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Old January 31, 2012, 07:51 PM   #1
AlBundy
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Concealed Carry Questions ...

I have some questions about carrying a pistol in my car and/or on me concealed. I am 19, so obviously I can't buy a pistol from an FFL and I also can't buy pistol ammo. I already own a .40 caliber pistol that my parents bought me but I can't get my CHL or buy ammo until I'm 19. Does anyone know if I'm allowed to have my loaded .40 in my glove box, in a snapped holster? If not, what about a black powder revolver? What about carrying the black powder revolver concealed, would I need a CHL for that? I'm just looking for some sort of loophole so that I can adequately protect myself until I'm 21. Any help would be appreciated.
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Old January 31, 2012, 08:00 PM   #2
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I am not familiar with Florida law. You can call, visit, or write the local DA, or ask about the local Gun Club, and get a Florida gun law resource to find out some of your question.

Warning: Most DA's may not know anything about Blackpowder guns, if they are considered a firearm, etc...

You are old enough go to Iraq and get blown out of your shoes, but can't carry a handgun at home ... that is pathetic, and I am retired L.E.!
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Old January 31, 2012, 08:19 PM   #3
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Tell me about it ... I guess I'll just call around tomorrow and find out. Hopefully I'll never need it but it would be nice just for peace of mind. I don't live in the best place and I look really young so I look like an easy target.

Last edited by AlBundy; January 31, 2012 at 09:24 PM.
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Old January 31, 2012, 09:02 PM   #4
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Your not blacklisted but you did post in the wrong forum.
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Old January 31, 2012, 09:03 PM   #5
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You need to be 21 to carry concealed in Florida.
Here is the website you would use http://licgweb.doacs.state.fl.us/weapons/index.html
I am not sure about just having it in the glove box or trunk.
You can contact them on that page to ask.
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Old January 31, 2012, 09:05 PM   #6
Don H
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Have you looked through the Florida Weapons & Firearms statutes for the answers to your questions?: http://www.leg.state.fl.us/statutes/...EChapter%20790
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Old January 31, 2012, 09:11 PM   #7
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Whoops, didn't know I posted in the wrong forum ... If a moderator could move it for me or let me know what I should do I would appreciate it. I've called 3 different PDs and got 3 different answers so I don't know what I should do at this point. I don't want to just have it and find out the hard way that I shouldn't have, but I also want to have something. Man, I can't wait until I'm 21 ...
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Old January 31, 2012, 09:15 PM   #8
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I'm actually really interested in whether there are any modern cases of people using a blackpowder gun in a self-defense shooting, and what, if any, repercussions that had for them.
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Old January 31, 2012, 09:23 PM   #9
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Check out www.handgunlaw.com. Click on the map, the state of Florida. Should give you all you need to know.
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Old January 31, 2012, 09:23 PM   #10
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Start here, at subsection 5.

Looks like it needs to be encased and out of immediate reach of the driver.

To the best of my knowledge, Florida doesn't distinguish black powder pistols from other firearms when it comes to possession and carrying.
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Old January 31, 2012, 09:26 PM   #11
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Sorry, it is www.handgunlaw.us. My mistake. Hope this helps you.
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Old January 31, 2012, 11:54 PM   #12
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Quote:
I've called 3 different PDs and got 3 different answers so I don't know what I should do at this point.
Read...the...law.
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Old February 1, 2012, 06:12 PM   #13
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In NY state you can't even own a pistol under the age of 21. Just to go to the gun store and HANDLE a pistol you have to present your NYS pistol permit. I just went thru this today when checking out a S&W 9mm at my local gun shop. I was in there buying some ammo for my 380, which even that, buying pistol ammo, you need a pistol permit for.
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Old February 1, 2012, 11:40 PM   #14
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Quote:
Originally Posted by Erikbal
In NY state you can't even own a pistol under the age of 21 ...
???

He's asking about Florida ...
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Old February 2, 2012, 02:38 PM   #15
hermannr
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I do know the BP answer. FL does not consider weapons manufactured prior to 1898 as being firearms.

Does that mean if you were to strap on a drop leg holster and an original Colt 1873 manufactured prior to 1898 you would not be stopped and questioned?

Oh you would be stopped, but you would not be breaking the law (assuming you could prove the manufacture date. I'm not positive how FL handles reproductions.
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Old February 2, 2012, 03:05 PM   #16
Don P
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Quote:
I'm just looking for some sort of loophole so that I can adequately protect myself until I'm 21. Any help would be appreciated.
The loop hole you are looking for does not exist. CCW black powder will get you a felony and then all guns go by-by and to never own a firearm again.

