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FL Handgun Law Question

Discussion in 'Florida Glockers Club' started by KenBGlock19, Jan 8, 2007.

  1. KenBGlock19

    KenBGlock19 SEMPER PARATUS

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    I have a club member that is 20 years old that recieved an XD45 for Xmas...is it legal for him to shoot the weapon in the state of FL at a public range? If not, what does he have to do in order to go shootin? The rule slips my mind...never had to worry about it myself, as I bought it after I was 21.

    Thanks,
    Ken
     
  2. HILLSIDEBLUE

    HILLSIDEBLUE

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    I think you should call the Sheriff's office in the County you live in.......I know there are private ranges that don't care how old shooters are if they show up with someone over 21, but the Sheriff will know what the law says........

    John
     

  3. KenBGlock19

    KenBGlock19 SEMPER PARATUS

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  4. stukibuilt

    stukibuilt

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    If I'm not mistaken, he just needs to be accompanied by an adult 21 years of age or older.
     
  5. J T

    J T

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    He is fine as long he is at least 18.
    He can't buy ammo for it though.
     
  6. lincoln25

    lincoln25

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    FL Statute 790.25(5):

    (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.
    ---------------------

    That being said, IMO your 20-yr old club member should be fine. He can legally convey his firearm and ammo in his car to and from the gun range. Heck, he can convey it in his car all the time. We (I'm an LEO in Daytona) follow the "three step rule" (a rule of thumb) when determining "concealed carry" in a conveyance. And the statute allows anyone over the age of 18 to convey a firearm in their car (as long as their not a felon, mentally ill, etc, etc).

    This Statute, in another subsection, also allows your club member to carry his (unloaded) weapon from his house to his car, and from his car into the club.

    Of course, he can't legally buy his own ammo...
    Here's a link:
    FL Statute 790.25
     
  7. KenBGlock19

    KenBGlock19 SEMPER PARATUS

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    Lincoln25,

    Know anyone that would be willing to come speak to our club this semester? I just started a Firearms Club at ERAU - would love to have a LEO come speak to us!

    PM me if you are able to help.

    Thanks,
    Ken
     
  8. one"Lucky"shot

    one"Lucky"shot your 6 is my 12

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    Your a LEO and you follow a "three step rule"?? can you explain to the rest of us what this rule is?.... I it not in any FL laws.:upeyes:

     
  9. lincoln25

    lincoln25

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    As noted in my post, it's a rule of "thumb," not of law.

    The law states anyone over the age of 18 (who is legally able otherwise) may carry a concealed firearm in a conveyance, if the firearm is not readily accessible.

    I don't know where the three step "rule" started, be it LEO or case law (in which case it would be a rule of law, though not necc. addressed in Statute), but it's a way to see if the "not readily accessible" standard is met.

    Therefore, we ask that there be at least 3 steps in the process of getting out your firearm from it's hiding place. Ie: 1) open glove box, 2) open zipper case, 3) take out firearm.

    "Readily accessible" could be further described as loaded and under the front of your seat, or tucked between the seats.

    Hope this helped.
     
  10. lincoln25

    lincoln25

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    What topic(s)?
    And, possibly. If not me, than someone.
     
  11. bubbatime

    bubbatime Jive Turkey!!

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    In Florida, the gun CAN be readily accessible as long as it is "securely encased." All that entails is that the gun be in a zippered gun case, snapped holster, glove box, center console with a lid, or a box with a lid.

    #2 above (open zipper case) is not necessary in Florida if the gun is in a glove box.
     
  12. mserr

    mserr mmm bop

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    gun laws are weird. I'm only 19. I can't buy a handgun from a dealer but i can buy one at a gun show or say i know somebody that is selling one. Also I can carry a handgun openly without any adult over 21 or go to the range on my own also. Can't get a CCW or buy ammo (at most places) until I'm 21 though. Still cool being 19 and having myself a nice glock, perfectly legal. Here in New Mexico its pretty badass because your car is an extension of your home so you can carry concealed on you or anywhere in the car as long as you are still in the car of course. Once you get out and the gun is still concealed on you, it is then illegal, with the exception of the 3 foot rule, basically allowing you to transfer the concealed weapon to your trunk or whatever without having to worry about "breaking the law". Also, any time i find myself asking a question about the state laws, http://www.stategunlaws.org/ is an awesome site.
     
  13. mserr

    mserr mmm bop

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  14. jhokie

    jhokie

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    So Lincoln25... just wondering...

