Can I carry in Florida???

Lost Lake

Lost Lake

US Veteran
Joined
Nov 26, 2010
Messages
4,310
Reaction score
2,354
Location
Wisconsin
I have heard conflicting stories, and really all I want is to carry in my car and in my hotel room. So I was trying to nail the laws down and figure how to get from my car to my room without breaking the law and landed on a Florida Legislature sight that kind of blew away everything else I thought I knew.
This site:
Statutes & Constitution :View Statutes : Online Sunshine

Says:


The 2011 Florida Statutes


Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity.—
(1) Notwithstanding s. 790.01, a resident of the United States who is a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:
(a) Is 21 years of age or older; and
(b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.
(2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.
(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by registering to vote, or making a statement of domicile pursuant to s. 222.17, or filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence. This section applies only to nonresident concealed weapon or concealed firearm licenseholders from states that honor Florida concealed weapon or concealed firearm licenses.
History.—s. 1, ch. 99-132.


Now I see the last line says this section applies to nonresident CCW holders from states that Florida honors, but does that mean the last section? Like section 3? Like if they move to Florida? Or am I grabbing at straws?

Why plainly state AY nonresident who has a CCW can blah blah blah then in the last line change everything that was written?

And if I can't carry, how do I get my gun from my car where it has to be cased and out of reach, into the hotel where I can't travel through common areas???
 
Register to hide this ad
Lost Lake said:
I have heard conflicting stories, and really all I want is to carry in my car and in my hotel room. So I was trying to nail the laws down and figure how to get from my car to my room without breaking the law and landed on a Florida Legislature sight that kind of blew away everything else I thought I knew.
This site:
Statutes & Constitution :View Statutes : Online Sunshine

Says:


The 2011 Florida Statutes


Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity.—
(1) Notwithstanding s. 790.01, a resident of the United States who is a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:
(a) Is 21 years of age or older; and
(b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.
(2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.
(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by registering to vote, or making a statement of domicile pursuant to s. 222.17, or filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence. This section applies only to nonresident concealed weapon or concealed firearm licenseholders from states that honor Florida concealed weapon or concealed firearm licenses.
History.—s. 1, ch. 99-132.


Now I see the last line says this section applies to nonresident CCW holders from states that Florida honors, but does that mean the last section? Like section 3? Like if they move to Florida? Or am I grabbing at straws?

Why plainly state AY nonresident who has a CCW can blah blah blah then in the last line change everything that was written?

And if I can't carry, how do I get my gun from my car where it has to be cased and out of reach, into the hotel where I can't travel through common areas???
Click to expand...
Section 3) is pretty clear. If you move to FL and have a valid CCW from your previous state then your previous CCW is still valid for 90 days after you establish residency. Such wording is also common when talking driver's licenses or car registration in some states. If you're not moving to FL then 3) won't apply to you.
 
ispcapt said:
Section 3) is pretty clear. If you move to FL and have a valid CCW from your previous state then your previous CCW is still valid for 90 days after you establish residency. Such wording is also common when talking driver's licenses or car registration in some states. If you're not moving to FL then 3) won't apply to you.
Click to expand...

But then section 1 states my Wisconsin CC permit would allow me to carry in Florida, but all the major websites say Florida does NOT honor WI CC permits..... So I am confused! :confused:
 
You can carry in Florida on either, A) a valid CCW permit issued by the state of Florida, or B) a valid CCW permit issued by your state of residence and that the state of Florida recognizes.

To my knowledge, FL has NOT added Wisconsin to their list of "recognized" permits yet.

For an official source of information, I would refer you to:

Concealed Carry Reciprocity - Division of Licensing, FDACS

QUESTION 6. I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options?

Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

Section 790.25(5), which deals specifically with possession in a private conveyance states that "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." (Emphasis added.)

Section 790.001(17) defines the term "securely encased" to mean "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."

So, while you cannot carry the weapon on your person, you can at least have it nearby in your vehicle while traveling.
Click to expand...

I would recommend that you transport the firearm from your vehicle to the hotel room "unloaded and in a case, separate from the ammunition". Should be good to go.
 
You'll have to do what I'm going to do, get a non-res Florida Permit.
 
Section 790.25 covers private conveyance. You can have a firearm in your car as long as it's not "readily accessible for immediate use".
You can have in the glove box, zippered case, etc. You can carry it from your car to a hotel room in your luggage. Having a gun in your hotel room is no problem.
Florida does not recognize Wisconsin's carry permit, so carrying on your person is a no go. In Florida it's pretty much if you don't recognize ours we won't recognize your's.
Hope this helps.
 
I'm back from FL and had my gun in a locked safe the whole time except when in my room. Nothing happened so all is well!
 
In order to carry a concealed weapon (not limited to firearms) on your person, you must be a resident of and licensed to carry in a state recognized by Florida (or have a Florida CWL). Wisconsin does not have a reciprocal agreement with Florida.

Florida is fairly liberal with respect to a handgun in your vehicle without a CCL. It can be loaded, but must be completely enclosed in a case or container which has a lid which must be opened to retrieve the firearm. AFIK, the "container" can be a glove compartment or console. Lon guns must be unloaded and encased.

The website, Handgunlaw.us has the most comprehensive list of state laws and reciprocal agreements.
 
You must log in or register to reply here.

Similar threads

Miami_JBT
GOA's lawsuit forces NYC to allow Non-Residents to apply for CCW Permits.
2
Replies
27
Views
2K
The Big D
T
tlawler
Concealed Carry in Puerto Rico
2
Replies
26
Views
2K
Shibadog
S
H
Florida's Constitutional Carry in Effect
2 3
Replies
52
Views
3K
Crawfish0206
C
ENNE-FRAME
The purchase, possession, transportation and carrying of weapons in the World
Replies
15
Views
3K
ENNE-FRAME
ENNE-FRAME
Gary Slider
ID, LA, NM, OK and WA Updates
Replies
0
Views
426
Gary Slider
Gary Slider

Latest posts

Back
Top