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Old 04-24-2013, 22:03   #1
ParabellumChambered
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"Snapped Holster" in car in Florida

So I know that in Florida, the law states that in order to transport a firearm in a vehicle, it must be securely encased or in a Snapped holster. Would having a pistol in a kydex holster with retention be illegal since it does not literally have a snap? I am talking about in a case where an individual does not have a CWP.
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Old 04-24-2013, 22:56   #2
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"securely encased in your conveyance" is the legal verbage. that means anything with a latch or interlocking parts (snap, as you said, or zipper). Kydex retention is probably not covered in this circumstance.

Another thing to note is that A LOT OF POLICE OFFICERS DO NOT KNOW THE LAW. They are still taught (incorrectly I might add) the idiotic "three step rule" in the academy. It literally comes down to the officer saying to himself "that looks unsafe" or "that's probably illegal".

My point is that you could be in full compliance with Florida code and still be arrested, have your weapon confiscated and be thrown in jail for the night. Yea your case gets tossed out by the judge in court, but you still have to deal with the hassle of getting your gun back.

Best to just get a CCW and avoid the possibility of misinterpretation.
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Old 04-24-2013, 23:01   #3
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Makes perfect sense. So with a CWP I can obviously have it on me, but no holster or secure case would be needed to be compliant with the law, correct?
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Old 04-25-2013, 07:02   #4
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Quote:
Would having a pistol in a kydex holster with retention be illegal since it does not literally have a snap? I am talking about in a case where an individual does not have a CWP.
Yes & no. If you have the holster out on the seat or the dash or on your lap you'd be legal if it was in a snapped holster unconcealed.
However, If it was in the kydex holster with no snap inside your glove box, or center console or a shoe box it would be legal as well.
The statues as written does not mean both conditions must be met, only 1 of them.

If you have the gun out on the seat or dash in the open in the kydex holster only then yes that doesn't meet the definition.

Last edited by fuzzy03cls; 04-25-2013 at 07:05..
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Old 04-25-2013, 07:33   #5
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Originally Posted by INEEDMILK View Post
Best to just get a CCW and avoid the possibility of misinterpretation.
I agree! Just my 2 cents, but you never know when you might need or want to have your firearm concealed on your person in the future, and having your CC permit would make a lot of your other concerns with transporting your firearm melt away.
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Old 04-25-2013, 10:39   #6
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Alrighty, thanks guys! Because I was wanting to mount a kydex holster below the steering wheel.
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Old 04-25-2013, 11:26   #7
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Quote:
Originally Posted by INEEDMILK View Post
A LOT OF POLICE OFFICERS DO NOT KNOW THE LAW. They usually know it far better than the folks they're stopping- to include CCW'ers.


Best to just get a CCW and avoid the possibility of misinterpretation. Now this part is actually accurate- and good advice.
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Old 04-25-2013, 11:49   #8
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Originally Posted by ParabellumChambered View Post
Alrighty, thanks guys! Because I was wanting to mount a kydex holster below the steering wheel.
If you have a concealed & throw a towel over it, or otherwise conceal it, it would be legal. I have a crossbreed setup in my truck but have a cloth over it to conceal when I put my gun into it for long road trips.

Last edited by fuzzy03cls; 04-25-2013 at 11:50..
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Old 04-25-2013, 15:12   #9
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Old 04-25-2013, 16:29   #10
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I use a console carry. Guess I have to right off Florida, as a place not to go. i sure don't need anyone to tell me how best to carry in my TRUCK
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Old 04-26-2013, 13:18   #11
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Originally Posted by fuzzy03cls View Post
If you have a concealed & throw a towel over it, or otherwise conceal it, it would be legal. I have a crossbreed setup in my truck but have a cloth over it to conceal when I put my gun into it for long road trips.
NO. YOU ARE WRONG.

Sorry to shout ... but this needs to be corrected. In Florida, the CWP applies ONLY to a weapon concealed on your person.

Carrying it in your conveyance , but NOT concealed on your person, then the CWP has no relevance at all.

