Can You Have a Gun in Your Car in Florida?

Introduction

Driving around Florida with a gun in your car? Before you hit the road, it’s crucial to know the rules to stay on the right side of the law. While it might seem complicated, we’ll break it down so you can easily understand what’s allowed and what’s not.

Basic Rules

First off, the good news: you can generally have a gun in your car in Florida, even without a concealed carry license. But there are some important conditions you need to follow to make sure you’re legally carrying that firearm.

Concealed

One of the biggest rules is that the gun has to be “concealed from the ordinary sight.” What does that mean? Well, it could be in your glove compartment (whether it’s locked or not), on your person, under clothing, on the seat next to you under a towel, where ever you would like to carry it, as long it cannot be seen.  Also, please note that the fact your car door is closed or windows are tinted dark does not make the firearm concealed, if it can be seen when the windows or door are opened.  Further, the fact that it is dark out does not mean that a firearm is concealed even if the darkness makes it difficult to see.  It must be covered in some manner to be concealed.

Florida’s Permitless Carry Law

Florida now allows permitless carry. This means that individuals who are legally allowed to own a firearm can carry it without needing a concealed carry license. However, it’s still important to follow the concealed rules when carrying a gun in your car.  To find out if you qualify to carry under Florida’s Concealed Carry Law, click here.

Concealed Carry License

If you’ve gone the extra mile and have a valid Concealed Weapon and Firearm License (CWFL) from Florida, your life just got a bit easier. With a CWFL, you can carry a loaded gun concealed on yourself or anywhere else in your car as long as it is concealed. Also, with a CWFL you can still carry in a Federal Gun Free School Zone subject to the limitations discussed below.  But remember, just because you have a license doesn’t mean you can ignore other laws.

Traveling Between States

Planning a road trip outside of Florida? It’s crucial to know and follow the gun laws of the states you’ll be driving through. Some states have stricter regulations about guns in cars. So, even if you’re doing everything right in Florida, you need to be aware of and comply with other states’ laws to avoid any trouble on your journey.  To learn more about traveling between States, click here.

Federal Gun-Free School Zones Act

Here’s a biggie: the Federal Gun-Free School Zones Act. This law says you can’t have a gun within 1,000 feet of a school. Yes, even if you’re legally carrying a gun in your car under Florida law, you’re in violation of federal law if you’re near a school, unless you meet certain specific exceptions.

Exceptions

• If you have a state license issued by the state you are driving in to carry the gun.
• If the gun is not loaded and in a locked container or gun rack.

These exceptions give some room for legal gun owners, but you have to follow them carefully. Knowing these exceptions can save you from unexpected violations and hefty fines.  To learn more about the Federal Gun-Free School Zones Act, click here.  Additionally, we hope you noticed that this exception ONLY applies to those with a CWFL in Florida.  If you are carrying under Florida’s permitless carry law, your gun MUST be unloaded and in a locked container or gun rack.  To learn about other additional benefits of having a CWFL instead of carrying under Florida’s permitless carry law, click here.

School Districts and School Parking Lots

Florida law allows school districts to have their own rules about guns in their school parking lots many school districts in Florida have their own rules about guns on school parking lots. School districts can adopt written policies banning guns in cars that park in their lots.

It’s important to check with the specific school district for their rules. Some might have stricter regulations, and knowing these rules can keep you out of trouble and ensure you stay legal.

18-20 Year Olds and Others Who Do Not Qualify Under Permitless Carry and Do Not Have a CWFL.

In Florida, the rules for 18-21 year olds carrying guns are a bit different than those 21 and over. Generally, individuals under 21 are not allowed to purchase firearms from licensed dealers. However, they can possess firearms in certain situations, such as for hunting or during military service. Another important exception is that if you are over 18, you can have a firearm in your car. For those in this age group, it’s crucial to be aware of the specific requirements, laws and exceptions to avoid any legal issues.

Securely Encased

One of the biggest rules is that the gun has to be “securely encased.” What does that mean? Well, it could be in your glove compartment (whether it’s locked or not), inside a holster with a snapping retention band (pressure holsters do not meet the requirement), in a gun case, or in any closed container. Just tossing it under a seat or in a door pocket won’t cut it.

Not Easily Accessible

If your gun isn’t securely encased, it has to be “not readily accessible for immediate use.” That means it shouldn’t be within easy reach of anyone in the car. This rule helps prevent any quick, potentially dangerous access during a heated moment or a routine traffic stop.

Other Places and Special Circumstances

Certain places are always off-limits for guns, even with a CWFL. These include but are not limited to schools, government buildings, and places where federal law prohibits guns. Always check the rules for each destination to avoid any legal hiccups.

Special situations, like transporting a gun for hunting or sports shooting, might have extra requirements or provide exceptions to the general rules and laws. Make sure you’re aware of these details and follow the laws to prevent any issues.

Conclusion

So, can you carry a gun in your car in Florida? The short answer is yes, but with conditions. Ensure the gun is concealed even if you have a valid concealed carry license. Be mindful of the Federal Gun-Free School Zones Act and avoid having a gun in your car near schools unless you meet the exceptions. Also, adhere to school district rules, particularly about school parking lots. Stay informed about the laws to avoid legal complications and ensure safe and responsible gun ownership. Remember, knowing and following these rules is key to keeping yourself and others safe and legal.

Additional Tips for Responsible Gun Owners

Being a responsible gun owner means staying educated and vigilant. Here are a few additional tips:

• Regularly Review Laws: Laws can change, so make it a habit to review state and local gun laws periodically. This can prevent unintentional violations. Check back on our website for gun law updates and sign up for our newsletter at the bottom of our home page to make sure you are always informed about upcoming changes in Florida’s Gun Laws.
• Join our YouTube Channel. Click here to subscribe!
• Training and Education: Consider taking firearm safety courses. Not only will this improve your handling skills, but it also reinforces the importance of responsible gun ownership.
• Safe Storage: Always store your gun safely when not in use. Use gun safes, lock boxes, and other secure storage solutions to prevent unauthorized access. This includes the times that you have your firearm in your car.  Thousands of guns are stolen each year from automobiles in Florida.

By staying informed and practicing responsible gun ownership, you contribute to the safety and well-being of your community. Whether you’re a new gun owner or have years of experience, these practices will help ensure that you are always prepared and compliant with legal requirements and help keep firearms out of criminals hands.

Frequently Asked Questions (FAQs)

Let’s address some common questions people have about carrying guns in their cars in Florida:

• Q: Can I carry a loaded gun in my car without a permit?
• A: Yes, but it must be securely encased or not readily accessible for immediate use unless you qualify to carry under Florida’s permitless carry law, in which case it must only be concealed.
• Q: What qualifies as “securely encased”?
• A: A gun in a glove compartment, snapping holster, gun case, or any closed container is considered securely encased.

These FAQs highlight the importance of knowing specific details and nuances in the law to ensure you’re always on the right side of regulations.

Feel free to reach out to us through our website and ask a question or give us a call.  We are always happy to speak with you.

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...
read more