florida law
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Thread: florida law

  1. florida law

    I'm new to this and haven't gotten my permit yet but I've seen these cases called "phone cases" that hold a little 380. Are these legal? It would seem they could argue that it's a holster on your belt and considered open carry.

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  3. #2
    Quote Originally Posted by marijke81 View Post
    I'm new to this and haven't gotten my permit yet but I've seen these cases called "phone cases" that hold a little 380. Are these legal? It would seem they could argue that it's a holster on your belt and considered open carry.
    Yes, the "cell phone" case type holster is perfectly legal. Taurus even includes one with the gun when you buy a TCP. What is illegal (without a $200 tax stamp as an AOW) is a holster that completely disguises the gun, from which the gun can be fired without removing from the holster.

    This is an AOW because it completely disguises the gun AND the gun can be fired without removing from the holster (although you would only get one shot because the slide would not cycle):
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  4. #3
    This is sold with the TCP and is perfectly legal, with no hoops to jump through, because the gun cannot be fired without removing it from the case:
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  5. #4
    This is also perfectly legal, with no hoops to jump through, because it does not disguise the gun:
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  6. Thanks thats very helpful

  7. #6
    Quote Originally Posted by marijke81 View Post
    Thanks thats very helpful
    Ah... but I see now what you were asking in regards to Florida law. The gun would be concealed in the case such as comes with the Taurus TCP. The average person would not be able to discern that you were carrying a gun. So, I would say, in Florida, it would be perfectly legal to carry the TCP in the case provided on your belt, with the case completely visible. Open carry is generally defined as a reasonalbe person being able to readily distinguish the object you are carrying is a gun. In the case of the TCP in it's provided case, a person would have to open the case and look inside to determine if a gun was there. Just like if you were carrying the gun in a purse or fanny pack.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  8. #7
    Quote Originally Posted by NavyLCDR View Post
    This is also perfectly legal, with no hoops to jump through, because it does not disguise the gun:
    I see you got your Oakleaf. Congrads!

    I believe you are wrong on this holster as it conceals the grip. I saw it somewhere online that the grip has to be disernable. ATF may have a problem with that.

    Wallet Holster
    Last edited by Seeya; 06-16-2011 at 05:37 PM. Reason: add link/spelling
    The Only Easy Day Was Yesterday

  9. #8
    Quote Originally Posted by marijke81 View Post
    I'm new to this and haven't gotten my permit yet but I've seen these cases called "phone cases" that hold a little 380. Are these legal? It would seem they could argue that it's a holster on your belt and considered open carry.
    This book will help:

    Buy FLORIDA FIREARMS Law, Use & Ownership Book Seventh Edition - Only $31.50
    The Only Easy Day Was Yesterday

  10. #9
    Join Date
    Feb 2010
    Location
    SE Florida
    Posts
    1,880
    Since open carry is NOT allowed in Florida and you do not yet have a permit (required in Fla for concealed carry), you will be breaking the law by carrying in public regardless of what kind of holster your pistol is in. The only exceptions would be some narrow loopholes that allow non-permit holding gun owners to carry unloaded weapons to and from gun ranges, competitions, etc.
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

  11. #10
    Join Date
    May 2010
    Location
    Las Vegas, Nevada
    Posts
    623
    I maintain a second home in Orange Park, Florida and have had a permit there for too many years to count. As stated in a post above, OC is not legal in Florida. However, a CCW permit is easy to obtain...assuming a good background check.

    IMHO, trying to be "tricky" with holsters to get around the no-OC situation is akin to looking for trouble. There are many nice CC holsters available for the small .380's (Keltec, LCP, etc).

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