    If I have a loaded handgun that is "securely encased" as per the Florida statutes (for example in a zipped duffle bag in my car), but only requires 2 steps to get to (for example unzip duffle bag, retrieve gun), you're going to arrest me?

    So you're going to waste my time, and waste your time, and waste tons of taxpayer money only to eventually find me innocent after you've arrested me because I didn't follow your made up "three step rule"?

    Or are you actually basing this rule on a ruling that a judge has made on "securely encased"?

    Not trying to be an ahole here, but I think when you're talking about something as serious as a criminal conviction over this, you should follow the statutes, not a made up rule of thumb. Admittingly, there is some confusion over this. However, I have been taught in a CCW class that a "three-step-rule" is completely made-up and fictional, so you could understand how upset I would be if I was arrested because I was not following this informal rule (of course that doesnt pertain to me anyway with a CWP, but it's the principle of the thing).
     
  15. J T

    J T

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    There is no such thing as a 3-step (or 2-step) rule in either the Florida Statutes or any case law that I'm aware of. You can ask for whatever you want...the answer is no.

    The statute is perfectly clear; securely encased or not readily accessible. Not both, and not some imaginary "rule" someone made up.

    I highly recommend Jon Gutmacher's book for those who want to understand the real firearms laws in Florida: http://www.floridafirearmslaw.com/indexbook.shtml

     
  16. lincoln25

    lincoln25

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    JH: If your duffle in in your back seat, no. If your duffle is on the front seat, and your gun is piled in with clothes, through which you would have to rummage, no. It's not "readily accessible" in my mind, or to any reasonable person. Again, as I said the 3-step rule is a "rule of thumb."

    And, how would YOU apply the Statute on the street? Knowing that lawyers will Monday morning QB your every decision? I'm not asking you to adhere completely to the "three step rule," only to FL Statute (in FL - I don't know what state you're in). The "rule" is given as a guideline and, IMO, it's a fair guideline.

    As I posted before, I don't know any case law that has been handed down on this; but if it came out of case law, then it is, in fact, a legal interpretation and applicable, until stricken by a higher court.

    --
    Bubbatime: the Statute states that the gun may NOT be "readily accessible" in a conveyance. Note that this does not apply to CCF holders - but was posted in response to Ken's question regarding his group memeber who is not old enough to have a CCF license.

    If you wish to say that a loaded handgun flopping around without a holster/rag case, etc, in an unlocked glove box is not readily accessible, I would beg to differ. I argue that the glovebox would have to be locked in that case to make it legal.
     
  17. lincoln25

    lincoln25

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    Thanks for the link, however the Statute states "...if the firearm or other weapon is securely encased or is OTHERWISE not readily accessible for immediate use."

    Note the emphasis on the word otherwise - changes the meaning a little bit in the Statute, no? It means that, yes, it IS both. The "securely encased" must be in a manner in which the firearm IS NOT readily accessible.

    "Secured" in a snap holster and tucked next to the driver's seat could be argued as securely encased. It is MOST CERTAINLY readily accessible.

    So, when your safety is on the line during the traffic stop of some guy that you've met for the first time, would YOU prefer this version of "securely encased?"

    As previosly posted, this does not apply to all the non-felon, law-abiding citizens who have applied for and received the CCF in FL.
     
  18. J T

    J T

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    The statute puts no emphasis on "otherwise." It specifically states that the firearm can be:
    a. securely encased
    OR
    b. otherwise not readily accessible for immediate use

    Case law is plentiful on this issue. A cardboard box with the lid on is securely encased. So is a purse or briefcase. Sitting on the passenger seat in a snapped holster covered by a newspaper is OK too. If it's in the console or glove box or other container, it does not need to be in a holster (mine is usually in the console unholstered when I'm driving).

    And none of these methods require a CWFL, for which my 19-year old daughter and I are both thankful.
     
  19. one"Lucky"shot

    one"Lucky"shot your 6 is my 12

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    I (IMHO) think your an i***t and need to read the law BEFOR YOU TRY TO ENFORCE THEM!!:upeyes: I don't want to waist my any more of my time with this thread but I am sure that you will be corrected in your thoughts, that it is clearly stated, that the glove box does not need to be locked.

    As a side note in FL it is NOT a "CCF", it is a (as stated on the card itself) "CONCEALED WEAPON OR FIREARM LICENSE". As accepted slang in most areas it is a CCW (Carry Concealed WEAPON), some states only allow for firearm carry, some don't specify concealed....Learn the laws your paid to up hold.
     
  20. HardcoreKeith

    HardcoreKeith

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    Dang. I'm getting irritated.