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Reference for Conceal Carry in a vehicle

Discussion in 'Florida Glockers Club' started by J Crew, Jan 5, 2007.


  1. J Crew

    J Crew
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    Family Man

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    For Non-CWL holders:

    Statute 790.25

    This means one must have the firearm securely incased or the firearm must be out of reach (immediate use). Good example for Non-CWL holders is a gun in a snapped holster and placed in an enclosed glovebox. Some good examples lent by Gmountain include: 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.


    For CWL holders (supercedes Statute 790.25):

    Statute 790.001

    This means the gun can be readily accessible as long as it is encased. An example would be for a CWL holder to have a gun in a snapped holster in the center console next to them. Another example would be for a CWL holder to have a gun in an enclosed container with a lid on ones lap. Both of these examples are legal as long as they are not in ordinary sight, but may not always be the best choice.

    Remember to think in advance what will occur if you happen to run into a law enforcement officer. Will the carry method in your vehicle, although legal, cause uneccessary stress to you, others, and/or an officer? Could you land yourself behind the barrel of a loaded police gun and/or in jail? As stated in the Cop Talk forums, not all police are up to speed on concealed carry laws and CWL carry methods. These are things you always want to take into consideration.

    For All, as described in Statute 790.001 that applies to everyone:

    Simply means keep the gun out of sight for others to see.

    Definitions

    Securely encased defined -
    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2006->Ch0790->Section%20001#0790.001

    790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

    (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

    (17) "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.

    Anything * is good no matter the location. Snapped in a holster under the seat meets the statute requirements for securely encased.
     

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  2. J Crew

    J Crew
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    This is meant for a reference for Floridians or others passing through. Please, if you see an error or mis-spelling then let me know so that I can correct it. If you think there should be other examples used then please suggest those as well. Thanks and hope this can help some of us.

    - Jason
     

  3. noway

    noway
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    good point and good post.


    Going back to closed post the gun strap to the glove box is just silly and stupid. And nowhere as cwl or non-cwl could you get away with it.


    I think alot of people are not seeing the wording of "concealed". As yes that mean concealed for a CWL licensee or not.
     
  4. Dandapani

    Dandapani
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    I asked the mod gods to make this thread sticky! Nice work!
     
  5. fcfc

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    Good post, J Crew.

    Here are a couple of things to consider. First, Jon Gutmacher indicates (p.72) that it would be legal to have a gun in the car "wihin reach, under a towel... No, it doesn't have to be in a holster!"

    Second, I do recall that "securely encased" does not mean that the holster, if used, must be a snapped holster.

    Last, and very minor, is that "Statue" should be "Statute" in 3 places.

    Good work, JC, and thanks!
     
  6. Notrega

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    Include this section -
    When in doubt check the statutes -

    Definitions

    Securely encased defined -
    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2006->Ch0790->Section%20001#0790.001

    790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

    (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

    (17) "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.

    Anything * is good no matter the location. Snapped in a holster under the seat meets the statute requirements for securely encased.


    ***********************************
    Other Relevant statutes -

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2006->Ch0790->Section%20001#0790.001

    --------------------------------------------------------------------------------
    --------------------------------------------------------------------------------

    Carry something with these statute numbers on you in some form or memorize them...
     
  7. Rusty Shackleford

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    mmhmm

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    I'm going to have to take issue with the first "AND" in that quote. A firearm transported in a car in either condition is legal and both do not need to be met.

    Loaded, in the glove box (unlocked or locked) is legal, permit or no permit. This is spelled out in the law.

    Loaded, somewhere in the vehicle that requires you to exit the vehicle to retrieve it and use it is also legal, permit or no permit. This is not really spelled out in the law, but there is plenty of case law on it.
     
  8. Gmountain

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    Error. A gun for non CCW people does not need to be snapped in a holster AND in a glove box. One or the other is all that is required.

    Absolutely, completely, wrong.You have to learn to read all sections of a statute, and apply them together. 790.25 clearly states that carrying in a car without a ccw will not cause a person to be in violation of 790.01.

    790.01 states:
    790.01 Carrying concealed weapons.--

    (1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (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.



    So you are saying that following the law is wrong. No offense, but you are nuts. I carry all the time, and my gun is in a holster on my hip. According to your logic I should remove my gun from my holster and put in in a glove box.

    That is not how the law is written, nor is that the intent. The rules on concealed carry in a vehicle specifically exempt CCW holders from those rules for the very reason that permit holders have concealed weapons and they keep those weapons readily accessible. That is the whole point of the law.

