Handgun in vehicle, legal in Florida? - Page 2

NavyLT · September 2, 2009, 04:17 PM

Quote:

Originally Posted by Hkmp5sd

Can you post a link to a Florida law that allows unlicensed concealed carry inside a motor vehicle by overriding 790.25 (5) POSSESSION IN PRIVATE CONVEYANCE?

I am putting my money on NO being the answer to that question! You'll probably get a response back from shottas69 as soon as I get a response from louiethelump!

hogdogs · September 2, 2009, 04:42 PM

Quote:

(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.

In the glove box or console, no holster required as it is encased. Under the seat may need a holster or case but I am not positive.
On the person is only legal with a permit.

There you go...
Brent

Don P · September 3, 2009, 11:06 AM

Quote:

your vehicle is considered an extension of your home and you can legally carry your firearm on your person you just can't get out of the car with it on your person unless you have an CCW

As usual advice given and not being correct. The above statement is a felony.
hogdogs, you are correct except for the under the seat which is a no-no. Placing it there is NOT encasing it. Placing it in a holster under the seat does nothing in trying to comply with the law.
With regard to the above quote, what would you do if stopped by LE and asked to step out of the car without the CCW? Easy answer, YOU ARE SCREWED!!!!!!!!!!!!!!! and off to the gray bar hotel.

hogdogs · September 3, 2009, 11:32 AM

Under the seat in a holster is okay unless you can cite a reason why it isn't... As for the "on your person" part... it plainly says that if you are not a CCWP holder, you are absolutely "NOT" allowed to have the firearm on your person in ANY state of readiness! If the firearm is holstered or stored in a "cubby" like the glove box or console, it may be loaded and even have one in the pipe. No more 3 thru 5 steps (heard both) to ready to fire. Now all you have to do is open a container like the G-box or console to draw or slip the arm from a holster.... This is 100% related to allowing a florida citizen the right and capacity to avoid mugging on the low end and carjacking/murder on the high end.
Brent

Don P · September 3, 2009, 11:58 AM

I stand corrected on the under the seat. This is what I found quoting it from the Florida Firearms law, Use & Ownership.
Anywhere you want EXCEPT on your person. It can even be under the seat -- as long as it's securely encased in a container or box with a closed lid; or a zippered, snapped, or Velcro-closed pouch, holster, or gun case.

divemedic · September 3, 2009, 12:29 PM

Anywhere in the vehicle, as long as it is securely encased. That includes a zippered case, a bag, box, enclosure, or conatiner as long as that enclosure has a lid, strap, clasp, zipper, snap, flap or some other device that must be operated in some fashion to gain access to the weapon. A holster with a snapped retention strap fits this rule, as long as the weapon is concealed and NOT on the person. A shoe box with a lid fits the legal rule. see Alexander v State, 477 So.2d 577(Fla 1985), also Urquiola v State, 590 So. 2d 497 (Fla. 3DCA 1991).

In Alexander, the Florida Supreme court ruled that a man with a gun in a zippered pouch in his car was not in violation of the law, even though there were other items in the pouch other than a firearm, and the man had unzipped and opened the pouch several times in the presence of a police officer.

Also, there is not, nor has there ever been, a two, three, four or five step rule in the State of Florida. see Watson v Stone, 4 So.2d 700 (Fla. 1941)

srt 10 jimbo · September 6, 2009, 05:35 PM

So, If I have a CCW Permit I can carry the gun on my waist in a Holster in the car,or Truck in my case. Is this Correct?

Hkmp5sd · September 6, 2009, 06:40 PM

Yep.

LousyanaMan · October 23, 2009, 02:57 PM

The vehicle is not a extension of the home.

This is a hearsay that became a urban legend.

A judge once told me;

"If a vehicle is a extension of the home, why is it that it has to have a separate insurance policy once it leaves the property?"

"There is a difference between obtaining a warrant to search a home, and a officer searching a vehicle under "Probable Cause", which does not require a warrant."

"The law and the enforcement of carrying a loaded forearm in a vehicle differs from state to state, as it is a concern for public safety."

He went on jokingly;

"Why do you need a official documentation, such as DL, registration, proof of insurance always at hand in the vehicle and not so in your home?"

"Why is it legal to have sex, drink, and be naked in your home and not in your vehicle?"

NavyLT · October 23, 2009, 03:14 PM

Quote:

Originally Posted by LousyanaMan

"Why is it legal to have sex, drink, and be naked in your home and not in your vehicle?"

Because it is more fun that way?!?

Brasscatcher84 · October 30, 2009, 10:51 AM

When in doubt, call the state police/highway patrol and ask. They will tell you.

NavyLT · October 30, 2009, 11:46 AM

Quote:

Originally Posted by Brasscatcher84

When in doubt, call the state police/highway patrol and ask. They will tell you.

They will tell you what they believe to be correct, but in high probability will not be what the law is, it will simply be how they enforce it. Unless the department has a really good training department, ask four different cops what the law is for carrying firearms and you are likely to get four different answers.

Many people on this forum will agree that it is a bad idea to ask cops what the firearms laws are.

Doyle · October 30, 2009, 02:21 PM

Quote:

Many people on this forum will agree that it is a bad idea to ask cops what the firearms laws are.

Very good answer Brownshoe. I've found that many cops have a fuzzy knowledge of firearms laws at best. In fact, there are lots of serious gun packers that keep a copy of the actual laws in their vehicle just in case they run across one of these "uneducated" LEOs.

Don P · October 31, 2009, 11:15 PM

Quote:

Think it has to be in a holster with a strap over it , cause of the way people drive in South Florida.

This is as bad as it gets. TOTAL BULL****

Quote:

So, If I have a CCW Permit I can carry the gun on my waist in a Holster in the car,or Truck in my case. Is this Correct?

Yes (BUT) as long as it is CONCEALED. If it can be seen you are open carring and that is NOT permited. Felony!

JimXeod · May 1, 2012, 09:46 AM

Sorry to dig up an old thread! I found this very informative thread, and is consistent with what I read as far as Florida laws pertaining to Personal conveyance.

I do have a question for the legal eagles out there. I would never willingly tell an officer if stopped about a handgun in my glovebox. I can legally own it, and it is my right under the law. My registration and insurance documents are located elsewhere. However, what if he asks? It seems there might be some gray area there, as it pertains to my civil rights. I haven't gotten pulled over in 20 years, but don't they ask if you have weapons, alchohol, or drugs in the car? Pardon my ignorance if I am way off.

Doyle · May 1, 2012, 10:11 AM

Quote:

I do have a question for the legal eagles out there. I would never willingly tell an officer if stopped about a handgun in my glovebox. I can legally own it, and it is my right under the law. My registration and insurance documents are located elsewhere. However, what if he asks? It seems there might be some gray area there, as it pertains to my civil rights. I haven't gotten pulled over in 20 years, but don't they ask if you have weapons, alchohol, or drugs in the car? Pardon my ignorance if I am way off.

Welcome to the forum. First. DON'T GRAVE DIG. Grave digging is posting to a long-dead thread just to ask a related question. Second, in Fl you don't have to tell LE about a firearm unless asked - then you must disclose. That is not the case in all states. There are many states that have affirmative disclosure laws (i.e, you have to warn the officer right up front).

JimXeod · May 1, 2012, 10:20 AM

^^^^ Sorry. I just really didn't want to start a whole new discussion, and the question was pretty specific to the legal direction the thread had taken.

Do they, and do they have a right to ask you about a gun?

**Tom Servo** · May 1, 2012, 11:41 AM

The OP's question was answered by Hogdogs and HKmp5 a year and a half ago.

Quote:

Do they, and do they have a right to ask you about a gun?

You have no duty to inform an officer that you're armed. They do have a right to ask, as they've got a right to ask anything they want.

In the future, please start a new thread, rather than forking off an old one.

