Firearm & Gun Forum - FireArmsTalk.com

Firearm & Gun Forum - FireArmsTalk.com (http://www.firearmstalk.com/forums/)
-   Florida Gun Forum (http://www.firearmstalk.com/forums/f122/)
-   -   Conceal Carry Question? (http://www.firearmstalk.com/forums/f122/conceal-carry-question-73780/)

themike13 10-06-2012 02:12 AM

Conceal Carry Question?
 
I'm reading the book "Florida Firearms 7th edition, by Jon H. Gutmacher."
It is a great book and clearly explains 98% of the questions any Florida gun owner may have.
My problem is, I can't seem to clarify one concealed carry question: if you are carrying a handgun in your vehicle with a valid CCW permit, can you have it in an unsnapped holster concealed on your person?
The law seems to state that in a vehicle a weapon must be "securely encased." At the least it must be in a snapped holster.
Unfortunately, I carry a Springfield XD and a strap would activate the grip safety. CAN ANYONE ADVISE?

gladesbassin 10-06-2012 02:18 AM

Quote:

Originally Posted by themike13
I'm reading the book "Florida Firearms 7th edition, by Jon H. Gutmacher."
It is a great book and clearly explains 98% of the questions any Florida gun owner may have.
My problem is, I can't seem to clarify one concealed carry question: if you are carrying a handgun in your vehicle with a valid CCW permit, can you have it in an unsnapped holster concealed on your person?
The law seems to state that in a vehicle a weapon must be "securely encased." At the least it must be in a snapped holster.
Unfortunately, I carry a Springfield XD and a strap would activate the grip safety. CAN ANYONE ADVISE?

I live in Florida, when I carry it stays on my person in a hybrid holster with no strap. I'm not going to remove/put on my carry firearm everytime I get in and out of the car. It's not a vehicle gun it's my carry firearm. Maybe if it was stored in the car, but like you said that would depress your safety makin it an unsafe firearm.

therewolf 10-10-2012 10:16 PM

Read the law more closely.

In a motor vehicle it has to be

covered, snapped, zipped,etc.

Do you have an article of clothing

OVER your CC?

Then it's COVERED...;)

IANAL, but here in the Sunshine State, the

cops aren't going to go out of their way to

bust your pahookie about every last crossed

T and dotted I.

If you show a reasonable level of discretion,

you have a much better chance of waking up,

on the back porch, with a gator chawing on your

leg, than getting hassled by LE.

Daoust_Nat 10-25-2012 12:31 AM

Be careful in Hillsborough County (Tampa). They have lost enough LEOs the last two years that they are pickey.

canebrake 10-25-2012 12:35 AM

Show respect, get respect.

danf_fl 10-26-2012 12:04 PM

When one is carrying, obeying the laws is crucial.

Don't get pulled over for doing something stupid, and most will not bother with you.

1911love 01-06-2013 07:27 PM

Most LEOs I've talked too just don't want to see it readily accessible. Such as-concealed, in glove box, trunk, center console are all ok. Tampa/Orlando has lost quite a few LEOs recently, but the cops around there have always been cool to me. Just show respect and you will avoid the "attitude check".

Gh0zt36 01-15-2013 04:36 PM

Quote:

Originally Posted by themike13 (Post 966068)
I'm reading the book "Florida Firearms 7th edition, by Jon H. Gutmacher."
It is a great book and clearly explains 98% of the questions any Florida gun owner may have.
My problem is, I can't seem to clarify one concealed carry question: if you are carrying a handgun in your vehicle with a valid CCW permit, can you have it in an unsnapped holster concealed on your person?
The law seems to state that in a vehicle a weapon must be "securely encased." At the least it must be in a snapped holster.
Unfortunately, I carry a Springfield XD and a strap would activate the grip safety. CAN ANYONE ADVISE?


I'm no lawyer but yes if it is on your person it is subject to the same CC law as if you were out walking around. In your vehicle without CCP you are not allowed to conceal a firearm or weapon on your person. I carry in a IWB with no snap all the time.

In vehicle the weapon must be holstered or glove box , center console. Any manner where the gun cannot be readily picked up and fired. I however have never heard it must be a snapped holster. Regardless that term only applies to the manner it is concealed in vehicle not on person.

And that " must be 3 steps before able to fire " myth is is just that a myth. Your weapon can be condition zero as long as it is " securely encased "

Doc3402 01-17-2013 07:12 PM

Quote:

if you are carrying a handgun in your vehicle with a valid CCW permit, can you have it in an unsnapped holster concealed on your person?
Yes, absolutely.

Quote:

The law seems to state that in a vehicle a weapon must be "securely encased." At the least it must be in a snapped holster.
That is for people carrying in a car that do not have a concealed weapons permit.

Doc3402 01-17-2013 07:38 PM

Quote:

And that " must be 3 steps before able to fire " myth is is just that a myth. Your weapon can be condition zero as long as it is " securely encased "
Thanks for bringing that up. In Florida, according to a retired LEO that taught our concealed weapons class, the three steps rule is in fact a myth, and according to him the "securely" part is in the eyes of the LEO. He advised us to tell anyone we knew that carried in the vehicle without a valid permit to copy the following statute and have it with them at all times.

Quote:

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.
Some LEO's will accept wrapped in a towel, others will require something with a lid or door between you and the weapon. The towel is really NOT a good idea, but the console or glove compartment seem to be universally acceptable unless you are committing another criminal act at the time.


All times are GMT. The time now is 04:57 AM.

Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.