    The misinformation in your post could endanger someone's life by causing them not to be able to get to their firearm.
    Well, you did get that part right.
     
  9. J Crew

    J Crew
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    this is a reference and the law is not black and white. that was the reason i wrote this up. i gave examples and didn't say 'this' or 'that' had to been done. plus i was using the sections of the statutes that applied. i linked the statutes so others could read everything else on their own time. sit down, breathe, and chill out and maybe you won't come off like a big ass :thumbsup:
     
  10. Gmountain

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    The law is very clear on this issue, and is not subject to interpretation. You have posted sections of the statutes, but have completely misinterpreted them. A "reference" that is erroneous does not help anyone.

    Giving the correct information may save someone's life.
     
  11. J Crew

    J Crew
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    lol, there's always one that never seems to get it. have a good one brother.
     
  12. noway

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    I have to agree with gmountain your posting and information is wrong or not 100% correct whatever way you want to take it ;)

    I also agreed you have to read the whole reference vrs selectively taking out what you think is all you need.


    {This means the gun can be readily accessible as long as it is encased. An example would be for a CWL holder to have a gun in a snapped holster in the center console next to them. Another example would be for a CWL holder to have a gun in an enclosed container with a lid on ones lap. Both of these examples }


    btw I got a kick out of the CCW-holder have to have a gun holster and in a center console example, man that was hilarious :rofl:


    jcrew one question for you, did you take a CCW class and if you did and your instructor gave you this erronous information, please go back an demand your money back.

    Also pls do us all a favor and post his name/location so I can make sure not to reccommend any of my friends to him.
     
  13. J Crew

    J Crew
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    learn to read. i never typed 'have to have' anything in my example. that's my point, it's just a scenerio that's legal.

    i got the information from others on this forum. yes i tood a class, but my instructor informed us that we had to follow a 3-step rule. i've since learned there is no 3-step rule. everything that i summurized in this thread was taken from other members help, advice, and guidance.

    btw, as stated before. this is a reference to start from. it's not written in stone. constructive criticism is welcome, being an jerk is not. i'll end by saying, i don't like to spend my time bickering on forums, so i'm done responding to comments that are 'holier than thou' and not constructive.
     
  14. Gmountain

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    This is your post. You asked for errors to be pointed out. The errors have been pointed out, by Rusty Shackleford, Noway, and myself, and you have decided to argue about them.

    The problem is your initial post, while well intentioned, is full of errors and misinformation. If you rewrite it and correct it, I'm sure it can become a valuable resource.
     
  15. Notrega

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    Just read the frigging statutes... it is very clear.... that is why I almost never 'interpret' just post the quote from the statute and provide a link....

    example - this shows that it is legal to possess a concealed firearm with in a car, provided it is either securely encased or not readily accessible for immediate use -
    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=-%3E2006-%3ECh0790-%3ESection%20001#0790.001
    --------------------------------------------------------------------------------
    NOW here comes tricky part...
    Private conveyance = car (very little interpretation)
    Securely encased & not readily accessible for immediate use = (LOADS of interpretation) so HERE is where you provide further information in a similar format... see below....
    --------------------------------------------------------
    Securely encased defined -
    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2006->Ch0790->Section%20001#0790.001

    790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

    (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

    (17) "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.
     
  16. SW.FLA.glocker

    SW.FLA.glocker
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    Statute 790.25



    quote:
    --------------------------------------------------------------------------------
    (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.
    --------------------------------------------------------------------------------



    "This means one must have the firearm securely incased and the firearm must be out of reach (immediate use). Good example for Non-CWL holders is a gun in a snapped holster and placed in an enclosed glovebox."
    ___________________________________________




    After posting the statute you then follow up by replacing the word "or" with the word "and". that effectively changes the entire meaning. the weapon need to be "securely encased" OR "otherwise not readily accessible". the word "or" in my opinion implies you can do either but are not required to do both. Also as per the statute, a snapped holster is considered securely encased.

    This is my understanding. If i am misunderstanding anything would a smarter person please explain why I am wrong?
     
  17. J Crew

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    i agree... making correction.
     
  18. SW.FLA.glocker

    SW.FLA.glocker
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    I hope others chime in and give their opinions. It is always good to have more than one, two, or three.
     
  19. Gmountain

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    You have it right. One way to make a weapon not readily accessible is to have it securely encased.
     
  20. SW.FLA.glocker

    SW.FLA.glocker
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    So we are all in agreement??

    A person needs not to be licensed, and can carry in a car in a snapped holster and still be legal.

    Next question; can it be concealed or does it need to be in plain view?