September 3, 2009, 11:58 AM	#30
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	I stand corrected on the under the seat. This is what I found quoting it from the Florida Firearms law, Use & Ownership. Anywhere you want EXCEPT on your person. It can even be under the seat -- as long as it's securely encased in a container or box with a closed lid; or a zippered, snapped, or Velcro-closed pouch, holster, or gun case. __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

September 3, 2009, 12:29 PM	#31
divemedic Senior Member Join Date: August 12, 2006 Posts: 1,310	Anywhere in the vehicle, as long as it is securely encased. That includes a zippered case, a bag, box, enclosure, or conatiner as long as that enclosure has a lid, strap, clasp, zipper, snap, flap or some other device that must be operated in some fashion to gain access to the weapon. A holster with a snapped retention strap fits this rule, as long as the weapon is concealed and NOT on the person. A shoe box with a lid fits the legal rule. see Alexander v State, 477 So.2d 577(Fla 1985), also Urquiola v State, 590 So. 2d 497 (Fla. 3DCA 1991). In Alexander, the Florida Supreme court ruled that a man with a gun in a zippered pouch in his car was not in violation of the law, even though there were other items in the pouch other than a firearm, and the man had unzipped and opened the pouch several times in the presence of a police officer. Also, there is not, nor has there ever been, a two, three, four or five step rule in the State of Florida. see Watson v Stone, 4 So.2d 700 (Fla. 1941) __________________ Caveat Emperor

September 6, 2009, 06:40 PM	#33
Hkmp5sd Senior Member Join Date: December 15, 2001 Location: Winter Haven, Florida Posts: 4,303	Yep. __________________ NRA Certified Instructor: Pistol, Rifle, Shotgun, Home Safety, Personal Protection, Range Safety Officer NRA Life Member

September 3, 2009, 11:32 AM	#29
hogdogs Staff In Memoriam Join Date: October 31, 2007 Location: Western Florida panhandle Posts: 11,069	Under the seat in a holster is okay unless you can cite a reason why it isn't... As for the "on your person" part... it plainly says that if you are not a CCWP holder, you are absolutely *"NOT"* allowed to have the firearm on your person in *ANY* state of readiness! If the firearm is holstered or stored in a "cubby" like the glove box or console, it may be loaded and even have one in the pipe. No more 3 thru 5 steps (heard both) to ready to fire. Now all you have to do is open a container like the G-box or console to draw or slip the arm from a holster.... This is 100% related to allowing a florida citizen the right and capacity to avoid mugging on the low end and carjacking/murder on the high end. Brent

September 6, 2009, 05:35 PM	#32
srt 10 jimbo Senior Member Join Date: September 10, 2008 Location: Fort Lauderdale Posts: 955	So, If I have a CCW Permit I can carry the gun on my waist in a Holster in the car,or Truck in my case. Is this Correct?

October 23, 2009, 02:57 PM	#34
LousyanaMan Junior Member Join Date: October 23, 2009 Posts: 6	The vehicle is not a extension of the home. This is a hearsay that became a urban legend. A judge once told me; "If a vehicle is a extension of the home, why is it that it has to have a separate insurance policy once it leaves the property?" "There is a difference between obtaining a warrant to search a home, and a officer searching a vehicle under "Probable Cause", which does not require a warrant." "The law and the enforcement of carrying a loaded forearm in a vehicle differs from state to state, as it is a concern for public safety." He went on jokingly; "Why do you need a official documentation, such as DL, registration, proof of insurance always at hand in the vehicle and not so in your home?" "Why is it legal to have sex, drink, and be naked in your home and not in your vehicle?"

October 30, 2009, 10:51 AM	#36
Brasscatcher84 Junior member Join Date: April 14, 2009 Location: Oklahoma Posts: 128	When in doubt, call the state police/highway patrol and ask. They will tell you.

May 1, 2012, 09:46 AM	#40
JimXeod Junior Member Join Date: May 1, 2012 Location: Belleair, Florida Posts: 2	Sorry to dig up an old thread! I found this very informative thread, and is consistent with what I read as far as Florida laws pertaining to Personal conveyance. I do have a question for the legal eagles out there. I would never willingly tell an officer if stopped about a handgun in my glovebox. I can legally own it, and it is my right under the law. My registration and insurance documents are located elsewhere. However, what if he asks? It seems there might be some gray area there, as it pertains to my civil rights. I haven't gotten pulled over in 20 years, but don't they ask if you have weapons, alchohol, or drugs in the car? Pardon my ignorance if I am way off.

May 1, 2012, 10:20 AM	#42
JimXeod Junior Member Join Date: May 1, 2012 Location: Belleair, Florida Posts: 2	^^^^ Sorry. I just really didn't want to start a whole new discussion, and the question was pretty specific to the legal direction the thread had taken. Do they, and do they have a right to ask you about a gun?