FL Vehicle Carry?

[steve4102]

NY Jets running back Chris Johnson was arrested in FL on gun charges. Apparently he has a Permit to carry "Concealed" in FL. He was arrested because his firearm was not "concealed" while in his vehicle.

http://www.nydailynews.com/sports/fo...icle-1.2073166


I have done did the Google and all I can find is "vehicle carry" without a permit. So, is it illegal to carry with an exposed "slightly exposed" firearm in FL with a permit while in your vehicle?

[Aguila Blanca]

I think he's screwed.

http://www.handgunlaw.us/states/florida.pdf

Florida statutes make no provision for open carry -- even if you have a concealed carry license. Unlike some states, Florida apparently doesn't have a third status, for transport in a motor vehicle. So, it's either concealed ... or it's not.

790.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons

(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.

790.001 Definitions.--As Used in This Chapter, Except Where the Context Otherwise Requires:

(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.


790.053 Open Carrying of Weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:

(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

All he had to do was to put the heater in the glove box or center console and he would have been good to go.

[Doyle]

Highly doubtful that charge will stick. He wasn't "carrying" so a charge for open carry is out. The law allows a non-permit holder to have a vehicle in a car as long as it is "securely encased" in which the courts have interpreted a snapped holster to meet. However, that section of law specifically relates to non-permit holders. There really isn't a statute I know of that deals with how a permit holder may leave gun in the vehicle.

About the only way I could see an open carry charge sticking is if there was no holster and it was being held by his feet.

[Aguila Blanca]

Originally Posted by Doyle

About the only way I could see an open carry charge sticking is if there was no holster and it was being held by his feet.

Isn't that exactly what the article said?

According to police, Johnson was stopped at 8:56 p.m. after failing to come to a halt at a stop sign. Police said that when the officer approached Johnson's car he saw the handle of a firearm between the running back's feet.

[dakota.potts]

A handgun in a car in Florida must be securely encased or not readily available for immediate use. In either situation, however, it must be concealed.

His only argument might be that Florida's definition of concealed is something along the lines of carried out of the ordinary sight of another person and that the cop had an unordinary view. He could also challenge the statute in court facially by saying it infringes on his right to carry a gun and serves no compelling public interest, but I don't see that one going over as well

[Doyle]

Aquila, the article doesn't say whether or not the gun was holstered. That small detail could make all the difference in the world.

[Don P]

Open carry is legal in Florida while hunting, fishing and while traveling in a private conveyance to and from a shooting event private gun range/club event so it could have been on his person in the open if he were coming/going to one of the previous mentioned . It was not so that part of the statute does not apply. Vehicle transport here in Florida means in the console, glove box, closed container. A door/lid must be removed/opened to gain access to the handgun for it to be legal transport/possession in a vehicle

Florida statutes make no provision for open carry

Incorrect statement in the quote above.

It falls under 790.25 and before I would insert foot in mouth I checked with the instructor's at the private range I am a member of and open carry is legal in the instances in 790.25. Not all LE agree and we have checked with deputies and some say no problem and some say they would arrest for open carry even though the statute states it is legal

[Aguila Blanca]

Originally Posted by Doyle

Aquila, the article doesn't say whether or not the gun was holstered. That small detail could make all the difference in the world.

How would it have made any difference if vehicle transport requires the firearm to be in an enclosed container? A holster doesn't qualify under FL law as a closed container.

[Microgunner]

Doesn't need to be in a container if you possess a valid carry permit, just concealed from ordinary view.
The cop could see it so he was in violation of the terms of his permit.
Florida law also allows an exemption for momentary accidental display of your CCW.

[Doyle]

A holster doesn't qualify under FL law as a closed container.

Absolutely it does. See the qualifiers under the law.
790.001 Definitions.-- As Used in This Chapter, Except Where the Context Otherwise Requires:

(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.

[Aguila Blanca]

Originally Posted by Doyle

Absolutely it does. See the qualifiers under the law.
790.001 Definitions.-- As Used in This Chapter, Except Where the Context Otherwise Requires:

(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.

Words have meaning. How many of us carry in holsters that have any sort of snap securement? Not just any old holster will satisfy this provision.

You're right -- the article doesn't provide enough information. He could have been transporting the gun in a snapped holster -- but I'll bet he wasn't.

[Microgunner]

Again, he didn't need it snap holster, he has a valid CCW.
Just needed to be concealed from ordinary view.