Florida laws about carrying without a permit.?? - Page 2

MLeake · January 28, 2013, 12:27 PM

But, if it is legal in a place of business, and it is also legal in a vehicle, then why would the conjunction be illegal?

BigD_in_FL · January 28, 2013, 12:36 PM

The permit costs less than a citation, or a lawyer consult.

MLeake · January 28, 2013, 12:40 PM

And the OP has already said she is initiating the permit process.

ScottRiqui · January 28, 2013, 12:47 PM

Quote:

But, if it is legal in a place of business, and it is also legal in a vehicle, then why would the conjunction be illegal?

Because the statute that says that unlicensed concealed carry is legal in a vehicle specifies a "private conveyance". I wouldn't bet my freedom, bank account or clean criminal record that "private conveyance" would necessarily include an ice-cream truck actively being used for business reasons.

MLeake · January 28, 2013, 12:54 PM

ScottRiqui, IIRC from my Florida days, the issue when the vehicle is NOT your private conveyance is that you have to have permission from its owner to have a loaded handgun in the vehicle. IE, to have it in the company car, it must be ok with the boss.

The OP is the business and vehicle owner.

It is possible I remember things incorrectly, and I agree the two best courses are to get the permit, and/or consult an attorney, but I doubt there is an issue in this instance.

wayneinFL · January 28, 2013, 01:34 PM

Quote:

The statute you quote is the same one we've been talking about already. Although it authorizes unlicensed concealed carry in a place of business, I'm concerned whether the fact that the "place of business" is also a vehicle might add some legal complexity to the issue.

As for State v. Anton, as far as I can tell, that ruling simply expanded the "place of business" definition to include "buildings and structures thereon". That doesn't directly address the "vehicle as a 'place of business'" issue either.

Place of business is a building or land the business leases or owns. Ice cream truck isn't generally going to cut it. If she owns the vehicle and it's not for hire, she can't carry, but she can have it in there, as long as it's either "securely encased", or not "readily accessible".

Coyote Blue · January 28, 2013, 04:22 PM

Quote:

The statute you quote is the same one we've been talking about already. Although it authorizes unlicensed concealed carry in a place of business, I'm concerned whether the fact that the "place of business" is also a vehicle might add some legal complexity to the issue.

Don P just wants to be redundant.Breaks up a slow Monday.

January 28, 2013, 12:27 PM	#26
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 9,765	But, if it is legal in a place of business, and it is also legal in a vehicle, then why would the conjunction be illegal?

January 28, 2013, 12:36 PM	#27
BigD_in_FL Senior Member Join Date: December 20, 2012 Location: The "Gunshine State" Posts: 1,013	The permit costs less than a citation, or a lawyer consult.

January 28, 2013, 12:40 PM	#28
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 9,765	And the OP has already said she is initiating the permit process.

January 28, 2013, 12:54 PM	#30
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 9,765	ScottRiqui, IIRC from my Florida days, the issue when the vehicle is NOT your private conveyance is that you have to have permission from its owner to have a loaded handgun in the vehicle. IE, to have it in the company car, it must be ok with the boss. The OP is the business and vehicle owner. It is possible I remember things incorrectly, and I agree the two best courses are to get the permit, and/or consult an attorney, but I doubt there is an issue in this instance.