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"Snapped Holster" in car in Florida

Discussion in 'Carry Issues' started by ParabellumChambered, Apr 25, 2013.

  1. ParabellumChambered

    ParabellumChambered

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    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.
     
  2. INEEDMILK

    INEEDMILK

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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.
     

  3. ParabellumChambered

    ParabellumChambered

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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?
     
  4. fuzzy03cls

    fuzzy03cls

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    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: Apr 25, 2013
  5. Zeebra724

    Zeebra724

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    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.
     
  6. ParabellumChambered

    ParabellumChambered

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    Alrighty, thanks guys! Because I was wanting to mount a kydex holster below the steering wheel.
     
  7. Bill Lumberg

    Bill Lumberg BTF Inventor

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    ...................
     
  8. fuzzy03cls

    fuzzy03cls

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    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: Apr 25, 2013
  9. 4Rules

    4Rules

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    [ame="https://www.youtube.com/watch?v=VJK4n1z29ag"]Wilderness Safepacker holster in use - YouTube[/ame]
     
  10. Vdoc

    Vdoc

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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
     
  11. douggmc

    douggmc

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    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: Apr 26, 2013
  12. douggmc

    douggmc

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    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.
     
  13. douggmc

    douggmc

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    Just to reiterate ... a CCW/CWP is of no relevance to carrying a firearm in your vehicle, but NOT concealed on your person.
     
  14. SCmasterblaster

    SCmasterblaster Millennium Member

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    Some good info here about FL OC in a car.
     
  15. tjshea

    tjshea

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    Do you have case law that says its not relevant?
     
  16. GLK8876919

    GLK8876919 Confused... Lifetime Member

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  17. Rick C

    Rick C affiant

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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.
     
  18. douggmc

    douggmc

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    Florida Statutes, Chapter 790

    Particularly 790.001 Section 17 ...

    :wavey:
     
    Last edited: Apr 27, 2013
  19. douggmc

    douggmc

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    How about the Florida Statutes:

    Florida 790.25

    Particularly ...


    Florida 790.06


    :wavey:
     
  20. Bruce M

    Bruce M

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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?