Correct, you can carry in any of his examples with or without a permit.
Pg. 75 & 76 in Gutmacher's Book.
At the bottom of page 75 under the "Summary of where handgun can be kept in Vehicle"
"Most questions on firearms law concern where a person can LEGALLY carry a handgun in a vehicle, WITH or WITHOUT a concealed permit, here's the short answer on what's definitely 'securely encased'."
Then it goes on page 76 the situations which are legal but what I am gathering from the above comment.........This means even "WITHOUT" a permit his following answers are still legal when carrying in a car not having a permit?
Input?
"Most questions on firearms law concern where a person can LEGALLY carry a handgun in a vehicle, WITH or WITHOUT a concealed permit, here's the short answer on what's definitely 'securely encased'."
Then it goes on page 76 the situations which are legal but what I am gathering from the above comment.........This means even "WITHOUT" a permit his following answers are still legal when carrying in a car not having a permit?
Input?
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That is correct. As long as the firearm is 'securely encased,' and a. - e. show what 'securely encased' means, then one is good to go, whether or not one has your CWFL.At the bottom of page 75 under the "Summary of where handgun can be kept in Vehicle"
"Most questions on firearms law concern where a person can LEGALLY carry a handgun in a vehicle, WITH or WITHOUT a concealed permit, here's the short answer on what's definitely 'securely encased'."
Then it goes on page 76 the situations which are legal but what I am gathering from the above comment.........This means even "WITHOUT" a permit his following answers are still legal when carrying in a car not having a permit?
Input?
WITH a CWFL, one can have it on one's person, or on the seat (but covered or 'not exposed'), or under one's thigh, or wherever.
it can be exposed if it has a snap on it regardless of if you have a CWFL or not. Probably not the smartest thing to do, but legal none the less.That is correct. As long as the firearm is 'securely encased,' and a. - e. show what 'securely encased' means, then one is good to go, whether or not one has your CWFL.
WITH a CWFL, one can have it on one's person, or on the seat (but covered or 'not exposed'), or under one's thigh, or wherever.
When I drive I always keep it center counsel. The counsel snaps shut when you close it. Is it the fastest way to get it if you need it? Probably not.
However, do I have to have it snapped in a holster AND in the center counsel to make it legal? Or will having it in the center counsel be legal since it snap closes?
Page 76 is pretty specific on what's legal but just wanted to make sure.
However, do I have to have it snapped in a holster AND in the center counsel to make it legal? Or will having it in the center counsel be legal since it snap closes?
Page 76 is pretty specific on what's legal but just wanted to make sure.
In the center console (with or without being in a holster) is legal.
Oh another reason I bring it up is because of the show COPS. I know you can't be doing an illegal activity while carrying even if you have a permit.
COPS are in Florida often and when someone gets pulled over say for a traffic violation then they wind up going to jail for having a concealed weapon. Why do so many people go to jail for having a concealed weapon when it says on page 75 & 76 that it is completely legal.
I know if a crime is commited while carrying you can get into touble but even in a traffic violations these guys go to jail.
COPS are in Florida often and when someone gets pulled over say for a traffic violation then they wind up going to jail for having a concealed weapon. Why do so many people go to jail for having a concealed weapon when it says on page 75 & 76 that it is completely legal.
I know if a crime is commited while carrying you can get into touble but even in a traffic violations these guys go to jail.
You have to remember that COPS is a TV show...they're not going to show you all the times that people didn't get arrested. :laughingOh another reason I bring it up is because of the show COPS. I know you can't be doing an illegal activity while carrying even if you have a permit.
COPS are in Florida often and when someone gets pulled over say for a traffic violation then they wind up going to jail for having a concealed weapon. Why do so many people go to jail for having a concealed weapon when it says on page 75 & 76 that it is completely legal.
I know if a crime is commited while carrying you can get into touble but even in a traffic violations these guys go to jail.
And also don't forget, If you are a convicted felon, You are prevented from owning a firearm PERIOD.
So, break the law, go to jail, especially on camera, it makes for good TV.:rolf
Besides, the dumb a**es that you see on TV deserve to go to jail.
Why would you give the police permission to search your car just because you farted? Come on, get real, If they have a valid reason for searching it, they won't need your permission. If they don't have a valid reason they are just fishing.
Another-words, if they have to ask, JUST SAY NO.:smack
So, break the law, go to jail, especially on camera, it makes for good TV.:rolf
Besides, the dumb a**es that you see on TV deserve to go to jail.
Why would you give the police permission to search your car just because you farted? Come on, get real, If they have a valid reason for searching it, they won't need your permission. If they don't have a valid reason they are just fishing.
Another-words, if they have to ask, JUST SAY NO.:smack
You have to remember that COPS is a TV show...they're not going to show you all the times that people didn't get arrested. :laughing
Yea, good point.
+100!And also don't forget, If you are a convicted felon, You are prevented from owning a firearm PERIOD.
So, break the law, go to jail, especially on camera, it makes for good TV.:rolf
Besides, the dumb a**es that you see on TV deserve to go to jail.
