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Question for FL LEO's

Discussion in 'Cop Talk' started by mhiggi02, Aug 9, 2011.


  1. mhiggi02

    mhiggi02
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    First, thanks for all that you do to keep our great state safe. I've had my permit in FL for nearly 5 years but have never found/received a clear-cut answer to in-car carry. If I don't have my handgun on my person, must I then have it "securely encased" like the law specifies for someone without a permit or do I have any other options?

    Thanks.
     

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  2. DrBob

    DrBob
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    Seems pretty straigh forward to me. If it is on your person in a car, you need to have a license. If it is not on you person it needs to be secured.

    790.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons
    (5) Possession in Private Conveyance
    [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman].--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.
    [/FONT]
    [/FONT]790.001 Definitions.[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]-- [/FONT][/FONT]As used in this chapter, except where the context otherwise requires:
    (17)
    [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]"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
    [/FONT]
    [/FONT]
     

  3. glockurai

    glockurai
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    If you have a license the firearm may be concealed either on you or in your vehicle. It does not need to be securely encased. This only applies to those who do not have a license.
    In other words if the firearm was under your seat in a holster without a snap it is considered concealed. With a license you're good to go, without one its a felony.
    Hope that helps.
     
  4. mhiggi02

    mhiggi02
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    Thank you. I've read about others with "car holsters". If I read that correctly I could have a holster mounted on the center column. So long as it was snapped in the holster it could be in plain view. Agree?
     
  5. knoxvegasdaddy

    knoxvegasdaddy
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    UBER VOL !!!

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    If you have a permit, why do you ask? Seems like a moot point.
     
  6. mhiggi02

    mhiggi02
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    I wouldn't have asked if it was moot but thanks. I'd like to have it in a holster affixed to the interior of my car but not completely concealed (ie on the steering column).
     
  7. glockurai

    glockurai
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    Having a license allows you to carry the firearm concealed and readily accessible. In other words, not securely encased. It still must remained concealed (not visible to the ordinary person.) You cannot have the firearm open on or about your person. FL statutes are meant to be interpreted in favor of the 2A. That being said, you must make sure the firearm is not openly visible.
    Hope this helps.
    http://www.leg.state.fl.us/STATUTES...ml&StatuteYear=2010&Title=->2010->Chapter 790
     
  8. HotRoderX

    HotRoderX
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    Gen4 BETATester

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    Not to hijack the thread but I was under the impression that was for Handguns only. That in the state of Florida rifles can be displayed like a gun rack in the back of a truck window and did not have to be secured.
     
  9. glockurai

    glockurai
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    This is part of FL Statute 790.25.
    LAWFUL USES.—The provisions of ss. 790.053 (open carry)and 790.06 (License)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:
    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
    (c) Persons carrying out or training for emergency management duties under chapter 252;
    (d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
    (e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
    (f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
    (g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors’ gun shows, conventions, or exhibits;
    (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
    (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
    (k) A person firing weapons in a safe and secure indoor range for testing and target practice;
    (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;
    (m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
    (n) A person possessing arms at his or her home or place of business;
    (o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators: