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Old 01-05-2008, 01:03   #41
Znyper
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Everyone with a CWP in FL should have this book - http://www.floridafirearmslaw.com/

It explains all of the laws, etc. in easy to understand verbage.

Whether you have a CWP or not it say's this about "securely encased" -

- in a snapped holster - anywhere - loaded or unloaded
- in a closed console - loaded or unloaded
- in a closed glove compartment - loaded or unloaded
- in a zippered gun case - loaded or unloaded
- in any other type of closed container which the gun cannot be fired until withdrawn - loaded or unloaded
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Old 01-05-2008, 21:25   #42
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Quote:
Originally Posted by Gmountain View Post
I would agree with that. If you have a CCW, you, of course, can keep it anywhere.

Without a CCW, it would have to be out of the ordinary sight of another and either sanpped in a holster, or in the glove box, or zippped in a case, or in a box with a lid. Now, it could be snapped in a holster and stuck in the door pocket. That would be fine. It could also be snapped in a holster and on the passenger seat, covered by a newspaper. Or, depending on your vehicle, snapped in a holster and laying on the passenger seat. You could have it snapped in a holster and lay it on the floor.

As long as it meets one of the definitions of securely encased, and it is not visible to the average person, you are okay.
No requirement for it to be concealed. In a snapped holster lying on the passenger seat is OK.

The statute says securely encased.......... not securely encased and hidden from view:

790.001(17) "Securely encased" means
in a glove compartment, whether or not locked; -OR-
snapped in a holster; -OR-
in a gun case, whether or not locked; -OR-
in a zippered gun case; -OR-
or in a closed box or container which requires a lid or cover to be opened for access.

790.25 (3) LAWFUL USES.--The provisions of ss. 790.053 (Open Carry) and 790.06 (Concelaed Carry) 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;
. . .
--------------------------------------------------
Section 5, confuses the situation by indicating that it has to be concealed:
790.25(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. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

Last edited by brboyer; 01-05-2008 at 22:00.. Reason: Fixed typo
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Old 06-17-2008, 11:26   #43
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Well after doing my extensive research on Fl gun laws I purchased my G19 a few weeks ago. Then I applied for my ccw license over the weekend at the Ft Lauderdale Gun show. The instructor clearly stated in the class that a firearm must be in a its own case in the trunk of the car. Not in the glove box, or in the center console. Did the law change or is the instructor, I hate to say it "wrong"
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Old 06-17-2008, 12:34   #44
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Quote:
Originally Posted by wolf4000 View Post
Well after doing my extensive research on Fl gun laws I purchased my G19 a few weeks ago. Then I applied for my ccw license over the weekend at the Ft Lauderdale Gun show. The instructor clearly stated in the class that a firearm must be in a its own case in the trunk of the car. Not in the glove box, or in the center console. Did the law change or is the instructor, I hate to say it "wrong"

Your instructor was wrong. See my above post.
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Old 07-12-2008, 12:59   #45
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I took my CHP class last week and the instructors kept saying you had to have it in a box or snapped holster and in the glove box or trunk and that you couldnt have it in the center console at all (without CHP).

Kinda made me mad having to sit there and listen to them give out incorrect info. When I bought my glock there a guy was asking about glock hi cap mags and the clerk (one of the instructors) was saying they didnt make any...
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Old 08-11-2008, 09:57   #46
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Whatever you guys choose to do remember its always better to just put in for the permit. The laws are always changing or being amended, the last thing you want is to get caught up in a legal battle.
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Old 08-22-2008, 14:57   #47
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The instructors mentioned are probably just erring on the side of caution. Is it legal to have a loaded pistol sitting in a snapped holster in your center console without CCW? Certainly.

Is there a set of circumstances in which a traffic stop could escalate into a trip to jail while the legality of the carry gets sorted out? Certainly. Sure, the cop might unclear about the law, or even deliberately misapplying it; but the standard procedure is going to be to cart you off to jail while a judge and/or a prosecuting attorney determine the legal niceties.

Do you really want to spend even a single night in jail, much less a whole weekend and get dragged through a he said/I said court situation where the presumption is that the police officer is in the right? Being unfair and unjust won't prevent it from happening.

Why even risk the possibility when avoiding it is as simple as filling out the paperwork, tossing in a check for a month or two worth of range fees and ammo and getting your CCW. It's good for 7 years, if you can't afford to be spending 50 cents a week on your permit, you also won't be affording the training and practice needed to ensure the proficiency you're going to wish you had if you ever really need that firearm to defend your life.
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Old 10-26-2008, 00:25   #48
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When I took my Concealed Weapons class, it was taught by a sergeant of the Palm Beach Gardens Police Department who worked at the gun store as a side job. He was very clear about the law, and there was not any of the confusion that some of you people seemed to have.

We were instructed what securely encased was, how it applied, and he even told us the universal hand symbol for "I have a concealed weapon" when police approach your car (created by the NRA some years ago he said) so that the officer can know you are armed, and most likely not going to blow his head off.

Granted the sergeant said that not all police will know the hand sign, but it doesn't hurt to try. Either way there was no talk of this 3 step rule, or any such 'it has to be in the trunk' nonsense.
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Old 11-12-2008, 17:33   #49
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I am waiting on my CCW to come in the mail, check has been cashed by them, just playing the waiting game. While i wait i am still carrying in the car and am wondering, can i carry in a holster under the seat with one in the chamber? Or is there some sort of law about being able to have it loaded or not?
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Old 11-12-2008, 20:35   #50
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Quote:
Originally Posted by 21Glocker View Post
I am waiting on my CCW to come in the mail, check has been cashed by them, just playing the waiting game. While i wait i am still carrying in the car and am wondering, can i carry in a holster under the seat with one in the chamber? Or is there some sort of law about being able to have it loaded or not?
Loaded, not loaded don't matter...

