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Thread: Gun in car?

  1. #11
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    Gun in Car?

    Re: The Section 790.01 Florida Gun Law. Can someone tell me the difference of a concealed firearm being under the passenger front seat or being in the glove box. They are both concealed and both out of the way as easy accessible. So is it ok to have it under the passenger front seat? Or if not please explain why and what difference that makes compared to a glove box or center console? Thanks and all reply's welcomed.

  2. #12
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    Once the firearm is in the interior of the vehicle it is CONCEALED.

    790.25

    "......... firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. ..............."



    Encased or not if the firearm is as accessible as if it were secured upon your person then you can be in some serious trouble. Under the seat or stuck between the seats would be considered by most to be "accessible for immediate use"

  3. #13
    Distinguished Member Glock23-4-Me's Avatar
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    Quote Originally Posted by SGB View Post
    Under the seat or stuck between the seats would be considered by most to be "accessible for immediate use"
    +1000000

    If you want it under the seat then put it in a holster with a snap. Problem solved.

    by the way, being concealed in the vehicle is not relivent. It does not have to be concealed. I pointed that out in my post #6 above.

  4. #14
    Senior Member airhead's Avatar
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    without a CCW, you need to have it "securely encased" or "not readily accessible".

    Now, I don't know about your vehicle, but if I put a handgun under my seat, it would end up under my break or gas pedal the first time I had to do a hard stop. A loaded firearm rattling around with me stomping on it is one of the last things I want to be around - glock or not.

    Got a center console? Great place for it.

    If not, put it in the glove box. Just don't keep your insurance and registration there too. It kinda makes the officer nervous when you reach over to open your glove box to get you papers and a .357 falls out into your hand.

    ****
    At 18 you may legally own a gun, but you may not legally purchase a handgun. One of the first things a LEO is going to do is grill you about it if he sees it.

    At 18, I did a lot of dumb things that will get you into a lot more trouble today than they did back then. But doing something stupid with a gun just ups the ante a whole bunch. Just sayin'.
    Last edited by airhead; 10-19-2009 at 01:28 PM. Reason: because it is Monday and my brain is slow.
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  5. #15
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    Quote Originally Posted by airhead View Post
    At 18 you may legally own a gun, but you may not legally purchase a handgun.
    Not quite accurate, at 18 you may not purchase a handgun from a federally licensed dealer however it's perfectly legal to purchase from an individual.


    Quote Originally Posted by Glock23-4-Me View Post
    +1000000

    If you want it under the seat then put it in a holster with a snap. Problem solved.

    by the way, being concealed in the vehicle is not relivent. It does not have to be concealed. I pointed that out in my post #6 above.
    Under the seat even in a holster with a retention device can still be just as accessible as if the same holstered firearm were on your belt. Hench it's a location that may well end with you being charged.

    As to the concealment issue I agree, just trying to clarify for folk as to the why. Once the sidearm is placed in the vehicle it is Concealed as it is beyond the site of the ordinary person. 790.25(5) provides an exclusion to 790.01 provided it's conditions are met. Rather it is concealed from sight within the vehicle is immaterial.
    Last edited by SGB; 10-19-2009 at 01:48 PM.

  6. #16
    Distinguished Member T.S.'s Avatar
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    Quote Originally Posted by chucky View Post
    I have some questions hopefully someone can help me out. All reply's welcome. Regarding the Florida concealed gun law. Is it legal to be 18 and carry a gun under the passenger front seat of your car? Does it need to be in a case or no? According to Section 790.01 you can have a concealed firearm in your car as long as it is not easily accessible. So having it under the passenger front seat of your car is that ok? Thanks
    Chucky, do you have a Florida Concealed Weapon and Firearm License?