Why would you give the police permission to search your car just because you farted? Come on, get real, If they have a valid reason for searching it, they won't need your permission. If they don't have a valid reason they are just fishing.
Another-words, if they have to ask, JUST SAY NO.:smack
If you are not a felon or engaged in a felony, the gun in the car is legal.
They cannot take you to jail for it.
If you let them search your car, your bad. Don't do it. Can only muck things up.
Before I got my permit I used to carry in my car 100% of the time. While I was driving my weapon was always in my center console with the cover closed. When I stopped to go into a store or wherever it always got locked in one of these under my passenger seat with the cable securely attached to the seat frame.
http://www.cabelas.com/cabelas/en/templates/pod/standard-pod-wrapped.jsp?id=0045006&navCount=3&parentId=cat20799&masterpathid=&navAction=push&cmCat=MainCatcat602007-cat20799&parentType=index&indexId=cat20799&rid=
http://www.cabelas.com/cabelas/en/templates/pod/standard-pod-wrapped.jsp?id=0045006&navCount=3&parentId=cat20799&masterpathid=&navAction=push&cmCat=MainCatcat602007-cat20799&parentType=index&indexId=cat20799&rid=
That kind of looks like the case my G27 came in minus the lock. The center console is what I use even with a permit. Wouldn't the case a gun comes in be just as legal? It has two snaps you have to open before you have access to the gun.Before I got my permit I used to carry in my car 100% of the time. While I was driving my weapon was always in my center console with the cover closed. When I stopped to go into a store or wherever it always got locked in one of these under my passenger seat with the cable securely attached to the seat frame.
http://www.cabelas.com/cabelas/en/templates/pod/standard-pod-wrapped.jsp?id=0045006&navCount=3&parentId=cat20799&masterpathid=&navAction=push&cmCat=MainCatcat602007-cat20799&parentType=index&indexId=cat20799&rid=
I know it would be obvious to people passing by or criminals would be able to tell what is in it should anyone look in but say you left it snapped shut under the seat that should be legal? Yes?
Reason I ask is if I run up to the store that would only take a 5 minutes and don't want to put on my holster couldn't I just put the gun in the case it came in and put under the seat out of sight? I think it fits the requirements.
The price is good on the cabelas it would almost be the same thing but better. I could buy one of those and put it in the under the seat? If I am only running in and out I wouldn't have to use the cable. I'd use the cable if I was going to be away from the car for awhile. Any of this fall under the legal category?
If you have a permit, you only need to make sure the weapon is not visible to anyone. It has to be "securely encased" if you dont have a permit.
I'm not too sure about that one. Let's kick it around a bit.If you have a permit, you only need to make sure the weapon is not visible to anyone. It has to be "securely encased" if you dont have a permit.
Gutmacher says in his book, page 83 bottom, There's another legal way to transport a firearm in a private conveyance (i.e. vehicle) called "not readily accessible for immediate use". You can have a firearm in a vehicle securely encased, not readily accessible for immediate use, or both. Any combination is legal. Likewise, if you have a concealed permit, you can have a firearm in a vehicle in any or all of these carry methods. Your choice, nobody should really care because leagally it doesn't matter - if you are legal, you're legal"
I have not been able to figure out what he means by this to my satisfaction. Can we discuss it?
I don't see anywhere in the section on carrying in vehicles where he gives any special consideration to the CWFL except to keep the gun on your person concealed.
Not readily accessible means not being able to be used without some significant action on your part. A trigger lock, or an unloaded firearm without ammunition in close proximity both qualify. Gun in trunk also qualifies.I'm not too sure about that one. Let's kick it around a bit.
Gutmacher says in his book, page 83 bottom, There's another legal way to transport a firearm in a private conveyance (i.e. vehicle) called "not readily accessible for immediate use". You can have a firearm in a vehicle securely encased, not readily accessible for immediate use, or both. Any combination is legal. Likewise, if you have a concealed permit, you can have a firearm in a vehicle in any or all of these carry methods. Your choice, nobody should really care because leagally it doesn't matter - if you are legal, you're legal"
I have not been able to figure out what he means by this to my satisfaction. Can we discuss it?
I don't see anywhere in the section on carrying in vehicles where he gives any special consideration to the CWFL except to keep the gun on your person concealed.
If the gun is concealed, and you have your CWFL, you are good to go. Put it under a towel. Under a hat.
Under the obits. Or, in a rat.
Don't matter.
Now, there are some places that may not make sense to keep a gun if you slam on brakes or decide to do a 360 in the air. A loaded gun flying around your head, or getting under your feet or the brake pedal would not be a good thing.
But, legally, you are okay.
My appologies for taking a while to respond, I was previously actively engaged in another thread.I'm not too sure about that one. Let's kick it around a bit.
