Florida Vehicle Carry Laws: Can You Keep a Gun in Your Car?
- On behalf of Mike G Law posted in Criminal Defense on Monday, May 31, 2021
Florida has many gun-friendly laws—but you may still face severe consequences if you disobey those laws.
Violating license laws, brandishing a weapon, or keeping a firearm improperly secured means you could face severe fines and even jail time.
At Mike G Law, we see a lot of clients who are charged with weapon-related offenses. One of the most common questions our team hears is, “Can you carry a loaded gun in your car in Florida?”
The answer to this is not as straightforward as it seems. To help eliminate some of the confusion around Florida’s gun laws and keeping loaded firearms in vehicles, the experts at Mike G answer your questions and explain the laws.
Can you keep a gun in your car?
In Florida, you can keep a firearm in your vehicle if you have a license to carry. You may also store a concealed firearm in the trunk or underneath a seat without a concealed carry permit under certain conditions.
The legal technicalities of keeping a firearm in your vehicle change depending on whether or not you possess a concealed carry permit.
Open Carry vs. Concealed Carry
Open carry refers to visibly carrying a firearm in public.
In Florida, open carry is generally illegal (minus a few exceptions). While in public, you may only have a gun on your person if you are licensed and if the gun is concealed from public view.
Open carry laws only apply to public settings. It is legal to carry or display a gun while engaging in an activity like hunting or camping, while at a gun range, or while in a private residence or vehicle.
In Florida, concealed carry is when you have a weapon on your person that is hidden from others’ view. To legally carry a concealed weapon, you need a license from the Department of Agriculture and Consumer Services. Carrying a concealed weapon while unlicensed may result in significant penalties.
Carrying Firearms in Private Vehicles
When concerning private vehicles, the concept of Possession of Private Conveyance comes into play. Located in subsection (5) of Florida Statute 790.25, Possession of Private Conveyance states that it is legal for an individual to carry a concealed weapon in their car without a permit.
However, for this law to apply, you must meet specific criteria. Here are the requirements for carrying a loaded gun in your car:
- You must be 18 years old or older. This statute does not protect anyone under the age of 18 years old at the time of the offense.
- You must have a viable reason to own a gun. You must have the gun in your car for self-defense or other lawful purposes, such as driving to and from an outing that involves lawful hunting or marksmanship practice.
- The gun cannot be on your person. The statute specifies that the gun must be “within the interior of a private conveyance” (in other words, inside of your vehicle) and does not protect you if the gun is on your person.
- The gun must be securely encased or otherwise not readily accessible. You must keep your gun secured and ensure it cannot be grabbed easily by any passengers. This may involve having it snapped into a holster, stored in a glove compartment, or put in a gun case with a cover (locked or unlocked). No matter where it is, make sure the weapon is not “readily accessible for immediate use” and well out of your immediate reach.
The Possession in Private Conveyance subsection only applies to people who do not have a concealed carry permit. If you do have a permit, you may lawfully carry a concealed weapon in your vehicle.
Do you have to tell a police officer if there’s a gun in your car?
When carrying a loaded gun in your car, you might be wondering if you have to tell a police officer the firearm is there if you are pulled over during a traffic stop.
Technically, no—there is no legal obligation to inform the police officer. However, you might want to bring it up in a scenario that seems more involved than a routine traffic stop, such as if you are questioned about an outstanding warrant or the officer asks to search your vehicle. Telling the police officer can establish clear communication and prevent the situation from escalating down the line.
When you do tell a police officer that you have a gun in your car, remain calm. Do not reach for the weapon, and wait for their instructions. If they ask whether you have firearms in the car, you must tell them the truth.
Facing Firearm Offenses? Contact Mike G
The State of Florida has laws in place to protect the rights of gun owners. As long as you comply with state requirements and openly display your weapon, it is legal to carry a loaded gun in your car.
But while the law may be on your side, some individuals may find themselves facing challenges over what is considered “readily accessible” or “openly” displayed. If you are facing firearm charges of any kind, you need a lawyer on your side to protect your rights in court.
Contact Mike G today for a FREE consultation to discuss your case. Our team is here to preserve your rights as a citizen and a gun owner.