CCW

[TRX450R_Racer]

It has to be in a incased in something, even a cardboard box would qualify.

[SpeedQuest]

is it legal for me to have a shotgun in my truck? its not readily accessible but its also not in a case either.

For the purpose of this post, I will assume you don't have your CCW permit.

According to Mr. Gutmacher's book, Florida Firearms, there was an interesting case, Boswink vs. State in which the appellate court decided:

that a loaded shotgun in the back of a small truck was not "readily accessible" because the cabe was too small to use the weapons from the inside without difficulty, and the occupant would normally have to exit the truck in order to retrieve, and use them effectively.  Thus, they were not subject to retrieval "as easily and quickly as if carried on the person."

He (Mr. Gutmacher), then goes on to quote Florida Statute 790.25(5):

"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."

But he does caution that carrying of these types of weapons in ANY urban setting would probably get you arrested due to an urban policeman not knowing the letter of the law.  You would probably have grounds to get the case thrown out, but would it be worth the hassle of being arrested?

[Anoriginal]

As an attorney, I've got to make sure everyone understands the following.

Gutmacher is probably the undisputed top notch expert on Florida's firearms law. But, his book is not the "law". Rather, it's his personal opinion on how the law is interpreted.

Luckily for all of us, he's gone to the trouble of researching the issues ad nauseum and provided a great source for everyone from you and I, cops, judges, etc. In fact, most Florida courts use his book as a starting place for research on gun laws.

But, as Gutmacher carefully points out in his book, he's not the end all, be all authority on this subject. For that, you've got to look at two areas beyond his book. Those areas are: (1) Florida Statues; and (2) Florida case law interpreting those statutes.

So, what does that mean? Well, for all practical purposes Gutmacher's opinion is going to be absolute gold in 99.9999999% of the cases. However, until you're in front of the Judge, you can never be sure.

With this being said, the smart money is on not tempting fate. For instance, Speedquest and I disagree (and I disagree with Gutmacher) on the issue of carrying an encased weapon across common areas into your apartment/condo, etc. However, I'm certainly not going to invite the cops to watch me do so just so I can test things out. I am going to do the same thing that Speedquest advocates and keep my gun out of common areas.

Moreover, you shouldn't test things out on carrying an uncased shotgun in your truck. Why? Well, although it might be 100% legal to do so, you're inviting a host of problems, the least of which isn't theft. Also, you have no idea what a judge will rule relative to any charges levied against you. For as many Judges in as many courts in as many counties we have, you have that many competing/different decisions. Why take the chance? Keep it encased and out of sight. That way, you've got no issues.

[SpeedQuest]

I love you man!  LOL!

[Anoriginal]