gun question

[JCT]

I will be traveling to the Sunshine State here in a few weeks to do some deep sea fishing. I am from Tennessee and I have a Tennessee handgun permit. My question is, are there any laws in Florida regarding me taking my handgun aboard the fishing boat? My reasoning for this is that I do not want to leave it in the hotel, for obvious reasons, nor do I want to leave it unattended in the car for 12 hours at the dock.

Thanks for you time

[five0686]

I hope this helps.

Concealed Carry Reciprocity
The Division of Licensing constantly monitors changing gun laws in other states and attempts to negotiate agreements as the laws in those states allow. This list was last updated on January 5, 2007, when Kansas became the 30th state to enter into an agreement with Florida.

With the addition of Section 790.015, Florida Statutes, in 1999, Florida's weapons and firearms law was amended to allow the Division of Licensing to enter into agreements with other states on the issue of carrying concealed weapons. To date the Division has established such agreements with the states listed below. In accordance with the terms of these pacts, each of these states has extended the privilege of concealed carry to holders of Florida Concealed Weapon/Firearm Licenses. The State of Florida has, in turn, extended that same privilege to the licensees of these states.

It is important for license holders to understand that when they are traveling in or through another state they are subject to the firearm laws of that state. We have provided links to the state laws or to the licensing authorities' Web page of each of our reciprocity states so that licensees can do the necessary planning and research when preparing to travel.


FLORIDA'S RECIPROCITY STATES
Alabama (1,5)
Alaska (1)
Arizona (6,7)
Arkansas (1)
Colorado (1)
Delaware
Georgia (1)
Idaho (1,6)
Indiana (1,6)
Kansas (1,4)
Kentucky
Louisiana (1)
Michigan (1,4)
Mississippi (1)
Missouri (1,8)
Montana
New Hampshire (1,4,6)
New Mexico (1)
North Carolina (1)
North Dakota (1,3,6)
Ohio (1)
Oklahoma (1)
Pennsylvania (1,6)
South Dakota (1,3)
Tennessee (1)
Texas (1,6)
Utah (1,6)
Vermont (1,2)
Virginia (1, 6)
Wyoming (1)

(1) While Florida's law allows licensees to carry stun guns, knives, and billy clubs in a concealed fashion, the laws in these states allow for concealed carry of handguns or pistols ONLY, NOT WEAPONS IN GENERAL. Florida license holders are prohibited from carrying other types of weapons while in these states.

(2) The State of VERMONT is unique in that it does not issue weapon/firearms licenses. Florida licensees - indeed, licensed or unlicensed citizens from any state - may carry in Vermont. This presents a problem for reciprocity with Florida. Florida law provides that an out-of-state resident must have in his or her immediate possession a valid license to carry a concealed weapon or firearm. Since Vermont residents have no such license, the right to concealed carry cannot be extended to them under Florida law.

(3) Under NORTH DAKOTA and SOUTH DAKOTA law, licensees qualify to possess a concealed weapon permit once they become 18 years of age. Florida CANNOT extend the privilege of concealed carry to citizens of these states who are under the age of 21.

(4) These states will honor the Florida concealed weapon license ONLY IF the licensee is a resident of the State of Florida.

(5) The Attorney General's Office of the State of ALABAMA has indicated that Alabama will honor BOTH resident and non-resident Florida licenses. However, the Alabama Attorney General notes that there is some uncertainty as to the limits of Alabama's reciprocity law as it pertains to non-resident licenses. Pending clarification by the Alabama Legislature or a decision by an Alabama court, he urges non-resident Florida license holders to exercise caution. Refer to the Alabama AG's Web page for the latest information.

(6) These states issue concealed carry licenses to qualified individuals who are non-residents. These non-resident permits cannot be honored under Florida's reciprocity provision.

(7) Florida issues concealed carry licenses to persons whose civil rights and firearms rights have been restored and thereby made whole in the eyes of the law and the Constitution. However, ARIZONA will honor a concealed weapon license ONLY if those rights were restored by a full pardon signed by the Governor or President of the United States. ARIZONA will not honor a concealed weapon license in possession of a Florida licensee if those rights were restored by any other means than a full pardon. Therefore, a Florida licensee who has had civil and firearms rights restored but who has NOT received a pardon from the Governor or President of the United States is prohibited from carrying a concealed firearm in ARIZONA.

(8) The Missouri Attorney General has advised us that several aspects of the Missouri concealed weapons law remain in litigation as of June 2004 and that, accordingly, he is limited in what he can say about the effect of any particular provision of the law. However, he acknowledges that as of this date no injunction or other impediment blocks the effectiveness of Missouri's Concealed Carry Law, including the reciprocity provision.

