Having handgun in vehicle for Florida Concealed Carry Permit holder
I would like a clear concise ruling on having my handgun in my vehicle. I have a Florida CCW permit. If not on my person may the gun be open on the top of the console, in a drivers side door pocket, glove box, on the seat, not holstered, etc. I have tried the FL statutes but can't find a clear ruling.
Looking forward to a good answer. If you can provide one, please reference the place in the FL statutes where it can be found.
The key word in the Concealed Weapons Permit is "Concealed"
It (or any part) should never be in the open.
There is a thing called the "two move rule".
If it takes two moves (open console, grab gun), then a CWP is not required.
If it takes one move (grab the gun from the side door) a CWP is required.
If the firearm is available to be obtained in one move (under the thigh on the seat for example) and the person does not have the CWP, then the weapon is concealed without a permit.
If the firearm is on top of the console, it is not concealed.
If in the driver's side door pocket, it may not be concealed if any part is seen.
In the glove box, it is concealed.
Open display of a handgun in an auto is not permitted in most circumstances
I am not a lawyer.
This info is from "Travelers Guide To the Firearm Laws of the Fifty States", 2012 edition. Newer addition is available at the NRA store. Also try the app "Legal Heat" it's a buck. It is incumbent upon all CCW holders to have these types of sources accessible. It is irresponsible not to, and reflects negatively on your ability to carry.
Concealed means concealed.
You do not need a ccw to have a loaded firearm in your vehicle in FL. The firearm may be loaded and concealed if "securely encased or otherwise not readily accessible". In plain view is OK if in a snapped holster. Securely encased is in glove box or gun case, console. Inaccessible would be in the trunk.
Hope this helps.
Remember, this is not legal advice.
Florida Firearms Law
Jon H Gutmacher, Esq.
Buy this and read it cover to cover.
THE bible for Fl. laws.
When I got my Fl. Cwp in 06, if you had a valid cwp, it was legal to carry a firearm in a vehicle AS LONG AS IT WAS NOT VISIBLE.
It WAS legal to have it laying on the passenger seat if it was covered by so much as a newspaper.
There was no such thing as a "two or three step rule".
As to the law now, I can't say.
The web is not the place to ask for such important information.
Spend the $20. on Mr. Gutmacher s book and know the laws.
Owning this book should be a requirement of Fl. cwp.
Read the statutes, they are very clear. If you have a problem after the reading get a copy of Florida Firearms, Use and Ownership Written by a Florida firearms attorney.
EDIT: this is the book Boatme98 is referring to above and he is dead on about the recommendation. It will be the best $20.00 you will ever spend.
$20.? In Memphis?
The shots would cost me waaaay more!
Here is a short cut to the statutes:
In the "Authorized uses" area:
(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.
Florida State Statute states "Securely Encased" to be carried concealed in a vehicle. "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." So the operative words in Florida Statute 790.25(5) are "Securely Encased" and that is the standard used by law enforcement in the State of Florida. I am a retired Florida Law Enforcement Officer from FLPD.
Below is the definition of "Securely Encased" as defined by Florida Statutes.
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.
|All times are GMT. The time now is 12:11 AM.|
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.