Can You Carry a Firearm On A Motorcycle?

You Can Carry a Firearm on a Motorcycle Just Like Any Other Vehicle

Florida is known for its beautiful weather and stunning beaches.  Therefore, it is no surprise that Florida residents hit the roads on their motorcycles to explore the sunshine state. Further, Daytona Beach, Florida hosts two nationally renowned motorcycle events each year.  Both Bike Week and Biketoberfest, bring thousands of motorcyclist from across the country to Florida.   It is important to stay safe while riding.  It is equally as important to be able to protect yourself if the situation requires it.  Under Florida Law, you can carry a firearm on a motorcycle when you ride.

With a CWFL (Concealed Weapons and Firearms License) or recognized permit/license

If you have a CWFL then you may carry your firearm like you normally would.  This also applies to an out of state carry license recognized in Florida.  Remember, your firearm must be concealed!  If you carry your gun on you, make sure the wind does not expose it.

Without a CWFL or recognized license

Without a CWFL or recognized equivalent, you can still carry a loaded firearm when you ride.  However, it must be securely encased or not readily accessible for immediate use pursuant to Florida Statute 790.025(5).  Florida Statute 790.025(5) in relevant part states:

POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), 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.

A Motorcycle is a Private Conveyance

A motorcycle is a private conveyance for the purpose of Florida Statute 790.025(5).  See Doughty v. State, 979 So.2d 1048 (3^rd DCA 2008).  However, without a CWFL, you cannot place the firearm in your backpack and wear it on your back while riding.  If the bag is attached to you, a CWFL is required.  Without a CWFL your firearm must be securely encase or not readily accessible for immediate use AND withing the interior of the motorcycle.  Therefore, the firearm needs to be placed in a permanently attached compartment that is not physically attached to you.  A firearm stored in a saddle bag, attached to the motorcycle is an example of proper carry without a CWFL.

Visit this page to learn more about carrying a gun in your car without a CWFL.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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