Malcolm Anthony is a member of the United States Concealed Carry Association (USCCA) Attorneys` Network. He has provided legal assistance to hundreds of good people accused of gun violations in Florida. If you ever have legal problems with firearms, or if you have been charged with any type of firearms-related offence, you need to have an experienced firearms lawyer to fight you. Contact attorney Malcolm Anthony to review the details of your case and see how we can help. If you receive a hidden firearms licence or licence, you are entitled to certain privileges (such as carrying a hidden firearm on you). A hidden firearm is “any firearm.” worn on or around a person in a manner that hides the firearm from another person`s usual view. »; This license/authorization allows you to carry the weapon hidden from the public (e.g., under your shirt, in your jacket, ankle cases, etc.). Are gun magnets legal? Whether these gun magnets are legal in the state of Florida really depends on the courts and perhaps the police officer who arrests you. I`ve had students who were arrested for having a gun in a case in their center console, and these people went to jail for that because the police officer didn`t know it was legal. What do you think a police officer will say when he sees a gun that is not in a holster and sticks to a magnet? I think it`s a roll of the dice.
Have you ever wondered, “Can I legally mount a firearm in my vehicle?” As I mentioned in a previous article, “” Florida law states 790.25 (5); Yes, it is legal to have your weapon visible in your car if you have a hidden license. The short answer is no. It is illegal and a third-degree crime to carry a hidden gun in Florida, but it is possible to carry it secretly to Florida once a permit has been obtained through the licensing process. However, there are a number of restrictions and regulations that you must comply with in order to be able to wear legally. First of all, you need to take the necessary training, and then buy a secret port license. In a closed glove box, this is clearly a legal way to keep a gun in your vehicle, even if you don`t have a hidden weapon license. The glove box does not need to be locked. The general rule is that Florida does not allow a person to openly carry a firearm on or on his person. (Fla. Stat. 790.053).
The firearm must actually be hidden in public, and a person must have a licence to carry a concealed weapon or firearm in public. These certificates shall have a term of seven years from the date of their issue. The person holding a licence must have the licence and his identification with him when carrying his weapon or firearm in public. It is legal to briefly show another person`s gun in public as long as you have a hidden weapon license and are not showing the gun in a threatening manner. (Fla. Stat. 790.053). Having a gun tied up in a car, out of the body, in a case with an active restraint function, out of sight, with or without permission, is absolutely legal in Florida.
Clearly visible is not legal. And with a passive retention case, the question arises as to what exactly “broken” means. Although you legally carry your firearm in your vehicle, there are significant restrictions on what you can do with it. Another exception is to stay in a private vehicle. On the one hand, a weapon can be shown openly in a person`s vehicle without breaking the law. Having a gun on the passenger seat, in the passenger aisle, on the dashboard or on a mounted weapon mount is legal. BUT it must be packed safely. A case or weapon holder can meet the “securely sheathed” requirement while leaving the weapon visible to others.
Why is it legal to have a gun in a car visible to the public, but not legal to hide it? The legal distinction is designed to “prevent a person with a firearm from gaining an undue advantage over an unsuspecting adversary who does not know they are carrying a firearm.” Dorelus v State, 747 So. 2d 368 (Fla. 1999), citing Sutton v. Staat, 12 Fla. 135 (Fla. 1867). Unloaded weapon, no ammunition in the vehicle: This is a clear situation where it is legal to carry a weapon in your vehicle no matter how and where the weapon is found or stored in the vehicle. A person accused of carrying a concealed firearm in this situation has the right to be dismissed.
Ashley v. State, 619 Sun. 2d 294 (Fla. 1993). Whether a particular case falls under this exception can become very complicated and it is best to consult a lawyer about your specific situation. What I propose in this article is not legal advice, but my interpretation of the current legal status, which could change at any time. However, a gun in a pocket case could still be a legal way to carry a hidden weapon if the gun is far enough away from the person that they are not immediately accessible to shoot. You can leave the gun in the passenger seat or uncovered in the hallway. It`s legal. Florida, unlike some states like Texas, doesn`t have an “open harbor” law where you can tie a case with a handgun and do your shopping. See Stat. Fla.
§ 790.053. Thank you for being able to see the statutes for yourself for all those who take care of them.