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Old August 25, 2009, 11:07 AM   #4
jjyergler
Senior Member
 
Join Date: July 31, 2008
Posts: 295
Delta58 is right.

I could copy and paste the law, but he already did that. I looked into this, and it comes down to two simple issues.

First it must be "securely encased." This means in a center console, in a snapped holster, in a glove box, etc.

Second, it can not be visible. A snapped holster on the seat is not ok. A snapped holster under the seat is ok. A snapped holster in the door pocket is questionable.

If it is concealed on your person, it is not acceptable.

Check Florida Statute 790.001 "Definitions"
(17) "Securely encased" means 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.


790.25
(4) CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.

790.25
(5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), 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.

I added the bold to point out the intent of the legslature. The bold sections indicate that the law is intended to be interpreted in favor of the gunowner when possible. This is important, because in the decision to prosecute, the state would have to find evidence to overcome the intended liberal interpretation. It's just another example of Florida's gun owner friendly system.
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