Quote:
Looks like it needs to be encased and out of immediate reach of the driver.
In a container with a lid on it. Tupperware would work on the passenger seat as long as the lid was snapped on the container. Immediate reach is another INTERNET myth like the need for a holster with a thumb break in the glove compartment.

The law reads as long as the person can legally own the weapon then car carry in the state of Florida is legal as long as it is in a closed compartment, (glove box, center console, Tupperware container) Just remember the lid/door of the compartment must be closed/on in order to meet Florida statute law
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Old February 2, 2012, 04:08 PM   #17
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I know what he was refering to I was just making a statement, sorry....
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Old February 3, 2012, 10:32 PM   #18
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Don P: That is not how the law reads: 790.001 definitions:

(1) antique firearms

(2) Concealed Firearm (Firearm defined below in (6)

(3) Concealed weapon....

(6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Does this mean you will not be charged? No, it just means you are not breaking the law.

BTW: I was wrong, FL uses 1918, not 1898 like the Feds to define an "antique"
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Old February 6, 2012, 07:19 AM   #19
Don P
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Quote:
Does this mean you will not be charged? No, it just means you are not breaking the law.
Isn't this statement contradicting itself? If you are breaking the law how can you be charged. Regardless of the opinions in this thread how many posters are willing to test the waters about CC'ing a black powder pistol without the permit? How much would it cost to beat the rap?
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Old February 6, 2012, 01:05 PM   #20
AlBundy
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Thanks for all the replies guys. This whole thing is BS. No cop is going to tell me one way or the other so I'm just going to have to find out the hard way I guess. I can legally own a .40 but I can't buy the ammo for it so if I got stopped I'm sure that wouldn't go good if it's loaded, and it will be because otherwise I might as well just spray paint a bb gun. The black powder pistol seems to be a good idea but if I can just have my .40 I don't want to spend $200 for no reason. I don't really care about concealed carrying anything but I really do want a gun in my car. I just think that it's too dangerous now a days not too, especially where I live. I guess for now I'm screwed and I won't have anything and if something bad ever happens my dad can show the threads I've started on here and sue the living crap out of someone. I can go to Iraq, operate multi million dollar equipment, get shot at and possibly killed but I can't have a pistol in my car. Unbelievable.
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Old February 6, 2012, 01:20 PM   #21
Don P
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Al this is from a book published by a lawyer, Florida Firearms Law,Use & Ownership By Jon H. Gutmacher, Esq.
According to Florida law and federal law any citizen of the age of 18 years, or more, who is not under some other legal disability, may possess or own a handgun,rifle, or shotgun so therefor you can keep it in your car while you travel as long as you follow the law as far as vehicle carry is concerned. You just can't have any ammo for it

web site for the book is www.floridafirearmslaw.com
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Old February 6, 2012, 01:25 PM   #22
AlBundy
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So, just to make sure I understand, if I have my loaded .40 in my glove box in a snapped holster that would/should be legal? My only concern is because it would be loaded and I can't buy ammo I could get in trouble for that ...
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Old February 6, 2012, 06:15 PM   #23
Disinclined
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Lesser of two evils

Al

I guess it all comes down to would you rather be dead or filling out paperwork.
Carry it in your car & pray you never need it. What do the Fl laws say about carrying a long gun in a vehicle?
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Old February 6, 2012, 07:59 PM   #24
AlBundy
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I'm not really sure ... I think I'm allowed to have them but if I got stopped I'm sure that a loaded 12 gauge in my back seat would cause problems lol. If I'm only allowed to have it in my trunk or something then it's useless. I don't even care anymore, I'll figure it out. I appreciate all the responses though. The day I turn 21 I'm getting my CHL.
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Old February 6, 2012, 11:01 PM   #25
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Quote:
Originally Posted by Don P
Quote:
Does this mean you will not be charged? No, it just means you are not breaking the law.
Isn't this statement contradicting itself? If you are breaking the law how can you be charged. Regardless of the opinions in this thread how many posters are willing to test the waters about CC'ing a black powder pistol without the permit? How much would it cost to beat the rap?
The statement is not at all self-contradictory. We see posts/threads almost daily about people being arrested and charged for alleged offenses which prove not to be illegal at all.

The law is very clear: Carrying an "antique" firearm is not illegal in Florida unless the carrier uses it in a crime. So it is not illegal. As the later portion of your question asks, do we expect the average police officer to be aware of that distinction? Probably not. He'll see a gun and make an arrest. It may take a land shark to get the charge dropped, but it would have to be dropped because the law is very specific.

The crux of your post is the valid point of: Who is willing to be the test case? I know what the law says, but I also know that I can't afford the expense of testing it.

So that's how you can be arrested and charged even if you're not breaking the law.
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