carrying in car question
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Thread: carrying in car question

  1. carrying in car question

    I live in FL. When I am driving to and from wherever I often will remove my Glock 23 from my holster where I carry at 3 o'clock and place it on the floorboard by my feet. I have a nice tuckable place that is easy to get to. FL law says that a gun has to be securely in a zipped or locked case/ glove compartment or unloaded etc. in the car. I do have my CCW so I'm wondering if I'm in danger of getting busted at that point for not carrying properly in my vehicle. If I had it in my holster then the gun wouldn't be in a locked place. Just curious about legality. DHughes

  2.   
  3. #2
    It should be legal.

    790.25 Lawful ownership, possession, and use of firearms and other weapons.—
    (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), 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.
    However, 790.01 does not apply to a CCW license holder anyway:

    790.01 Carrying concealed weapons.—
    (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
    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
    Join Date
    Jun 2011
    Location
    South West Florida
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    9
    Quote Originally Posted by NavyLCDR View Post
    It should be legal.



    However, 790.01 does not apply to a CCW license holder anyway:

    That is great to know. I've been wondering about that myself. Thanks!

  5. #4
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
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    2,388
    Most likely different strokes for different states' folks. Fl law makes sense. The little CC "if" on having it just on say the floor of your car makes absolute sense. Check me if I am wrong but I do not believe this is the case in SC and probably many other states. I just adjust my CC on my person to fit my position in car so I am always in tune with law; if for some reason, you are confronted somehow on the road and if your firearm is just on the floor of your car, when you get out of car you are now "brandishing"---where does that fit into the equation in Fl?

  6. #5
    Just a question. I also carry a glock 23 and carry at 5 O'clock. I think it would be more comfortable to carry at 3 O'clock but cant seem to find a cc holster that will acomidate me. What type of holster do you use?

  7. #6
    Join Date
    Feb 2010
    Location
    SE Florida
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    1,880
    Having a Florida CCW exempts you from your aformentioned restrictions. You may carry your pistol in your vehicle any way you want, loaded or unloaded, as long as it's not readily visible to those outside your car (i.e. concealed).
    (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.

  8. #7
    Join Date
    Feb 2010
    Location
    SE Florida
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    1,880
    Quote Originally Posted by kelcarry View Post
    Most likely different strokes for different states' folks. Fl law makes sense. The little CC "if" on having it just on say the floor of your car makes absolute sense. Check me if I am wrong but I do not believe this is the case in SC and probably many other states. I just adjust my CC on my person to fit my position in car so I am always in tune with law; if for some reason, you are confronted somehow on the road and if your firearm is just on the floor of your car, when you get out of car you are now "brandishing"---where does that fit into the equation in Fl?
    Florida just decriminalized incidental displays of a concealed firearm. It's highly unlikely that there would be any legal repercussions if someone saw a pistol for a brief moment on the floor of a car, provided the owner of the pistol was properly licensed to carry.
    (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.

  9. #8
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    With no license my issure would be being stopped by LEO and him seeing the weapon. Make sure you fully understand FL law.

  10. #9
    Seems to me that, if you have a CWFL and carry concealed in FL, it would be a great idea to sit down and read the law or at least Gutmacher's book on Florida Firearms law. Lots in there you really do need to know and not go on just an impression - Such as where you can and can't carry, justified use of deadly force, etc. Included in this is the fact that the securely encased requirement does not apply to CWFL holders, although it must remain concealed (with brief inadvertent non-malicious display excepted).

  11. #10
    Well if I remember correctly your gun has to be concealed at all times and why would you have the gun on the floor in the first place? if you remember the FBI shoot out even having it on the seat is not a good idea it should be in reach but also in a way that it won't slide around on or get knocked out of reach

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