If the holster has some type of strap, snap or other locking mechanism, you're fine. The statute says "snapped in a holster"...

On the other hand you can toss it in the glove-box or console, sans holster, if you want and you'll be OK.
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Old 11-13-2008, 15:02   #51
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Sweet thanks man!
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Old 11-14-2008, 20:34   #52
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Excellent information ladies and gentlemen.
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Old 02-24-2009, 13:52   #53
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what about a person under 21 at their business (family owned). can that person carry concealed? or have to open carry?
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Old 03-07-2009, 08:20   #54
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im probably posting on the oldest thread on here..but i wanted to know....


i dont currently have a CCW, but i want to go to the range. how do i get myself w/ my gun to the range legally?

i read all the statutes posted and stuff..but the legalese is very confusing. and someone said..everyone interprets it differently.

i just want to know if i got my g30 locked in its box in the trunk- am i good to go?
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Old 03-07-2009, 08:57   #55
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Quote:
Originally Posted by Roxxxy View Post
im probably posting on the oldest thread on here..but i wanted to know....


i dont currently have a CCW, but i want to go to the range. how do i get myself w/ my gun to the range legally?

i read all the statutes posted and stuff..but the legalese is very confusing. and someone said..everyone interprets it differently.

i just want to know if i got my g30 locked in its box in the trunk- am i good to go?
Yes. You don't need to have a CCW to have a handgun (even loaded) in your vehicle in Florida. The best reference for anything to do with firearms in Florida is Gutmacher's "Florida Firearms Law,Use & Ownership" which is available at most gun shops.
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Old 06-07-2009, 19:02   #56
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Originally Posted by Hyksos View Post
and he even told us the universal hand symbol for "I have a concealed weapon" when police approach your car (created by the NRA some years ago he said) so that the officer can know you are armed, and most likely not going to blow his head off.

So, what is said hand signal?


While I am waiting for my CWP to come in, I have my G27 in it's box with a loaded magazine in the gun, but the chamber is empty. I would have to cycle it to chamber a round.

The box sits under the back seat of my truck. I can reach around and unsnap the box open and grab it, but it is a little of stretch...
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Old 06-21-2009, 18:36   #57
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Did we ever get a response to "What is the universal handsign for carrying a concealed weapon"??[



quote=Hyksos;11526286]When I took my Concealed Weapons class, it was taught by a sergeant of the Palm Beach Gardens Police Department who worked at the gun store as a side job. He was very clear about the law, and there was not any of the confusion that some of you people seemed to have.

We were instructed what securely encased was, how it applied, and he even told us the universal hand symbol for "I have a concealed weapon" when police approach your car (created by the NRA some years ago he said) so that the officer can know you are armed, and most likely not going to blow his head off.

Granted the sergeant said that not all police will know the hand sign, but it doesn't hurt to try. Either way there was no talk of this 3 step rule, or any such 'it has to be in the trunk' nonsense.[/quote]
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Old 08-19-2009, 23:58   #58
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Okay, heres my question ( I have read all of this but it dosent answer about the age) I'm 18, and I legally own a Glock 23 that was purchased by my mother, then given to me as a graduation gift. Am I allowed to carry it in my vehicle? I have before, it was in a snapped holster, loaded mag but none in the chamber, in my glove box. Is this legal? Im confused because I have read that FL says I can legally own a pistol, but I cant buy one, or ammo.
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Old 08-22-2009, 09:17   #59
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Quote:
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Did we ever get a response to "What is the universal handsign for carrying a concealed weapon"??[



quote=Hyksos;11526286]When I took my Concealed Weapons class, it was taught by a sergeant of the Palm Beach Gardens Police Department who worked at the gun store as a side job. He was very clear about the law, and there was not any of the confusion that some of you people seemed to have.

We were instructed what securely encased was, how it applied, and he even told us the universal hand symbol for "I have a concealed weapon" when police approach your car (created by the NRA some years ago he said) so that the officer can know you are armed, and most likely not going to blow his head off.

Granted the sergeant said that not all police will know the hand sign, but it doesn't hurt to try. Either way there was no talk of this 3 step rule, or any such 'it has to be in the trunk' nonsense.
Well, what the sergeant told us was that when you grip the wheel as the officer approaches (in a 10 and 2 position I assume) you instead place your hands flat with your fingers extended. Instead of gripping the wheel, act like you're holding up 5 fingers on both hands, and place those hands flat onto the 10 and 2 position of the steering wheel.

This way (presumably) you for sure cannot be holding anything, and I guess (also presumably) that one would put their CCW/Drivers License/Insurance in between the pointer and middle finger of the left hand?

The sergeant did say that this is a bit of an older practice, and that not all law enforcement know this sign however he said it could not hurt.

Hope this helped.
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Old 02-03-2011, 14:57   #60
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I'm a bit confused. I have a concealed weapons permit. I am exempted from keeping the weapon in a secured area (glove blox, closed center console, holster).

I can put the gun anywhere I want, so long as it is not visible, no?

When I get in the car, I place mine under my seat leaning against the center console. Better place than stuck in the small of my back sitting in the seat...
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