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Thread: Car "Carry"

  1. #1
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    Car "Carry"

    I know some of you have likely seen these questions before, but I'd like to clarify.

    I have a concealed weapons permit.
    I drive to work in a VERY shady area.

    I understand that the gun needs to be concealed, and not readily accessible in the car.

    Does this mean I can place it in a snapped or Velcro holster, place it in my cup holder, and cover it with a baseball cap?

    Can it be in a snapped holster and NOT covered with a cap?

    Can it be covered with a cap, and NOT holstered?

    Or does it need to be in the center console or glove box closed.

    "Not readily accessible" is rather vague, and I would appreciated any input.

    Thanks!

  2. #2
    I understand that the gun needs to be concealed, and not readily accessible in the car.
    If you have your CWL, then you're right as to the first part, but wrong as to the second.

    Does this mean I can place it in a snapped or Velcro holster, place it in my cup holder, and cover it with a baseball cap?
    Since you have a CWL, snapped holster is not required.

    Can it be in a snapped holster and NOT covered with a cap?
    No...I think. But I'll let someone else correct me if I'm wrong. I seem to recall someone saying it would be perfectly legal if they stuck a handgun in a clear tupperware box up on the dashboard.

    Can it be covered with a cap, and NOT holstered?
    Absolutely. I ride with mine in an Uncle Mike's at 11:00, connected to my lap belt, with a hand towel tossed over it. This allows me to have an easy cross draw with my right hand, and my draw is already pointed at the driver's side window (imho, the most likely place for an attack).

    Or does it need to be in the center console or glove box closed.
    Not if you have a CWL.

    "Not readily accessible" is rather vague, and I would appreciated any input.
    "Not readily accessible" should not concern you, if you have your CWL.


    Hope this helps! Please correct me if I'm mistaken!
    - hhdorcy
    Last edited by hhdorcy; 08-04-2010 at 01:43 AM.

  3. #3
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    The best place for your firearm to be in is on you, even while driving. However is you want to throw it in the cup holder and put a hat over it you'll be fine/legal. And being as you have a concealed weapons license there is no need of having it in a secured holster/container.

  4. #4
    Distinguished Member 45Freak's Avatar
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    +1 for previous posts, If in a bad part of town, I carry mine on me just under seat belt and shirt out of holster. Carjackers BEWARE, I WILL have the drop on you. If anyone approaches near vehicle, my hand is under shirt at the ready.
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  5. #5
    Although I have just covered up my holstered firearm in the seat next to me,I don't like doing it and normally have it on my hip.When leaving your firearm on the seat covered up,I can't help but think what do I do if I get pulled over? Yes I know I'm legal and can just tell the LEO,but I like to keep that option to myself depending on what kind of attitude I may be getting.And I wouldn't want to make any moves that the LEO might interpet as my trying to hide something,such as putting the pistol in the glove box.Bad area,doors are locked and if someone approaches my vehicle my hand is on the grip ready if need be.I suppose another reason not to just place your firearm on the seat is suppose you are rear ended and your rig and pistol go flying off the seat.On long trips I do like taking a tommy'sgun pack and belting it to the seat belt strap,it won't going flying around in an accident and is still readily available.

  6. #6
    Distinguished Member fuzzy03cls's Avatar
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    That's the only issue I have. It's that LEO that doesn't know the law with a CWL(most don't) that will overact & then your on the ground, hood, or curb & cuffed.
    I make an effort to carry on me, but when I don't it's accessible near me.

  7. #7
    Super Moderator Steve48's Avatar
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    With your CCW it doesn't need to be securely encased to be legal, but consider what happens in a panic stop. On your person is best; secured in some way is pretty important otherwise.
    Steve
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  8. #8
    Distinguished Member Misty02's Avatar
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    I was under the impression that car carry was one thing and concealed carry another. Basically, if not on you then the general rules for car carry would apply. I always carry on me so I’ll admit to not giving that one as much thought as I should have.
    "In making tactical dispositions, the highest pitch you can attain is to conceal them." - Sun Tzu
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    …there is also a rule of the road on the water that states regardless of right of way every party involved is required to make every effort to avoid conflict on the water...rules to live by....

  9. #9
    Member Devilfrog's Avatar
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    Quote Originally Posted by erdocdd View Post

    I understand that the gun needs to be concealed, OR not readily accessible in the car.
    Fixed it for you (790.25 (5)).
    Without a CWL you can have it encased (i.e. snapped in holster (w/o cap), in a box, center console, etc) in your cup holder. If its not encased it must not be readily accessible.

    I have a CWL and either have my weapon IWB or simply keep it tucked under my left thigh for easy and quick access. If for some reason I am pulled over by a LEO I'll place it in my center console before the officer walks up to avoid issues if he is not clear about the law.
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  10. #10
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    Quote Originally Posted by Misty02 View Post
    I was under the impression that car carry was one thing and concealed carry another. Basically, if not on you then the general rules for car carry would apply. I always carry on me so I’ll admit to not giving that one as much thought as I should have.

    Inside a private conveyance and without a CWFL:
    Over 18 years of age, not otherwise prohibited from possessing firearms.

    A concealed handgun must be 'Securely Encased" or otherwise not "Readily Available for Immediate Use" -790.25(5)

    A visible handgun must be 'Securely Encased" - 790.25(3)(l) [Based on the definitions, snapped in a holster, or in a clear container with a closed lid would appear to qualify as a visible, securely encased firearm.]

    A long gun may be carried anywhere, concealed or visible, in your lap, on the seat, on the dashboard, etc. - 790.25(5)


    Inside a private conveyance and with a CWFL:
    21 years of age or older, not otherwise prohibited from possessing firearms.

    A concealed handgun may be 'Securely Encased" or otherwise not "Readily Available for Immediate Use" - 790.25(5); OR
    Carried on or about your person - 790.06.

    A long gun may be carried anywhere, concealed or visible, in your lap, on the seat, on the dashboard, etc. - 790.25(5)


    Note for motorcycle riders:
    The courts have ruled that a 'Securely Encased' firearm cannot be carried on or about one's person without benefit of a CWFL. *
    AND
    'Inside a private conveyance' means wholly within the interior of the vehicle.

    This would suggest that:
    Without a CWFL, it is very difficult to have a handgun in a motorcycle. [Saddle bags may or may not count as the interior, depending on the LEO, SA, Judge/Jury.]

    It is illegal for anyone to carry a long gun while on a motorcycle. [I cannot see a method to get a long gun inside a motorcycle]
    Unless you qualify for one of the other exceptions in 790.25(3).



    "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.

    "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.
    790.25(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.
    790.25(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 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:
    . . .
    (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;
    *
    979 So.2d 1048 (2008)
    Daniel J. DOUGHTY v. STATE of Florida
    No. 4D07-781
    District Court of Appeal of Florida, Fourth District
    March 19, 2008
    Last edited by brboyer; 08-04-2010 at 12:32 PM.

    I am not a lawyer!
    My opinion/comments are strictly that: My own, well researched, opinions.
    If anyone needs legal advise, please seek out a qualified attorney.
    Do not rely on my, or anyone Else's, opinions to keep you out of legal trouble.

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