Gutmacher says in his book, page 83 bottom, There's another legal way to transport a firearm in a private conveyance (i.e. vehicle) called "not readily accessible for immediate use". You can have a firearm in a vehicle securely encased, not readily accessible for immediate use, or both. Any combination is legal. Likewise, if you have a concealed permit, you can have a firearm in a vehicle in any or all of these carry methods. Your choice, nobody should really care because leagally it doesn't matter - if you are legal, you're legal"
I have not been able to figure out what he means by this to my satisfaction. Can we discuss it?
I don't see anywhere in the section on carrying in vehicles where he gives any special consideration to the CWFL except to keep the gun on your person concealed.
Absolutely we can discuss it. He of course is correct.
Forgive me, I am not talking down to you because I am sure you know most all of this.
790.06 as you know pertains to carrying a concealed weapon. With a CCW You can have a gun on or about your person. The "on" of course is easy to understand. The about part means that it is close enough to you that you can as easily access it as if it had been on your person. So it is right next to you or in a purse. The statute goes on to say that it has to be out of "ordinary sight of another person". This can either be concealed under your clothing as we normally carry or if its next to you on the seat, it still must be "out of ordinary sight of another person" which it would be if it was covered with a rag or shirt or anything pretty much.
(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.
The difference between having a CCW and not is statute 790.25 states that "The provisions of ss. 790.053 and 790.06 do not apply in the following instances"
This means that you do not have to have a ccw (790.06) and you can "open carry" (790.053) in the following instances one of which is
(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;
so if you do not have a CCWL then you can carry anywhere in your vehicle as long as it is "securely encased"
(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.
So if you have a holster with a snap or thumb break then you can have it anywhere in the vehicle and it does not have to be concealed because 790.25 (listed above) stated that f.s. 790.053 (open carry) does not apply in a private conveyance.
I hope this helps
So we are saying here is that if I have a CWFL then I can have the gun concealed near me? Then does it still have to be encased, locked, not readily accessible, etc?
I used to take my carry weapon and put it in a holster that was stuck between the driver seat and the center console. It worked really good because I could get to it easily just by slipping my hand down to my side. But I stopped doing that when I read Gutmacher's section on carrying in a vehicle. I started putting the gun inside the center console instead. But we are saying here that I can still carry it next to me between the seat and console as long as it is hidden from view (concealed)? Like in a holster snapped with a towel or newspaper over it?
I used to take my carry weapon and put it in a holster that was stuck between the driver seat and the center console. It worked really good because I could get to it easily just by slipping my hand down to my side. But I stopped doing that when I read Gutmacher's section on carrying in a vehicle. I started putting the gun inside the center console instead. But we are saying here that I can still carry it next to me between the seat and console as long as it is hidden from view (concealed)? Like in a holster snapped with a towel or newspaper over it?
Ok, I found this on Page 72 under How You Can Carry Concealed.
Carrying a concealed weapon or firearm under FS 790.01 means "on or about your person". "On or about" your person generally means within your reach or immediate control. Thus, with the permit you may legally carry your firearm or weapon in a briefcase, bag, etc, -- as well as on your immediate person, so long as it's concealed. Logically, this means you could have it within reach, under a towel in your car. No it doesn't have to be in a holster!
Interesting, that puts a whole different spin on it for me.
Carrying a concealed weapon or firearm under FS 790.01 means "on or about your person". "On or about" your person generally means within your reach or immediate control. Thus, with the permit you may legally carry your firearm or weapon in a briefcase, bag, etc, -- as well as on your immediate person, so long as it's concealed. Logically, this means you could have it within reach, under a towel in your car. No it doesn't have to be in a holster!
Interesting, that puts a whole different spin on it for me.
Nope, If you have CWFL it does not need to be encased but still needs to be out of ordinary sight of others.So we are saying here is that if I have a CWFL then I can have the gun concealed near me? Then does it still have to be encased, locked, not readily accessible, etc?
I used to take my carry weapon and put it in a holster that was stuck between the driver seat and the center console. It worked really good because I could get to it easily just by slipping my hand down to my side. But I stopped doing that when I read Gutmacher's section on carrying in a vehicle. I started putting the gun inside the center console instead. But we are saying here that I can still carry it next to me between the seat and console as long as it is hidden from view (concealed)? Like in a holster snapped with a towel or newspaper over it?
dont confuse 790.06 which gives only CWFL holders the ability to carry on or about as long as it is concealed with 790.25 which applies to everyone even those w/o a CWFL. Anyone can have in a snapped holster only a CWFL holder can have it anywhere (with in reach) as long as its covered.
Thats why he said "if you have a concealed permit, you can have a firearm in a vehicle in any or all of these carry methods."
so the last part of your statement "that I can still carry it next to me between the seat and console as long as it is hidden from view (concealed)? Like in a holster snapped with a towel or newspaper over it?"
yes you can but you dont have to do both of the last two sentences together.
This: that I can still carry it next to me between the seat and console as long as it is hidden from view (concealed)? Applies only to CWFL holders.
This:
Like in a holster snapped with a towel or newspaper over it?"
can be done by anyone to include non CWFL holders.
If you choose to do both (have it covered and in a holster) you can but as I just posted, as a CWFL you only need to do one.
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