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Thread: Questions concerning unlicensed carry in personal vehicle: Florida

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    Questions concerning unlicensed carry in personal vehicle: Florida
    I have a question for individuals, who have knowledge of Florida Gun Laws. I currently do not have a CWP. I am told that it is legal to carry a loaded handgun in the glove box, of my personal vehicle. I will keep it in condition #1.
    My question is this: Is this legal, or am I asking for trouble if I get pulled over? Do I announce to LE that I have a gun, or do they always ask these days? If by chance I need to use it in a life or death situation (attempted robbery of myself, car jacking, etc.).. what are some examples of justifiable use scenarios?

    Also, I own a shotgun and handgun for home defense purposes. I keep both loaded at all times. The square mile radius around my house has the highest crime rate in my county. I enjoy working on projects at night, in my attached garage (with the doors open). I keep my pistol in a box within reach. If by chance I need it to protect myself, what are some examples of justifiable use scenarios? I am somewhat familiar with the FL Castle Doctrine, and "meeting force with force".

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    I believe that it is legal to carry a gun in your glovebox or
    closed center console and having a handgun on your personal property or residense is also legal.
    You may want to go online and checkout the Florida laws as there may be so quirks in there.

    cmanhome
    CWP holder in Florida


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    Don't take my word for it, but i've heard that you have to able to make 2 moves before being able to remove the gun. In a container most likely, such as the glovebox, center console, something you have to open first.

    I was pulled over in Alabama for speeding (barely), and I politely informed the officer that I had 2 handguns in the glovebox (my 45 and my girlfriend's 38s). He asked if I had a CWP, andI informed him that we travel from Louisiana to Florida frewuantly, and that I'm not required to have one in Florida, or Louisiana. He just said "OK" and proceeded to write me a speeding ticket. I thought this was odd since Alabama is a "no unlicensed vehicle" carry state.

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    In Florida you can have a gun on the seat next to you as long as it is securely encased. Generally, i take that to mean that you can't make the gun go *Bang* in whatever you're keeping it in. glove box, gun rug, snapped holster, hell i think there was even a case where a guy had it in a cardboard box with the flaps closed that they said was fine. you don't have to tell the cops you have it if you're pulled over, but if its in the glove box, PLEASE keep your registration and insurance in the visor over your head. I had a young cop panic once when i told him my registration was in the glove box with my gun. next thing you know i have to teach four more cops the florida carry laws and tell them its none of their damn business why i'm at the beach with my wife at 2300 or why i have a gun while i'm there. on your property, even if you're renting, you can openly carry whatever you want, on your person, so long as its a legal weapon. as far as defending yourself, you have to have reasonable belief that you, or those around you, are in danger of great bodily harm or death. get a copy of the book Florida Firearms: Law, Use, and Ownership by Jon Gutmacher. He makes it really easy to understand the laws and updates the book on his website. Hope it helps!

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    Founder's Club Member ixtow's Avatar
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    Lets see how long this lasts. Hahaha!

    Actual case law:

    A loaded handgun, in a ziplock bag, shoved in the hole in the dash where the stereo used to be; perfectly OK.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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    See the FAQ at the end of the Florida concealed carry information site.
    QUESTION 6.I am planning a trip to Florida shortly. I do not have a permit from my home state nor do I want to obtain a Florida permit. However, I would still like to have a weapon with me for self-protection. What are my options?
    Florida law does allow a citizen to transport a weapon in a private vehicle, even if that citizen DOES NOT HAVE a concealed weapon license. Note the following two key provisions in the law:

    Section 790.25(5), which deals specifically with possession in a private conveyance states that "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." (Emphasis added.)

    Section 790.001(17) defines the term "securely encased" to mean "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, while you cannot carry the weapon on your person, you can at least have it nearby in your vehicle while traveling.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Is there a reference for the case with the gun in a zip lock bag? That sound like interesting reading.

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    I am going to pass on to you the name of the book that was recommended to me by several gun shops as well as my instructor for my ccw course.

    Florida Firearms - Law, Use & Ownership - Sixth Edition.

    Author: John H. Gutmacher, Esq.

    I've read it a few times already and always find something new, it has answereds a lot of questions that I've had.

    There's also a website - http://www.FloridaFirearmsLaw.com





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    The firearm needs to be encased and can not be on your person.