    If so, then according to: 790.001 Definitions.

    http://www.flsenate.gov/Statutes/ind...20001#0790.001

    The 2009 Florida Statutes

    Title XLVI
    CRIMES Chapter 790
    WEAPONS AND FIREARMS

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

    (2) "Concealed firearm" means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

    And according to 790.01 Carrying concealed weapons

    http://www.flsenate.gov/Statutes/ind...0790/Sec01.HTM

    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.
    If you have a Flordia Concealed Weapon and Firearm license then your firearm only needs to be concealed, it does not need to be " securely encased " or " not readily accessible for immediate use " but must be concealed " from the ordinary sight of another person. "
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  7. #17
    Distinguished Member Glock23-4-Me's Avatar
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    Quote Originally Posted by SGB View Post
    Under the seat even in a holster with a retention device can still be just as accessible as if the same holstered firearm were on your belt. Hench it's a location that may well end with you being charged.

    As to the concealment issue I agree, just trying to clarify for folk as to the why. Once the sidearm is placed in the vehicle it is Concealed as it is beyond the site of the ordinary person. 790.25(5) provides an exclusion to 790.01 provided it's conditions are met. Rather it is concealed from sight within the vehicle is immaterial.
    it does not matter if it is under the seat as long as it is in a holster. The location of the firearm is not relevent to the statute. The statute says:

    790.25 790.25 Lawful ownership, possession, and use of firearms and other weapons.--

    (3) LAWFUL USES.--The provisions of ss. 790.053 (open carry law) and 790.06 (law about having to be licensed to carry a firearm) 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;

    As you can see if you are traveling by private conveyance then the weapon only needs to be securely encased. In the situation I described, being in a holster with a snap meets the qualification of securely encased. Nothing else is required in regards to not being readily available for immediate use.

    As far as your comment about once the firearm is anywhere in your vehicle, it is "concealed". I would respectfully disagree unless you can provide something legal to back up your statement, like a court case or statute. If seems that If EVERY firearm that is in your vehicle is CONCEALED, then why would they state in the statute that it does not have to be concealed if it is securely encased. Again, I would like to see you post proof of this statement. Thanks again.

    Glock
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    I am not a lawyer!! Any information I provide is my opinion only and should not be considered as legal advice. If you need legal advice, I suggest you call someone with a law degree.

  8. #18
    Distinguished Member Glock23-4-Me's Avatar
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    Quote Originally Posted by TampaSsgt View Post
    Chucky, do you have a Florida Concealed Weapon and Firearm License?

    If so, then according to: 790.001 Definitions.




    And according to 790.01 Carrying concealed weapons



    If you have a Flordia Concealed Weapon and Firearm license then your firearm only needs to be concealed, it does not need to be " securely encased " or " not readily accessible for immediate use " but must be concealed " from the ordinary sight of another person. "

    Hey TS I think you mistakenly missed that the question was if an 18 year old could do this. If you are 18 then you are too young to be eligible for a CWFL.
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security

    LITTLE BEAR HOLSTERS

    I am not a lawyer!! Any information I provide is my opinion only and should not be considered as legal advice. If you need legal advice, I suggest you call someone with a law degree.

  9. #19
    Distinguished Member T.S.'s Avatar
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    Quote Originally Posted by Glock23-4-Me View Post
    Hey TS I think you mistakenly missed that the question was if an 18 year old could do this. If you are 18 then you are too young to be eligible for a CWFL.
    Yep, I did miss that part.

    In that case I agree with your post #6.
    I, do solemnly swear that I will support and defend the Constitution
    of the United States against all enemies, foreign and domestic ...

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    This is the last stand on earth. "
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  10. #20
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    Quote Originally Posted by Glock23-4-Me View Post
    Again, I would like to see you post proof of this statement. Thanks again.

    Glock
    Ensor v. State, 403 So. 2d 349
    (Fla. 1981), recognized this policy when it established a two-fold test to determine concealment. For a firearm to be concealed, it must be (1)
    on or about the person and (2) hidden from the ordinary sight of another person. The term ‘on or about the person’ means physically on
    the person or readily accessible to him. This generally includes the interior of an automobile and the vehicle’s glove compartment, whether or not locked. The term ‘ordinary sight of another person’ means the casual and ordinary observation of another in the normal associations of life. Ordinary observation by a person other than a police officer does not generally include the floorboard of a vehicle, whether or not the weapon is wholly or partially visible.

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