[Hodawg]

OK y'all, I got the first step covered on the CCP yesterday with the scanned fingerprinting done at Bay County S.O. Next question, which I've had LOTS of interpretations on, is how many "steps" must I have to legally carry in my vehicle without my permit? I have a pickup with a center console/cubby hole. If I keep my piece in the console (which is unlocked when I drive) and also in a holster (keeping the "thumb break" option open here) where do I stand? I know where I stood in good ol' Alabama, but I don't want to run afoul of the law while I waiting on my card. Thanks for the help.
Beers,
Ken

 

[jimmills]

If you know where you stood in Alabama, you will really like Florida.

In Alabama, it is simple, you cannot carry a handgun in your vehicle without having a concealed carry permit. Stripped of your right to defend yourself unless you are a resident of Alabama and are buddies with the sheriff so you can get the concealed carry license.

In Florida, you can carry a handgun in your vehicle without a concealed carry license. It cannot be on your person but is perfectly legal to have it in your glove box or console (whether or not locked), in fact, it is legal to have it in a shoe box on the seat if the box has a lid on it. The law says securely encased and that includes consoles, glove boxes, and even a holster with a snap flap on it. You just want to be sure you don't have it on your person until you get the CCW license.

In my own truck, the center console opens so quickly and easily that a flick of the pinky finger will open the console. The top of the console pops open and there is the weapon in a holster velcroed to the side of the console with the butt stuck up so it can be grabbed and used more quickly than if I had it in a concealed carry holster. There may also be a bug in the glove box. Both are quite legal even without a CCW.

Jim

 

[Rvrctyrngr]

You're fine with your planned arrangement.

There are no 'steps' involved, though you may hear the inane '3-step rule' BS occasionally.

The law states 'securely encased' or 'not readily accessible'. In the console with or without a holster is just fine.

790.25 is the applicable statute (sorry, can't get the statutes to load right now).

 

[jimmills]

By the way, if you have it in your console, you do not have to have it in a holster also. I stick mine in the holster velcroed in the vertical position just because that is the fastest way to get to the weapon. When that lid pops up, there is the butt of the weapon stuck up in the air, free of any obstructions, no fumbling around required to withdraw the weapon.

Jim

 

[Hodawg]

Thanks for the info, guys. That's just the type of "hands on" stuff I was looking for.

By the way, Jim, really cool avatar! Mrs. Hodawg loves it!

Beers y'all,
Ken

 

[jimmills]

Why thank you, hodawg and Mrs hodawg.

The avatar so accurately reflects my personalty.

Jim

 

[fuzzy03cls]

Keep in mind you may run into as has already been the case in a few posts in the last few months, a LEO that is either not familiar with the real law, or simple doesn't care about it. Even if you are in the right, a LEO that has this position could make your life hell.

 

[RadTek]

Keep in mind you may run into as has already been the case in a few posts in the last few months, a LEO that is either not familiar with the real law, or simple doesn't care about it. Even if you are in the right, a LEO that has this position could make your life hell.

Agreed. I have heard more than one LEO state the "3 step" rule.

If ever stopped and questioned regarding a 3 step rule, just ask for a supervisor. Our law enforement service men and women are asked to serve and enforce more laws than any one person could ever remember word for word. But, I think most would agree..if you handle them with respect, you'll get respect..and politely and respectfully asking for a supervisor will usually get you that 2nd opinion you'd need in that situation.

 

[Cthulhu]

If somebody (hopefully not the person teaching your CCW course!) tells you there are "steps" required to access your weapon in a car, at best, they're unfamiliar with Florida firearms laws. At worst, they're utterly clueless.

-JT

 

[TellyDSP]

By the way, if you have it in your console, you do not have to have it in a holster also. I stick mine in the holster velcroed in the vertical position just because that is the fastest way to get to the weapon. When that lid pops up, there is the butt of the weapon stuck up in the air, free of any obstructions, no fumbling around required to withdraw the weapon.

Jim

What kind of velcro are you using. I havent experienced any velcro adhesive strong enough to endure in-car Florida heat and support the weight of a weapon without failing.

 

[jimmills]

It was just some cheap stuff the DW picked up at Wally World.

There other things in the console that do help support the weapon. Cleaning rags, spare ultra-lite spinning reel, Pompano jigs, Jon Gutmacher's book, my little teddy bear and stuff like that wedged around the holster help keep it in the upright position with very little pull on the velcro. I positioned the holster so that the muzzle of the weapon pretty well rests on the bottom of the console. Even with all the other stuff in the console, the holster keeps the pistol from snagging on anything when you jerk it out quickly to blast the mosquito crawling on the windshield.

Jim

 

[J T]

Try the industrial strength Velcro; should be available at Home Depot, etc. I use it to hold a hump bag on my scooter and it's held up very well, even sitting outside in the sun and rain.

 

[Hodawg]

There other things in the console that do help support the weapon.....ultra-lite spinning reel, Pompano jigs, .......

:thumsup

Sounds like you've been digging around in my truck!

Beers,
Ken

 

[deadeyedick]

Agreed. I have heard more than one LEO state the "3 step" rule.

Good lord, don't get me started with that...I knew an LE instructor in Brevard County who actually taught that nonsense at the academy. :doh

 

[Loadthis]

My girlfriend just took the CCW class at the NW Florida Fairgrounds gunshow and the instructor taught that if you carry in your vehicle, the gun must be in a snapped holster! Even if in your glove box! Also, three different LEO's told us threee different versions of how we could (or could not) carry.

The statutes clearly define:

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

(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. "

And further defines:

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

(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;

(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."

Just goes to show that you have to get the information directly from the source. Not the CCW instructor, not a LEO, but from the Statutes themselves.
I am going to confront the individual tomorrow and clarify this matter.

 

[Loadthis]

This lawyer is a pro 2nd ammenment defense lawyer and was recommended to me by a couple patrons of the gun show during a conversation in the smoking area. This is what he has to say about the issue of "securely encased".


http://www.floridafirearmslaw.com/Carrying-Concealed-Firearm-Concealed-Weapon.html

 

[SwampRat]

Loadthis, welcome to the forum..Jon Gutmacher is well known and his book is highly recommened on this forum...Anyone who wants, has or is thinking of Carrying a Concealed Weapon in the State of Florida should purchase and read his book. I recommend it in every class.

 

[MiklColt45]

Just goes to show that you have to get the information directly from the source. Not the CCW instructor, not a LEO, but from the Statutes themselves. I am going to confront the individual tomorrow and clarify this matter.

Let us know how that goes for you.

 

[Loadthis]

Sorry guys, I missed the instructor on sunday.
BTW I'm in NC right now and open carry is pretty nice. Get alot of looks but it's nice to carry as I have not yet recieve my CCW. NC does not allow citizens without a CCW to carry in their glove box as it's considered concealed but when it's on my waistband it's legal!

 

[Techninja]

I would love to see the whole country go open carry. I think violent crime would go down, don't you think?