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Discussion Starter · #1 ·
Quick question. While waiting for Tallahassee to process my CCW I am throwing the 9mm into the glove box when we go out and about. Does it need to be in a snap holster IN ADDITION TO being in the glove box? Seems I heard about some three-step BS a while back, but have recently heard that was just drama... the statutes are, sorry to say, clear as mud as far as practicality.

AWD
 

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No such thing as a 3 step rule Just remember it needs to be in a snapped holser and securely encased and you will be fine. When you get the opertunity pick up a copy of floridafirearmslaw by Jon Gutmacher very good book explaining about the firearms laws here in Florida.
 

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It has to be in a snapped holster or securely encased in a glovebox, shoebox or any such place and you'll be good to go.
 

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790.001 Definitions.
(17) "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.
Yeah, no "AND" in there. That said if I have mine in my glovebox or center console for whatever reason it's still in some sort of holster that at least covers the trigger, but from I've read it doesn't have to specifically be in a snapped holster while in a glovebox, etc...
 

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790.001 Definitions.


Yeah, no "AND" in there. That said if I have mine in my glovebox or center console for whatever reason it's still in some sort of holster that at least covers the trigger, but from I've read it doesn't have to specifically be in a snapped holster while in a glovebox, etc...
Please Site where you have read this,Please refer to a Florda Statute where this is written, we don't a member to get caught doing something and not be able to have some sort of reference.
Now its my understanding it doesn't have to be in a snapped holster if you have a CWL,Other then that its supposed to be securely encase in a snapped holster.
 

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Please Site where you have read this,Please refer to a Florda Statute where this is written, we don't a member to get caught doing something and not be able to have some sort of reference.
Now its my understanding it doesn't have to be in a snapped holster if you have a CWL,Other then that its supposed to be securely encase in a snapped holster.
It's clearly written in the statute definition posted above (790.001 Definitions).

Snapped in a holster is 'securely encased', in the glovebox is 'securely encased'. It doesn't have to be both. The console qualifies as a 'box with a lid', no holster required.

You can put a loaded gun in a shoebox with a lid (no holster) and place it on the seat next to you. I wouldn't recommend it, but it's perfectly legal.
 

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Discussion Starter · #7 ·
Man I can't wait for this freakin' license to get here and all this would be moot...

I don't want to have to have it in a holster for two reasons. One, of course it adds a small amount of (God forbid) time if I need it. Two, relying on that holster for legality purposes becomes null and void if, for some reason, that snap becomes unsnapped. It would suck to have to go to jail over a stupid snap. Does this make any sense or am I just being paranoid here.

AWD
 

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AWD you are right to be frustrated. Laws are vague and leave us non-lawyers to try and figure it out. The way I interpret this is if you have a license you can carry anyway you want on your person as long as it's concealed. Non-license must have a snapped holster if you choose to use a holster while in the car.
 

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Please Site where you have read this,Please refer to a Florda Statute where this is written, we don't a member to get caught doing something and not be able to have some sort of reference.
Now its my understanding it doesn't have to be in a snapped holster if you have a CWL,Other then that its supposed to be securely encase in a snapped holster.
Just straight from 790.001:
(17) "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.

Those are what the statutes defines as being securely encased, multiple criteria separated with a semicolon and then the OR right before the last criteria.
 

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Now the way i was Taught and the way i interpret this is for a snapped holster to be used in a glove box you are correct sir. Again this was the way i had interpreted it understood it had to be a snapped holster,
 

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Just straight from 790.001:
(17) "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.

Those are what the statutes defines as being securely encased, multiple criteria separated with a semicolon and then the OR right before the last criteria.
I don't think it can be stated any plainer than this, FL2011, and you are absolutely correct. Each criteria is MUTUALLY EXCLUSIVE of any other.

Snapped in a holster is one form of 'Securely Encased'. In a glovebox is another. Each form meets the criteria in and of itself.

The spirit of the statute (read: it's legislative intent) is that the driver need to open something to access the loaded weapon (holster strap, glovebox door, box lid, etc...), not open multiple things.