Anybody, who is otherwise not excluded by law(e.g. a minor, felon, etc) can carry a firearm in their vehicle as long as not concealed on your person (unless CWP holder). Per Florida law it must be "securely encased". A prior post gave some examples of "securely encased". A "towel" over it ... in and of itself (with no other mechanism "securely encasing" it ... would absolutely not qualify.

In your particular case, a handgun with simply a "towel thrown over it" while in a crossbreed holster (their holsters have no latching, snapping, or otherwise mechanical mechanism, to secure it in the holster) clearly does not qualify as "securely encased". Now .. if you put it in a glove compartment or center console ... either of which can close with a latch mechanism, you would be fine.

Last edited by douggmc; 04-26-2013 at 13:33..
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Old 04-26-2013, 13:28   #12
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Quote:
Originally Posted by ParabellumChambered View Post
So I know that in Florida, the law states that in order to transport a firearm in a vehicle, it must be securely encased or in a Snapped holster. Would having a pistol in a kydex holster with retention be illegal since it does not literally have a snap? I am talking about in a case where an individual does not have a CWP.
In my opinion, a kydex holster alone is not "securely encased". Put it (the gun already in the holster) in a closeable/latched glove compartment or center console .. you would be fine.

CWP is irrelevant. It only allows you to carry concealed, on your person.
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Old 04-26-2013, 13:31   #13
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Quote:
Originally Posted by INEEDMILK View Post
"securely encased in your conveyance" is the legal verbage. that means anything with a latch or interlocking parts (snap, as you said, or zipper). Kydex retention is probably not covered in this circumstance.

Another thing to note is that A LOT OF POLICE OFFICERS DO NOT KNOW THE LAW. They are still taught (incorrectly I might add) the idiotic "three step rule" in the academy. It literally comes down to the officer saying to himself "that looks unsafe" or "that's probably illegal".

My point is that you could be in full compliance with Florida code and still be arrested, have your weapon confiscated and be thrown in jail for the night. Yea your case gets tossed out by the judge in court, but you still have to deal with the hassle of getting your gun back.

Best to just get a CCW and avoid the possibility of misinterpretation.
Just to reiterate ... a CCW/CWP is of no relevance to carrying a firearm in your vehicle, but NOT concealed on your person.
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Old 04-27-2013, 12:34   #14
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Some good info here about FL OC in a car.
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Old 04-27-2013, 17:41   #15
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Originally Posted by douggmc View Post
Just to reiterate ... a CCW/CWP is of no relevance to carrying a firearm in your vehicle, but NOT concealed on your person.
Do you have case law that says its not relevant?
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Old 04-27-2013, 17:51   #16
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Old 04-27-2013, 18:29   #17
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Around 2004 I had a S&W 342 in a Mike’s #3 holster stashed under the front seat that was considered “securely encased” by a local Sheriff’s Deputy. The Deputy was extremely pissed over the stop (my fault).
My point being that "securely encased "is open to interpretation.
Nothing came of the stop, other than me sitting in the backseat of the cruiser, un-cuffed, while I gave them permission to search the vehicle.
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Old 04-27-2013, 21:05   #18
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Quote:
Originally Posted by Rick C View Post
Around 2004 I had a S&W 342 in a Mike’s #3 holster stashed under the front seat that was considered “securely encased” by a local Sheriff’s Deputy. The Deputy was extremely pissed over the stop (my fault).
My point being that "securely encased "is open to interpretation.
Nothing came of the stop, other than me sitting in the backseat of the cruiser, un-cuffed, while I gave them permission to search the vehicle.
Florida Statutes, Chapter 790

Particularly 790.001 Section 17 ...

Quote:
"Securely encased” means 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"

Last edited by douggmc; 04-27-2013 at 21:35..
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Old 04-27-2013, 21:32   #19
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Quote:
Originally Posted by tjshea View Post
Do you have case law that says its not relevant?
How about the Florida Statutes:

Florida 790.25

Particularly ...

Quote:
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
...
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;
...

Florida 790.06


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Old 04-28-2013, 04:06   #20
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If the gun were not securely encased in the passenger compartment, would it be legal if the person had a concealed weapon permit?
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