MedWheeler
Regular Member
Hello, all. Just joined today while researching this very topic. I've been doing so because some thoughts have been occurring to me. I think that, with the passage of SB234 earlier this year, it remains to be seen whether or not the practice of "open carry" while in one's own motor vehicle (MV) will continue to be regarded as illegal. The reason I think this is that Florida law considers a firearm to be hidden (in both legal and illegal aspects) if it is "concealed from the ordinary sight of another person." Now, in most cases, especially in mine, since I am left-handed, when one is operating a MV and is alone in same, few, if any, other people would be able to see a firearm worn on the belt without exercising a level of sight beyond "ordinary". If someone walks up to your car and deliberately peers inside, that would be such an example, no different than if someone were to stoop down and look up one's jacket. There is no law specifically prohibiting a licensee from carrying in an OC-style in his/her car; it only authorizes one to carry a firearm/weapon concealed, and does not even state by what means it shall be concealed. CW/FL laws do indeed prohibit OC, even by carry licensees, but is a firearm carried on one's person and concealed by the structure of the vehicle (or the licensees own body by way of seating position) still considered "openly displayed" if no one can see it?
True, when one then exits their MV without covering first, the weapon then becomes visible. However, the law now allows such "brief" visibility, as long as it is not "in a rude, threatening, or angry manner not in necessary self defense." (The definition of "brief" has not been determined yet by either statute or case law.) Once outside, the person would either doff the weapon and return it to proper storage, or don a cover garment.
At this point, I am certainly not suggesting any of you decide to be the test subject. However, I do believe it warrants discussion in legal circles, and may have already gotten some. Would the practice be considered legal or at least "unprosecutable"? The law allowing for "brief" display as described is new, so there is no experience that I know of with it. I'm wondering if the FHP may even have issued directives or suggestions to consider these factors when encountering such situations (this is in response to a post in which the author writes that he was stopped by a FHP trooper and cited for speeding, all while his OC'd handgun was clearly visible on his hip. The trooper noted the firearm, but made no issue of it.)
Edit: For the benefit of others who may peruse this thread, it was started with the idea that I was only referring to those licensed in Florida to carry a firearm (or other weapon) concealed on their person. I forgot to include that clause in the opening lines.
True, when one then exits their MV without covering first, the weapon then becomes visible. However, the law now allows such "brief" visibility, as long as it is not "in a rude, threatening, or angry manner not in necessary self defense." (The definition of "brief" has not been determined yet by either statute or case law.) Once outside, the person would either doff the weapon and return it to proper storage, or don a cover garment.
At this point, I am certainly not suggesting any of you decide to be the test subject. However, I do believe it warrants discussion in legal circles, and may have already gotten some. Would the practice be considered legal or at least "unprosecutable"? The law allowing for "brief" display as described is new, so there is no experience that I know of with it. I'm wondering if the FHP may even have issued directives or suggestions to consider these factors when encountering such situations (this is in response to a post in which the author writes that he was stopped by a FHP trooper and cited for speeding, all while his OC'd handgun was clearly visible on his hip. The trooper noted the firearm, but made no issue of it.)
Edit: For the benefit of others who may peruse this thread, it was started with the idea that I was only referring to those licensed in Florida to carry a firearm (or other weapon) concealed on their person. I forgot to include that clause in the opening lines.
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