when faced with legitimate threats.
Penalties for Violating Florida’s Gun Laws
Violating Florida’s gun laws, whether by improper carry or brandishing, carries serious consequences. These aren’t just limited to hefty fines but can even escalate to jail time.
Some of the potential consequences you could face for disregarding the law include:
- Improperly securing a firearm: If you’re found to have a firearm improperly secured in your vehicle, potential charges could be laid against you.
- Open carry violations: Florida’s Open Carry Law still prohibits the open carrying of a firearm on or about one’s person in most cases. Violation of this ruling could lead to significant legal consequences.
Considering these consequences, ensure you’re always in compliance with Florida’s gun laws. This protects not only your legal rights but also the safety of others around you.
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Accused of a Florida Gun Crime?
Navigating the complex landscape of Florida gun laws requires specialized knowledge and skill. By consulting with the experienced attorneys at Stechschulte Nell Law, individuals facing charges related to concealed or open carry laws can gain valuable insights and legal guidance tailored to their unique situations.
With our dedicated team on your side, you can be confident in facing any legal challenges regarding Florida gun regulations. Don’t hesitate to reach out to us for a case review today at 813-280-1224.
