But, I seem to recall that a loaded gun in a closed container is legal, without a permit? Opinions?
There's got to be more to this story. In Florida, with or without a license, you may carry a loaded firearm in your vehicle. It only must be properly secured and not within immediate access.
A center console, glove box, or, technically, a snapped holster in you passenger seat is considered by most legal experts to be legal in Florida.
Honestly, to make this answer shorter...it's technically only concealed if it's on your person without a License.
Now, I do not know the laws regarding having a firearm in your possession in your vehicle while in the act of a crime. That may change the WHOLE thing. I've got a hunch, but, since I don't know for certain, in lieu of passing on incorrect information, I'm only guessing here.
This sums up a lot of the Florida gun laws:
Having a gun while committing a felony or violent misdemeanor will usually be an additional or enhanced charge. You are only legal to carry when you act lawfully.
Speeding is not a violent act. As long as his center console has a lid that you would need to open to get to the firearm, that charge won't stand.
Last edited by StogieC; 10-09-2010 at 01:13 PM.
Yeah, the police report was very vague, except where the officer noted the the hammer was cocked! OMG, like that makes any difference at all! He did not state if the "Armrest/center console" [his wording] was open or closed.
If closed - no crime, if open - oops!
Plus the report did not specify the model of the caddy, so I could not go find out if it has a closeable center console.
Note: The officer could also be referring to the open console area with the drink holders and the place all the crap accumulates: spare change, sunglasses, smokes, etc.
The police reports suck and if I was his boss I'd be all over him about it!