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Old 06-09-2013, 09:16   #41
ParabellumChambered
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Originally Posted by douggmc View Post
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.
Thumbs up to this answer. But in your opinion, would a Serpa duty holster qualify as "snapped" or "securely encased" being that it has a button that must be pressed in order to remove the pistol?
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Old 06-09-2013, 09:19   #42
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In the trunk, in a closed case, no loaded and you will be fine here in sunny FL.
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Old 06-09-2013, 09:22   #43
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Originally Posted by tango44 View Post
In the trunk, in a closed case, no loaded and you will be fine here in sunny FL.
Here in sunny Florida, you can have one loaded with one in the chamber sitting on your dashboard as long as it is in a snapped holster or even if it is in a Tupperware container with a lid. I wouldn't advise the whole dashboard thing but legally you can.

Last edited by ParabellumChambered; 06-09-2013 at 09:23.. Reason: Whole* not "while"
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Old 06-09-2013, 20:06   #44
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Man so much confusion and wrongs in this thread, that's it's truly unbelievable. I guess every lady with a gun in a "un-snapped holster " and in her bag & in the car, is in violation of the state law




I'll give you a clue, if the gun is not in plainview or plain sight. In your un-secured holster, under a towel next to you, it's conceal and legal if you have a CWP.

Same as if it was under the seat. All of these means on or about your persons.


Last edited by noway; 06-09-2013 at 20:06..
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Old 06-10-2013, 02:50   #45
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Wow mass confusion, I have a Indiana LTCH, and will be travelling to Florida for the week, starting soon. I am or should be legal in every state I pass through and stop at along the way (KY/TN/GA/FL), and if not on me (concealed) then MR. Glock will be secured in the vehicle.
I hope to STAY SAFE at any cost.
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Last edited by cadillacguns; 06-10-2013 at 02:51..
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Old 06-10-2013, 07:38   #46
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Originally Posted by noway View Post
Man so much confusion and wrongs in this thread, that's it's truly unbelievable. I guess every lady with a gun in a "un-snapped holster " and in her bag & in the car, is in violation of the state law




I'll give you a clue, if the gun is not in plainview or plain sight. In your un-secured holster, under a towel next to you, it's conceal and legal if you have a CWP.

Same as if it was under the seat. All of these means on or about your persons.

Yeah but but but........
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Old 06-10-2013, 15:39   #47
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Even without a CWP, in Florida handguns only have to be inside some sort of container. Glove box, consoles, zippered cases, and snapped holsters are all, IIRC, listed as acceptable storage for handguns in the handbook issued by the state. The post saying that they have to be unloaded, boxed, and in the trunk is not at all accurate.
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Old 06-10-2013, 16:00   #48
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Open carry would have prevented this.
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Old 06-10-2013, 17:05   #49
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My paperwork has been sent in for six weeks now for my CCP. A friend of mine took 15 weeks to get hers. From Jan to end of March this year Florida has had 30000 people apply to get their CCP. Simply amazing.
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Old 06-10-2013, 17:09   #50
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I had mine within 90 days last fall at
a regional office
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Last edited by clarkz71; 06-10-2013 at 17:10..
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Old 06-10-2013, 20:14   #51
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Originally Posted by douggmc View Post
Yes.

Edit: A clarification/assumption:
In the first part of your question, I am assuming you have it CONCEALED on your person. Otherwise, that would be a violation also. You can't "open carry" on your person ... inside your car or not.



Posted using Outdoor Hub Campfire
You are incorrect about that last part. You can open carry in your car with a CWP. But it must be concealed before leaving the car.
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Old 06-10-2013, 20:18   #52
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Originally Posted by douggmc View Post
The entire discussion revolves around the definition of "or about" your person and what you believe (or the legal system will believe) is "or about" your person.

My logic in this thread has been as follows:
1) Your CWP only has relevance if it is on or about your person.
2) I don't believe, personally, that a loose pistol tucked under a seat of your car as being "on or about your person" ... therefore CWP is not applicable/relevant.
3) I don't believe, personally, that a pistol in a kydex holster on the seat next to you with or without a "towel thrown over it" to be "on or about your person" either ... therefore CWP is not applicable/relevant.
4). If the CWP is not relevant/applicable, then it must be "securely encased". Neither a loose pistol under the seat or a pistol in a kydex holster (unless it has a snapping retaining strap or similar mechanism) on the seat next to you are "securely encased".





Posted using Outdoor Hub Campfire
I was under the impression that the permit allows you to carry in any fashion you would like in the car. I know many many,any CWL holders who agree and a lot of them will have the gun in their cup holder or below the radio or something of that sort.
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Old 06-10-2013, 20:23   #53
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Originally Posted by Vdoc View Post
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
This is the Gunshine State my friend. No worries here
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Old 06-11-2013, 06:38   #54
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This "A LOT OF POLICE OFFICERS DO NOT KNOW THE LAW. They are still taught (incorrectly)"
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Old 06-11-2013, 11:59   #55
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Originally Posted by ParabellumChambered View Post
You are incorrect about that last part. You can open carry in your car with a CWP. But it must be concealed before leaving the car.
Florida ?Nope your wrong if your speaking of flori-duh.

We have no open carry and where it's authorized and by who is very very minor, and a car is not mention.

if your going to post misleading information, try to read the 790 statue b4 doing so

Scary thing, someone would read this, not conduct any research it, and then pass your misguided/informed information along to the next person and so on.

and btw here's how you provide information and correctly;


790.053 Open carrying of weapons.
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145




http://www.flsenate.gov/Laws/Statutes/2012/790.053


I a lot of CWP should actually read the law, b4 posting.
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Old 06-11-2013, 15:01   #56
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Originally Posted by noway View Post
We have no open carry and where it's authorized and by who is very very minor, and a car is not mention.

if your going to post misleading information, try to read the 790 statue b4 doing so
Well, if you are going to post leading information, perhaps you need to post the statute to support it.
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Old 06-11-2013, 18:55   #57
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Well, if you are going to post leading information, perhaps you need to post the statute to support it.
right back at you hoss,


You should get your eyes check
790.053
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Old 06-12-2013, 07:49   #58
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Don't recommend it but I know people do it. You can open carry while going to or from hunting, fishing, camping & range trips. That includes in a car.
790.25 section 3 H
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Old 06-12-2013, 17:02   #59
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I am going to go with "carried on or about a person in such manner as to conceal the firearm from the ordinary sight of another person" (790.001) and with the ability of a car door to successfully conceal the firearm from ordinary sight of another, presuming the gun is worn somewhere on the waist. I could see an issue with a Jeep without doors, a step van with the driver's waist higher than the bottom of the window, and perhaps a convertible from some elevated angles. Otherwise I am going to guess meeting the elements of open carry of a handgun at the waist in a vehicle is going to be an uphill battle.
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Old 06-12-2013, 19:35   #60
noway
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Originally Posted by fuzzy03cls View Post
Don't recommend it but I know people do it. You can open carry while going to or from hunting, fishing, camping & range trips. That includes in a car.
790.25 section 3 H
I would love to see someone actually try that.

Not sure a LEO will buy it, & if you where in your car traveling 100miles to the keys with a open gun on your side. Could be a interesting topic in the Carry Forum.



Hope some one does something like the above, get's stop, & takes a video.

This why, GT'er can MQB your actions, and tell you how wrong it was, and that right is not always right, or can be down right painful or a expensive lesson.

And then tell us how much rights he/she has, and how much it was worth it exercising your right.

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