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According to the article, it wasn't concealed, therefore illegal.
 

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Discussion Starter #4
According to the article, it wasn't concealed, therefore illegal.
one of the other articles I saw on it said that it was under his seat and the grip was exposed. In NC that would probably get you a concealed charge if you don't have a ccl
 

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What's floridas transport laws? I'm not sure how having it between your feet could be open carry in your vehicle.
 

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one of the other articles I saw on it said that it was under his seat and the grip was exposed.
Don't you mean the "handle?" :rolleyes:
 

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one of the other articles I saw on it said that it was under his seat and the grip was exposed. In NC that would probably get you a concealed charge if you don't have a ccl


Yep. The grip was exposed. That's what makes it open carry. You don't have to see the whole thing...just enough to know it's there.


In NC, it would get you a concealed charge because it wasn't in plain obvious sight AND was in reach of the person. If it was under the far passenger side and slightly exposed - then legally, it would be okay. Same if it was under the back seat...can't be easliy accessed.
 

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Discussion Starter #8
Reading Fla. laws from what I get out of it if he had placed it in the glove compartment either locked or unlocked he would have been fine and it would not matter if he had a ccl or not so concealed in a car is legal without a permit but open carry is not.
 
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The firearm has to be completely concealed. If it had been on the seat next to him and just covered by a shirt or something, he would have been legal. BTW - Stowing a handgun under your seat is never a good idea. It can come forward and interfere with the brake or gas pedal.
 

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Here is part of the law for transporting in a vehicle:

Section 790.25(5), which deals specifically with possession in a private conveyance states that "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." (Emphasis added.)

Section 790.001(17) defines the term "securely encased" to mean "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."

The article did not indicate if the gun was in a holster or not and I assume it was not, which is why he is being charged.
 

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Discussion Starter #11
The firearm has to be completely concealed. If it had been on the seat next to him and just covered by a shirt or something, he would have been legal. BTW - Stowing a handgun under your seat is never a good idea. It can come forward and interfere with the brake or gas pedal.
I know its not a good idea to stow it under your seat but your (FLA) vehicle laws seem strange to me IE you can conceal with no license but you cant open even with a license Unless I am reading the following wrong

RV/Car Carry Without A Permit/License
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:
(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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It isn't so much the brief exposure of the grip but the gun was not "securely encased" under Fl. law. If the gun was in a glove box, center console, under the seat in a strapped holster, in a cardboard box with a lid, a purse with zipper, snap closure.

(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

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Definitions:
(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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I know its not a good idea to stow it under your seat but your (FLA) vehicle laws seem strange to me IE you can conceal with no license but you cant open even with a license Unless I am reading the following wrong

RV/Car Carry Without A Permit/License
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:
(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.
LOL...beat me to it!
 

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Discussion Starter #14
and would it be covered under the following in red mainly item # 2

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.053 Open carrying of weapons.—(1) Except as otherwise provided by law and in subsection
(2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06
(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:



 

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Discussion Starter #15
It isn't so much the brief exposure of the grip but the gun was not "securely encased" under Fl. law. If the gun was in a glove box, center console, under the seat in a strapped holster, in a cardboard box with a lid, a purse with zipper, snap closure.

(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

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Definitions:
(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.
You beat me on this one
And how about (in plain sight) inside a clear plastic box with a lid
 

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Here is part of the law for transporting in a vehicle:

Section 790.25(5), which deals specifically with possession in a private conveyance states that "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." (Emphasis added.)

Section 790.001(17) defines the term "securely encased" to mean "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."

The article did not indicate if the gun was in a holster or not and I assume it was not, which is why he is being charged.
\

This is the correct application of the law. If the gun had been in a holster with a thumb break or a strap, even though the grip was exposed it would be legal. It can be kept in the glove box, or in the console with the lid shut, on the seat in a case; and the case doesn't have to be locked or zipped as long as the gun is covered. If you have an unsecured firearm laying in the open, or partially laying in the open, in your vehicle you are not in compliance in the state of Florida..
 

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Whoa, whoa, whoa!
Too many people get 790.01 confused with concealed carry. At the end of the first paragraph it says: "without a license" It has to be securely encased, you could put it in an Igloo cooler if you wanted to.

As someone else said, if he had a cwl, he could have had it on the front seat, under a towel, although I wouldn't suggest it.
On a local forum about three years ago a member was selling a firearm and put it on the floorboard of the backseat of his truck(not accessible) got pulled over for speeding, told the cop where the gun was and promptly got arrested.
After huge sums of money, which forum members kicked in, he was found innocent. Remember, you may beat the rap, but you'll never beat the ride.
When an officer sees a gun accessible, especially today, they freak out. Also, as some here are doing, they get confused in the 790 statutes. Mostly that about your right to have a firearm, unlicensed. You have to look for verbage like "without a license" or with a "license"

One of the biggies with concealed carry in Florida is the statute states "on or about your person" You interpret that the way you wish. I say if he had a towel over it, he'd be innocent, not that he wouldn't be charged, mind you. After spending thousands of dollars and perhaps a night in jail, he be found innocent. I still think he may.
 

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Discussion Starter #19 (Edited)
\

This is the correct application of the law. If the gun had been in a holster with a thumb break or a strap, even though the grip was exposed it would be legal. It can be kept in the glove box, or in the console with the lid shut, on the seat in a case; and the case doesn't have to be locked or zipped as long as the gun is covered. If you have an unsecured firearm laying in the open, or partially laying in the open, in your vehicle you are not in compliance in the state of Florida..
I just find it another strange law and we also have our share of strange laws here in NC The fact that a non ccl holder can conceal in a car but that a ccl holder cant open carry in a car makes my head hurt. Can you open carry on private property?
 

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Discussion Starter #20
Here in NC locked in a glove box (even locked and gun unloaded) will get you the ride (unless you have a CHL) open on the seat good to go. partially hidden would be concealed a big no-no without a CHL
 
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