LOADED FIREARMS IN VECHICLES - - ??

[SAWMAN]

Can I legally have a LOADED,EITHER IN THE MAG,or in the chamber,a Moss Shockwave (14" AOW) or a AR pistol with brace and bbl <16 inches,in my vechicle ?? ---- SAWMAN

 

[Snake-Eyes]

The Mossberg Shockwave is not an AOW (unless you Conceal it, then its >26" OAL will no longer protect it from NFA infringement and it becomes an AOW)
It's not a short-barreled shotgun. (It's not even a shotgun, technically)
It's not a pistol, either.
It's a "firearm".

According to Florida's 790.06, the legislative "definitions" are:
790.06 (1) ...."For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9)."

This affects how to interpret a subsequent section, especially in light of your scenario:

790.06 (12) (b) "A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes."


So, the AR pistol should be good to carry/store loaded, like any other pistol with your CWL. The Mossy probably not loaded, and definitely not concealed.

Just my interpretation. Not a lawyer. Not a LEO. Didn't stay at a Holiday Inn Express.

 

[Bowhntr6pt]

Florida law does not address loaded firearms per se. Being loaded or not is, generally speaking, is not an element of any of the statutes.

However, there is case law (don't ask me to find it I'm too lazy this am) that says an unloaded firearm does not meet the definition found in FSS 790.001(17) "Readily accessible for immediate use".

 

[SAWMAN]

I have several applications for this.
1. To be able to load (inserted mag w/8,and rd chambered) my night hunting AR in my house or driveway then put my fully encased firearm in the backseat of my truck.
I try to stay quiet and dark when I get to my off loading spot. This way I can upzip the case and simply put my weapon on the seat of my buggy.
QUIET !!
2. I want to be able to carry my shotgun (Shockwave,Tac-14,etc) covered by blanket in the back seat of my truck with the mag fully loaded. (NOT THE CHAMBER)
I have a Fla CWP but it does not control either of the above. ---- SAWMAN

 

[Rebel_Rider1969]

Don't know about Fla. But the game warden in Alabama will stroke you a ticket. Ymmv

 

[Duckyou]

I have several applications for this.
1. To be able to load (inserted mag w/8,and rd chambered) my night hunting AR in my house or driveway then put my fully encased firearm in the backseat of my truck.
I try to stay quiet and dark when I get to my off loading spot. This way I can upzip the case and simply put my weapon on the seat of my buggy.
QUIET !!
2. I want to be able to carry my shotgun (Shockwave,Tac-14,etc) covered by blanket in the back seat of my truck with the mag fully loaded. (NOT THE CHAMBER)
I have a Fla CWP but it does not control either of the above. ---- SAWMAN

You should not have a problem if:
1. You don’t do anything illegal
2. Don’t be an ass to police officers

 

[BluesBrother]

You should not have a problem if:
1. You don’t do anything illegal
2. Don’t be an ass to police officers

Number 2 might be more important than number 1. IMO

 

[DAS HUGH!]

Cops around here lately when I deal with em. I tell em immediately I'm carrying. They just ask to not reach for it then proceed to get rid of me as fast as possible lol. It actually makes the stops alot faster tbh. They figure if ya legal to carry.. you're likely a good guy I suppose. I'm In Bama btw. And I'm always polite. And so are they. Alot has changed vs like 15 or so years ago

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[SAWMAN]

I tell NO ONE about my CCW status.
The exception to the rule would be a LEO that wanted to search me or arrest me.
I really do not want to surprise him.
A well respected member with tons of expierance,and I had a good conversation about this exact subject yesterday.
I will tell him - -> " I have been issued a CWP from the state of Fla. I have one on my person at this time. It is outside the waistband in the 3:30 position. What do you want me to do ?? "
IF he wants me to unholster the weapon and hand it to him,I will strongly refuse. (I carry weapons WITH NO MANUAL SAFETY.) I have witnessed how some cops handle loaded Glocks,especially cops that routinely carry Sigs with decocker, and I do not want to get shot. ---- SAWMAN

 

[Jevaughn]

FL law allows you to keep a firearm, loaded or not, in your vehicle as long as it's in a container. A zippered bag, your closed center console, or glove compartment all count as a container without even needing a CCW permit. The container must be fully enclosed, so a holster mounted under your dash doesn't fly. So I see no reason you would have to worry about an AR pistol in a zippered sleeve. The shockwave is kinda that grey area where I don't even know if the cops know the law on in those regards

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[fl57caveman]

try this for concealment

 

[Rebel_Rider1969]

If I get stopped, I hand them my DL and my ccw permit. I never say the word gun or firearm. Works fine. Never had any issues.

 

[M118LR]

State Laws vary. But it is better to have two separate movements while carrying in a vehicle. Just for your protection. If you can't load & fire from an empty chamber, perhaps it's time to practice a bit longer? JMHO.

 

[Bodhi]

But it is better to have two separate movements while carrying in a vehicle.

That to me sounds like a sure way to get shot. The more one moves, the more suspicious it seems.

 

[Bodhi]

If I get stopped, I hand them my DL and my ccw permit. I never say the word gun or firearm. Works fine. Never had any issues.

I believe this is what guys like Ayoob and others preach.

 

[stage20]

Two movements to bad guy already at your window watching you and pulling trigger while you fumble. No thanks.

 

[SAWMAN]

I do what I want to do if LEGAL.
FORK Ayoob and the rest of the know it alls.
In my truck, Less deliberate moves is best FOR ME. Safety off and shoot. SIMPLE !!
A cop WILL NOT normally be informed of ANY firearm in my vech. None of his buisness unless relevant to why I was stopped. ---- SAWMAN

 

[maxfold]

State Laws vary. But it is better to have two separate movements while carrying in a vehicle. Just for your protection. If you can't load & fire from an empty chamber, perhaps it's time to practice a bit longer? JMHO.

Loaded chamber ? Same rule for semi auto vrs DA Revolver ?

 

[Jeff C]

Do not count on the LEO to know the law. And never get into an agrument with them on the street. You will lose. Sadly, that is one reason there are lawyers...

 

[Deersniper270]

What has been referenced about what has to happen here or there in this thread only pertains to pistols. Rifles don’t have to be in a case. Nothing in the law about it has to be unloaded. If it’s a pistol it has to be in a snap holster or case that closes or zips. Glove box and center console count for these as well.

Rifles don’t have the same rules.

I’m not going to jail or being shot for you so do your own research of the statutes.