ANSWERS TO COMMONLY ASKED QUESTIONS ABOUT RECIPROCITY AND TRAVELING WITH A FIREARM

QUESTION There are a number of states that issue concealed carry licenses but do not have a reciprocity agreement with Florida. Why?

The State of Florida will honor the concealed weapon/firearm permits issued by another state PROVIDED THAT the other state will agree to honor the licenses issued by Florida. The states listed above are the only ones that have agreed to honor Florida permits.

There are a number of reasons why other states refuse to honor Florida licenses. Some states will recognize another state's licenses only if that other state's gun laws are substantially similar to their own. South Carolina, for example, will not honor Florida licenses because Florida's issuance standards differ from South Carolina's standards on key points. Other states simply do not have the statutory authority to establish reciprocal agreements with other states. Oregon is among the states in this latter category.

QUESTION 3. I am a Florida resident with a Florida Concealed Weapon/Firearm License. Are there carry restrictions that I should observe while traveling in other states?

Yes, there are. First of all, you should be aware that, as noted above, you are limited in many states as to the type of weapon that you can conceal. Many states allow concealed carry of handguns or pistols only.

In addition, most states' gun laws prohibit carrying concealed weapons into such places as schools, bars, courthouses, and so on. Generally speaking, the other states' lists are all quite similar to Florida's. Florida's list of designated "NO CARRY" places is found in Section 790.06(12), Florida Statutes, the entirety of which is quoted below:

790.06(12) - No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any area vocational-technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s 775.082 or s. 775.083.

A licensee planning to travel to another state should consult that state's laws or call a law enforcement agency in that state to find out precisely what carry restrictions apply.

QUESTION 4. I have a Florida Concealed Weapon/Firearm License, but I am not a legal resident of Florida. Can I travel to the states that recognize Florida licenses and still carry a concealed weapon?

Most of the reciprocity states will honor Florida non-resident permits; however, two states - Michigan and New Hampshire - have indicated that they WILL NOT honor non-resident Florida licenses. Because gun laws are subject to change or different interpretation by state courts, it is recommended that non-resident Florida licensees call or write licensing authorities in the states in which they will be traveling to obtain the latest information.

QUESTION 5. I have a concealed carry permit from one of the states with which Florida has reciprocity, but I am not a resident of that state. Can I carry legally while visiting a Florida?

No. Florida, like Michigan and New Hampshire, has a residency requirement in its reciprocity law. Florida does not recognize non-resident concealed carry permits from other states.

QUESTION 6. I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options?

Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

Section 790.25(5), which deals specifically with possession in a private conveyance states that "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. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012." (Emphasis added.)

Section 790.001(17) defines the term "securely encased" to mean "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."

So, while you cannot carry the weapon on your person, you can at least have it nearby in your vehicle while traveling.

QUESTION 7. I am a Florida license holder and will be driving through several states on an upcoming trip. Some of these states do not have reciprocity with Florida. If I plan to take my firearm with me, what precautions should I take for transporting my weapon in my automobile securely and legally?

INTERSTATE TRAVEL WITH FIREARMS FALLS UNDER THE JURISDICTION OF FEDERAL LAWS. The relevant section from United States Code is quoted in its entirety below.

Sec 18 USC 926A. Interstate transportation of firearms.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Interstate travel with a firearm is, therefore, permissible as long as the firearm is unloaded and in such a place that it is completely inaccessible (preferably the trunk of the vehicle).

HOWEVER, WE STRONGLY RECOMMEND THAT CITIZENS PLANNING TO TRAVEL WITH A FIREARM SHOULD CALL THE LAW ENFORCEMENT OR LICENSING AUTHORITIES IN THE STATES TO OR THROUGH WHICH THEY WILL BE TRAVELING TO OBTAIN THE LATEST INFORMATION REGARDING WEAPON TRANSPORT LAWS. IN SOME CASES, STATE LAW TAKES PRECEDENCE OVER FEDERAL LAW REGARDING INTERSTATE TRANSPORT OF FIREARMS.

QUESTION 8. I am traveling by plane and would like to carry my weapon with me. Can I transport a firearm on a plane legally?

Transporting a weapon on a commercial airline is legal under the regulations of the Federal Aviation Administration (FAA). However, travelers must comply with certain security procedures. Generally speaking, the FAA requires that weapons be unloaded, stowed in hard-sided, locking luggage, and declared at the main ticket counter at the time of check-in. At check-in, you will receive proper documentation to place inside the gun case indicating that the weapon had been declared. Each airline's security procedures may be slightly different, so it is recommended that you call the carrier with whom you are planning to fly to get infomation.