:drinks
 

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IMHO. the use of a semi colon is an independent continuation of a list, Wikipedia says:

between closely related independent clauses not conjoined with a co-ordinating conjunction: "I went to the swimming pool; I was told it was closed for routine barnacle husking."
 

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Definitions.
I've read it doesn't have to specifically be in a snapped holster while in a glovebox, etc...

This was the question that i had tht it doesn't have to be a snapped holster now i researched the florida firearms law book on Page 79 say it must be in some type of holster but it has to be securely encased,

Now that is the interpretation in the book,now we all know that alot of people out there including LEOs don't pay particular attention to the firearms laws they will arrest you and let the system sort it out.

Now the question here is do you want to put yourself through the painful,costly motions to prove weather you are right or wrong I sure dont we can all read what the statute says and if we can interpret a snapped holster, why wouldn't you think an LEO wouldn't best thing is to get your concealed License and carry anyway you want.

Now i have posted this link to Mr Gutmachers Blog not going to post what he wrote cause i do not wish to infringe on anything but the link i put for you to reference and get an idea of how much of a mess you can get into and the process of actually provin in the end you were right.
http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=Criminal-Lawyer-Blog&Store_Code=FFL
 

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If it's in the glove box it doesn't have to be holstered. I was pulled over this morning for rolling through a stop sign, and when the officer asked for my license and registration I said "officer for your safety and mine I want to inform you that I have a firearm in my glovebox. How would you like to proceed?". He said that's fine, don't go near the glovebox and you'll be fine. Oops, guess where the proof of insurance and vehicle registration were?

I explained that my documentation was in the glove box, and he gave me the go ahead to fish it out. I pulled my gun out by the very base of the grip, keeping well away from the trigger and placed it on the seat, then I grabbed my docs and gave them to the officer. He then asked me to put the gun back in the glovebox, which I did, and he went back to his car with the paperwork.

He let me off with a warning, which I put down to two things, 1. I have an army plate on my car. He asked me who was in the military and I explained that my friend Glenn was being deployed to Iraq when I bought the car so I asked the dmv for the army plate as a tribute to him.

and 2. because I was very respectful, and let him know politely and right away about my lawful firearm.

Or 3, maybe it was the end of his shift and he didn't want to bother writing the ticket? :rolf


Whatever the reason, the situation turned out as well as it possibly could have and for that I am grateful. :dancingbanana

You would have to have the firearm holstered with a snap if it was under the seat, or hidden in a door pouch. Glove box qualifies as a sealed container.
 

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Jbagwell3408 I'm glad the stop turned out good for you. One piece of advise if you have not already done so. Keep that paperwork away from you weapon. You got a very professional LEO but you might get one that's not as calm next time.

I keep my DL and CWL together and the registration I keep in an envelope above my visor. All within easy access so if I get stopped I can get them before the LEO gets to me. I know, call me scared but I want my stops to go as easy as possible.

I love what you did with that license plate :thumsup
 

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This is such a great post. I am glad your police stop went well. I too am waiting to get my CCW. I sent mine off in mid December, check still has not cleared the bank so I am assuming that they are very backed up and busy. I am resigned to the idea that it is going to probably take the full 90 days.

Anybody else applied in December who haven't had their check cashed yet? I have contemplated carrying in the car in the snap holster but have decided to wait for the CCW permit so that I won't have any problems at all. For some reason I don't have a problem here in Florida but everytime I go to AL to visit my family it never fails that I get pulled over and car searched. I always travel with the gun locked in it's case and the case itself locked and in the cargo area of the truck but I have been detained while the LEO consulted with superiors about the legality of my transporting the weapon.
 

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I believe Steve66 reported in another thread that he submitted in December and had his check cashed yesterday.
 

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I believe Steve66 reported in another thread that he submitted in December and had his check cashed yesterday.
That is correct. I popped open a few beers to celebrate.. Now the waiting begins :D
 

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I moved my paperwork so it's under the elastic loops that hold my cd organizer to my sun visor.


Still waiting on my permit... supposedly it was mailed week of December 12, but it hadn't shown, so I called and they've remailed the permit.


My check cleared october 10
 
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