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-   -   Ccw question... (http://www.firearmstalk.com/forums/f14/ccw-question-75140/)

TMLAROCK 10-27-2012 03:52 AM

Ccw question...
 
If you're going to the range without CCW and get pulled over, can the cops arrest me with a gun in the trunk in Miami FL

danf_fl 10-27-2012 07:25 AM

My first question is why did you get pulled over? Did you do something stupid?

If the firearm is unloaded and in the trunk, they cannot charge you with having that as a concealed weapon (why did you consent to a search in the first place?)

Of course, there could be other reasons they arrest could arrest you.

c3shooter 10-27-2012 08:10 AM

As he said- an unloaded firearm, cased, secured in the trunk is not a concealed weapon.

Now, as far as what ELSE you might have done, yer on yer own....

Chainfire 10-27-2012 09:32 AM

If you are not prohibited from possessing a firearm for some other reason:

There is nothing illegal about a firearm in the trunk of your car in Miami. (or anywhere else in Florida)

There would be nothing wrong with a loaded pistol in your glove compartment, with or without the glove compartment locked.

In Florida, which generally does not have open carry, it is also legal to open carry when at a shooting session, or on your way to or from a shootig session.

If you are indeed legal to have a firearm and were arrested, you need an attorney, because the cop was dead wrong.

Just wondering, why was the cop tossing your trunk anyway? If he had probable cause to search your car, there was another issue in play. If you gave him permission to search your car, you weren't thinking straight.

TMLAROCK 10-27-2012 11:20 AM

I didn't even get pulled over or anything... I just wanted to know what would happen and no I haven't done anything wrong.

Just wanted to know what you guys thought

therewolf 10-27-2012 12:39 PM

IANAL, but as a Florida resident who has studied

the state's firearms extensively:

1- NO other weapons whatsoever in the vehicle,

2-ONLY firearm is in the trunk,

3-LE has no probable cause to search,

You may want to hire a lawyer.

Retirement is nice, this time of century...

clr8ter 10-27-2012 03:50 PM

Why is everybody responding like it actually happened? I read that as a question, and no more. He wants to know if he can do it.

TMLAROCK 10-27-2012 09:09 PM

Thank you... Just a question

Doc3402 10-28-2012 11:11 AM

Quote:

Originally Posted by TMLAROCK (Post 991383)
If you're going to the range without CCW and get pulled over, can the cops arrest me with a gun in the trunk in Miami FL

With Florida's relatively new law forbidding municipalities from making gun laws more restrictive than state statute, the answer is no... unless you are in the process of committing a crime.

Look, if you are going to be dealing with firearms you really need to familiarize yourself with Chapter 790 of Florida State Statutes. An online forum where people could be from anywhere in the world is not the place to be asking questions about your local laws. I know that sounds rude, and I apologize, but you have to understand that you could get advice from someone that signs you up for 15 years of playing rock hockey at the big house.

Chainfire 10-28-2012 11:31 AM

Let me say, I have no financial interest in the following, and promote this book only as a service for Florida Gun Owners. I use it in my CCW training classes.

Florida residents are very lucky, in that we have an Attorney who has written a great book on Florida firearms laws. He also provides updates, on-line twice a year. He includes Federal firearms laws in the subject matter.

The book is very readable, and there will be stuff in there that can keep you out of jail; things you never thought about. Gutmacher writes this in plain language with no legalize, he talks about firearms law as if he might be having a beer with you and discussing the subject. The book is used at the Florida law enforcement training academies.

Get you answers from an Attorney who pracitces Florida firearm law, not from the web.

Florida Firearms Law, Use and Ownershipby Jon H. Gutmacher (7th edition) (a quick google search will bring up his web-site)

Don't buy a previous edition on-line at a bargain price, because as the laws change, the older editions become inaccurate. I am a tight-wad, and I don't complain at all about paying $31.50 for the book..


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