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Thread: Vehicle carry question

  1. #11
    Distinguished Member NotXskinnyXBarbie's Avatar
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    Quote Originally Posted by BrianB View Post
    The only time any person on this forum should ever use the phrase "three move rule" (or "three step rule") is when explaining that there is no such thing (as BeerHunter did). Please folks, stop propagating this myth.
    Or trolling.


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  2. #12
    Distinguished Member Rick McC.'s Avatar
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    I don’t believe that “in the console” even remotely qualifies as “carrying.”
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  3. #13
    Distinguished Member gandrfab's Avatar
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    Quote Originally Posted by Xbonz View Post
    I believe BeerHunter answered the question, however, I have a question for you. Why would you leave an easily accessible firearm in a vehicle than can be broken into?
    Or a apartment, house, office, or a locked wood shop? All of which can be broken into.

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  5. #14
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    Quote Originally Posted by Countryboy7477 View Post
    I have also left Indian Harbour Beach Police Sargent a voice mail to get his view. It seems, in my past discussions and interactions, that the IHB officers are very 2A friendly and knowledgeable. Wanting y’alls feedback also.
    I live in IHB. If you need an attorney referral, please PM me. I do not suggest relying on local law enforcement for your legal advice. Apples and oranges.


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  6. #15
    Member Missileman's Avatar
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    Quote Originally Posted by Rick McC. View Post
    I don’t believe that “in the console” even remotely qualifies as “carrying.”
    The problem with the loaded gun in a car is 2 fold. A majority of states say you can carry a firearm in a car, but unloaded and the ammo in a different container. Like gun in console or glove box, ammo in the trunk and so on. This is what most LEOs are "used to". Florida was this way until 2008 when a security guard sued Disney about a firing because he had his loaded firearm in his car. They changed it then to cover a firearm in the car. Problem is that Florida's clause about "not ready for immediate use" has been interpreted to mean that a loaded firearm in a vehicle "is ready for immediate use" even if enclosed. Different jurisdictions can and have played it that way. A CC permit over rides this making a loaded gun in the direct reach of an occupant legal no matter who interprets the "law".
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  7. #16
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by Missileman View Post
    The problem with the loaded gun in a car is 2 fold. A majority of states say you can carry a firearm in a car, but unloaded and the ammo in a different container. Like gun in console or glove box, ammo in the trunk and so on. This is what most LEOs are "used to". Florida was this way until 2008 when a security guard sued Disney about a firing because he had his loaded firearm in his car. They changed it then to cover a firearm in the car. Problem is that Florida's clause about "not ready for immediate use" has been interpreted to mean that a loaded firearm in a vehicle "is ready for immediate use" even if enclosed. Different jurisdictions can and have played it that way. A CC permit over rides this making a loaded gun in the direct reach of an occupant legal no matter who interprets the "law".
    You are conflating a whole bunch of different statutes, in ways that are incorrect.

    First you talk about a "majority of states" requiring ammo to be separate from the gun when the gun is carried in a car. You then state this is "what most LEOs are used to". First I do not believe that the majority of the states require firearms to be transported that way. But more importantly that has not been the case in Florida for over 30 years, so unless most Florida LEOs used to be LEOs in some liberal state that so-required, I can't see how this could be the case, or more importantly, how one could possibly know it was the case even if it was.

    You then say "Florida was this way until 2008". That is incorrect. Florida has allowed securely encased carry (as defined in statute - which includes the glove box) since around 1987. At some point a law was enacted prohibiting employers from restricting their employees from keeping firearms in their personal vehicles in a company parking lot. Perhaps that is what you are thinking of regarding Disney.

    Then you say something about the interpretation of "not ready for immediate use" and that it might be ready for immediate use even if encased. This is wholly incorrect. F.S. 790.25 says (in relevant part):

    [...]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[...]
    (Emphasis added.)

    There's an "or" in that sentence. That means that unlicensed carry of an operable firearm within the interior of a private conveyance is legal if the firearm is securely encased (as defined by F.S. 790.001), OR the firearm is otherwise not readily accessible for immediate use. The "or" increases the number of ways the firearm can be legal - it does not more greatly restrict what must be done to make it legal. The statute would have to say "and" in order for there to be any concerns about a securely encased firearm being readily accessible. But that's not how it reads.

    You said "different jurisdictions an and have played it that way" (interpreted that a securely encased firearm was still readily accessible and therefore a crime). I am not aware of any such prosecutions, and any such prosecutions would certainly fail due to the plain wording of the law. If you have a case cite I'd love to read it.

    All of that said, I do agree that anybody who carries a gun in their car should go ahead and get a CWFL. It makes life simpler all the way around. What happens if your glove box latch breaks and you have no other way to "securely encase" your handgun? If you have a CWFL it's not a problem. If you don't, you have a big problem. A CWFL is a no-brainer.
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  8. #17
    Distinguished Member Rick McC.'s Avatar
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    Excellent, BB.

    My point was that having a gun in your vehicle isn’t “carrying.” If it were, you’d need a CCW to have a gun in your vehicle, which you certainly don’t.

    There’s a BIG difference.

    I don’t give a happy crap about other states, or cops from other states...
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  9. #18
    Super Moderator BeerHunter's Avatar
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    Quote Originally Posted by Rick McC. View Post
    Excellent, BB.

    My point was that having a gun in your vehicle isn’t “carrying.” If it were, you’d need a CCW to have a gun in your vehicle, which you certainly don’t.

    There’s a BIG difference.

    I don’t give a happy crap about other states, or cops from other states...
    This exactly on all points, including Brian's most recent post.
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  10. #19
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    Quote Originally Posted by Missileman View Post
    I have been stopped 3 times by OCSO. Each time I was dressed as a range RSO (we are neighbors to their range). They asked if I was carrying and I said yes. They asked where and I told them it was in the center console and did they want it? They said no just don't go playing with it. They ran my license and found my CC permit. Came back and asked if the firearm was loaded. I replied it was locked and cocked since it wouldn't be much good otherwise. We laughed and discussed firearms for a bit and was told to have a great day. Orange County has always been very friendly to carriers as far as I have seen.
    I wouldn't try that conversation with OPD or MPD, you're liable to get shot or tazed. Sheriff deputies (Broward excluded) are generally a lot more supportive of the 2nd Amendment than are city LEOs.

  11. #20
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    Quote Originally Posted by Xbonz View Post
    Why would you leave an easily accessible firearm in a vehicle than can be broken into?
    What if you are between the ages of 18-21, can't have a permit, and live in an apartment but want to take your firearm with you? Leaving it in your vehicle is the only way to do that.

    I have not figured out any way for a non-permit holder to move a handgun from their car to their apartment and vice versa.

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