The recent success of Florida´s concealed carry law has put the «Sunshine state» on the political map during discussion of gun control. Despite the dour predictions of the Sarah Brady nay-sayers, the homicide rate has actually declined in Florida since the concealed carry law passed the state legislature in 1987.
For the occasional traveler to florida, several aspects of florida gun law require attention. Vehicle carry without a concealed carry license is permitted if the firearm is in plain view in a snapped hoslter or if it is concealed under certain specific circumstances. These circumstances refere to a firearm that is «securely encased» or is «not otherwise readily accessible».
«Securely encased» includes carry in a glove compartment, gun case or a closed box or container.
«Not readily accessible» means locked in the trunk of a car or the storage compartment of a pick-up truck or RV. Either of these conditions are legal for concealed carry of a firearm in a vehicle. A traveler, however, may not carry a firearm concealed on his person while occupying a vehicle. This would include under his clothing or beneath the seat. Unfortunately, florida does not recognize carry permits from other states.
Travelers should also be aware that, despite friendly laws governing gun carry in vehicles, open carry of fierearms by a person on foot in most public areas is illegal with or without a license. The open carry restriction is unusual because most states with laws similar to Florida allow fierarms to be carried in an open manner.
Finally, Florida has a preemption act which prevents localities from enacting theri own gun laws. Firearms regulation is uniform throughout the state. The casual traveler can be sure that what is legal in Tallahassee is also legal in Key West.
Traveler`s checklist:
- Handgun ownership: unrestricted, no permit or license required
- Rifle and Shotgun Ownership: unrestricted, no permit or license required
- Semi-automatic «assault weapon» ownership: unrestricted, no permit or license required
- Machine Gun Ownership: no state restrictions, compliance with federal law only
- Firearm law uniformity: state preemption act, gun laws uniform throughout state
- Concealed carry: license granted on a «shall issue» basis; no reciprocity for non-residents with concealed carry permits from their home states
- Vehicle carry and transportation: firearms may be concealed and loaded while carried in a private vehicle provided they are «securely encased or otherwise not readily accessible» (see below)
- Published in Travelers Guide to the Firearms Laws of the Fifty States 1997, researched and written by J. Scott Kappas, Esq.,
The author is an attorney in private practice in Covington, Kentucky. He has written several academic studies on the Second Amendment including «The Right Most Valued by Freemen: The Origins and Historical Development of the Citizen´s Right to Keep and Bear Arms» which was a winner in a legal writing contest sponsored by the National Rifle Association. Along with his law practice, he operates a Class III firearms business and is active in the political fight to preserve the citizen´s right to keep and bear arms.
The «Traveler Guide» was inspired by the author´s own need to have a concise, yet accurate, summation of state transport and carry laws to reference during his vacation travels across America.
Reference: Legitima Defensa Newspaper nº10, page 14. Print in Buenos Aires City, May of 1999.
