Answers from Gainesville Attorneys; In Florida Can I Carry a Gun in My Car?

Gainesville attorneys at Avera & Smith answer: In Florida can I carry a gun in my car?

Yes, you can carry a concealed firearm anywhere in your vehicle including on you if you have a license to do so from the State of Florida. You can obtain this through the permitting and application process. You can learn all about that process online at www.freshfromflorida.com.

What if I don’t have a concealed weapons license or permit?

In Florida you can have a concealed firearm in your vehicle without a permit as long as it is not readily accessible or if it is “securely encased.” Securely encased is defined by Florida Statute 790.001(17) to include a glove compartment, whether locked 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. So long as it is securely encased, it is legal for you to carry the gun in your car, although not on your person. The other part of the law talks about “readily accessible for immediate use.” If it is close enough to you that it can be retrieved and used as easily and quickly as if carried on the person then it is readily accessible. That is defined by Florida Statute 790.001(16). The classic example of readily accessible is when the gun is under the seat you are sitting in.

Is it worth the risk to push the boundaries, i.e. to have a gun under the seat in a holster?

In my opinion, absolutely not. If that holster comes loose or unbuttoned, you are looking at a trip to jail and being charged with a felony, and if convicted it will prevent you from ever owning a gun. There are literally thousands of case decisions on this issue in the State of Florida, as there are thousands of different factual scenarios. When there is a case decision it means someone got arrested, convicted, and they appealed that conviction. Don’t be that person. Even if you are correct it could take years and thousands of dollars to resolve your case. If it is a close call, consider whether a police officer is just going to let you go with a loaded weapon that might be readily accessible or not in a completely closed case or holster. Keep the gun secure and out of your reach. Alternatively, take the time to get the permit; you will learn something new about firearm safety and won’t have to hire a lawyer to argue your case.

If you do get arrested, call John Whitaker with Avera & Smith at 1-800-654-4659 or contact our law offices in Gainesville, Florida.