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CWP Question

2602 Views 17 Replies 15 Participants Last post by  Rvrctyrngr
This may be a dumb question, but I've never heard of it..

My neighbor swears that by getting a cwp, your place of residence no longer requires a warrant for law enforcement to enter it..

every time he says it i'm like "damn I need to look that up" and I never have.

any takers? :popcorn
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This is not true.

Getting a Florida Concealed Weapon License does NOT forfeit ones protection of the Fourth Amendment Of the United States Constitution.

I think my favorite misconception is the "3 step rule" Somewhere once upon a time people got some idea about firearms being 3 steps from being used to be legal in a car or some other places without a CCW. I have had permits in 3 different states. I am licensed to practice law in two states and have never seen a statute referring to any 3 step rule.

I was just speaking with someone this week that believed that was the rule carrying in their car. I asked where that came from, he said the store owner where he bought the gun a few months ago.
Next time a conversation like that comes up, please advise them of the Florida Statute 790.25 Lawful ownership, possession, and use of firearms and other weapons.--


The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 790

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

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.

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

(16) "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.

(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.
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