Posted on 01/10/2015 2:14:09 PM PST by GreaterSwiss
His mistake was in having the weapon "readily available", not the fact that it wasn't locked up.
Several points wrong in this article:
"You may keep, with or without a license, a firearm in your "private conveyance", otherwise known as a vehicle.
Fl. Stat. s. 790.251(5) states "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."
The important, and most often misunderstood, parts of this provision are the phrases "securely encased" and "not readily accessible".
"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. Fl. Stat. 790.001(17).
An important note in the list underlined previously is that whatever you keep your gun in it must be closed but not necessarily locked.
Now, there is the second option of storing your gun in your vehicle where it is not "readily accessible for immediate use".
"readily accessible for immediate use" is when "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." Fl. Stat. 7903001(16).
Keep in mind, this statute does not require you to carry your firearm securely encased and not readily accessible for immediate use; the statute states that either way is lawful. Also, if you do have a concealed carry license, remember, that you can carry it in any place but for those listed previously."
790.06 License to carry concealed weapon or firearm
790.06(12)(b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.
IANAL
It doesnt have to be locked up in florida.
My understanding for FL is that you can keep a handgun in the glove compartment even without a CCW.
Is that accurate?
But prudent if you get off I-95 in Liberty City or Overtown.
“My understanding for FL is that you can keep a handgun in the glove compartment even without a CCW.”
As long as the glove box is latched. You can also keep one in a case as long as it’s zippered closed.
Not readily accessible is the rule, meaning you can’t reach over and grab it unencumbered.
“No reason to arrest someone and ruin their life over a technicality.”
Most cops make “arresting people over a technicality” their main function. And they are abetted in their efforts by a phalanx of intermeshing, nonsensical laws designed to suit their nefarious purposes.
I didn't know you had to lock up your gun in Florida.
See post 22.
According to the law you can keep it in a shoe box if it has cover.
“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. Fl. Stat. 790.001(17).
Question: Police usually ask for driver license and insurance and go back to police car and radio back the info.
At that point, can the police see that the driver has a CCW?
The police then approach the driver and ask if he has gun in the car.
Next question: Where?
Nuts to have to make the weapon unavailable in order to transport it. MS has really high tag rates because of the ad valorem tax (property). The up-side is that your car is considered an extension of your home so you can carry a weapon open on the dash or out of sight with no repercussions.
LOL..I was pulled over in Tampa for doing that a few weeks ago...got a stern warning...
Cop pulled away and I followed him down the road...
He did the EXACT same thing at the next stop sign turning right...
According to the Orlando Centennial, the police officer spotted the pistol on the floor of the car between Johnson’s feet: http://www.orlandosentinel.com/news/breaking-news/os-chris-johnson-jets-arrested-20150110-story.html
In Florida most LEOs have a computer in the vehicle so via radio or computer they should know if the owner of the vehicle tag has a CCW permit before even speaking to the driver.
As soon as he has the drivers name he learns if he/she she is the owner. If the driver is not the owner as soon as he verifies the license he knows if the driver has a CCW.
But the LEO still doesn’t know if a passenger has a CCW or is carrying.
During every encounter the LEO is justifiably apprehensive because he doesn’t know if a pedestrian, a vehicle driver or occupant has a gun or is ready to use it on the policeman himself.
The safest approach is to show the LEO your empty hands. Then show CCW permit at the time you hand him your drivers license and state if you have a weapon and where it is located.
The LEO needs assurances that you aren’t a danger to him.
I don’t want to be shot because an LEO misunderstood my actions or movements.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.