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    You can have a gun in your car as long as it meets one of two conditions:

    1. It is not in yourmanual possession and it is "securely encased." Florida law defines "securely encased" as requiring an intermediate step be completed before you can get the weapon into service, i.estored in your glove box or center console (as long asitis closed, but does not have to be locked and the gun does not have to be in any kind of holster or pouch so long as it stays closed), or secured in some kind of holster with a retention strap or a pouch that closes. Basically, anything will work as long as there is some device that holds the gun in place, i.e.a zipper,and the trigger is not easily workable without removing the gun. I would think twice about using a ziplock bag, or anything that would still allow you to fire the gun without removing it. There is some debate as to whether or not a drawstring qualifies (think Crown Royal bag). Essentially Florida Law makes it relatively easy to comply and still have the weapon available when you really need it.

    2. It is not in your immediate reach such that for practical purposes it could be considered in your manual possession. This means don't leave it sitting on your passenger seat un-encased and don't just wedge it in between the seats. If it isn't in a case, the best place for it is in your trunk.

    Of course, if you have a carry permit, you don't have to worry about any of this. You could keep it on your lap if you really wanted. As far as notifying the Police that you have a gun in the car if you get pulled over . . . it depends. There is no law requiring it, but you would definitely want to tell him/her if there was any chance at all that it would be an issue. Traffic stops are a very vulnerable situation for police officers, and they take their safety pretty seriously.If they see a gun that you didn't tell them about, don't be surprised if their reaction is less than pleasant. Better to be safe than sorry.

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    WhiteRabbit22 wrote:
    Don't take my word for it, but i've heard that you have to able to make 2 moves before being able to remove the gun. In a container most likely, such as the glovebox, center console, something you have to open first.
    Nah....there is no '2 step' or 'three step' requirement. "Securely encased....not readily accessible".

    In a shoebox on the seat next to you is perfectly legal. Glovebox or console, with or without holster, good to go.
    Director,
    Florida Carry, Inc.

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    Brown v. United States, 1921

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    I just finished reading the book, and highly recommend it to anyone owning a firearm in Florida "FLORIDA FIREARMS Law, Use & Ownership"

    - http://www.FloridaFirearmsLaw.com

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    tracylaud83 wrote:
    I just finished reading the book, and highly recommend it to anyone owning a firearm in Florida "FLORIDA FIREARMS Law, Use & Ownership"

    - http://www.FloridaFirearmsLaw.com
    Excellent, isn't it? You'll pick up something new everytime you read it.

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    JimmyD8681 wrote:
    tracylaud83 wrote:
    I just finished reading the book, and highly recommend it to anyone owning a firearm in Florida "FLORIDA FIREARMS Law, Use & Ownership"

    - http://www.FloridaFirearmsLaw.com
    Excellent, isn't it? You'll pick up something new everytime you read it.
    Hell yeah you do! the only other book i have that is as highlighted and tore up from usage as FL Firearms is my Bible. Even if you're just thinking of getting a gun in Florida, I recommend this book.

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    Founder's Club Member ixtow's Avatar
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    cvickers wrote:
    Is there a reference for the case with the gun in a zip lock bag? That sound like interesting reading.
    Wish I could cite a link, but it came up in a face-to face discussion with an Assistant State Attorney; not online.

    I'm not much for researching case law...

    What it came down to was that it was securely encased (trigger could not be pulled while in a bag shoved in a hole) and not on the defendant's person. To argue to the contrary would be to say that an unholstered weapon in a glove box would also be illegal. Fail. Case dismissed.

    Prosecution failed to convict someone of a 'gun crime' who wasn't doing anything wrong... Much less with a gun.

    Brings up an interesting point tho.

    Do you realize how much of the 'gun crime' statistics comes from crimes in which no gun was actually even involved? Arrest a guy for beating his wife, the neighbor 3 houses down, who is a witness, owns a gun (was mentioned in the police report when the officer entered the home to interview the witeness to the assault. Why this was an important detail to include in a police report, no one yet has figured out...) .

    Suddenly, Sarah Brady is including this in her "gun crime" statistics... Why? Becasue Gun Controllers are liars.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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    I would inform the LEO just out of courtesy and most importantly SAFETY.Their job is stressful enough and finding a gun raises red flags for any LEO.

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