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Posted: 11/19/2015 8:15:47 AM EDT
I'm considering keeping an AR-15 in the cab of my truck, secured only by a locking bracket device something like this:
 It would be plainly visible to a LEO looking inside the vehicle. I know that here in Florida the law allows for firearms in vehicles, but the statute 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; What are you thoughts about whether the locking bracket meets the requirement for 'securely encased?' |
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Posted: 11/19/2015 9:08:37 AM EDT
[#1]
790.01(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.
It seems a little ambiguous to me. |
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Posted: 11/19/2015 9:13:59 AM EDT
[#2]
I used to live in Florida. At that time there had to be a 3 step process to make the weapon ready to fire.
For instance, open glove box, remove gun, insert mag. Good luck finding out for sure. |
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Posted: 11/19/2015 11:55:51 AM EDT
[#3]
Unless your truck is never leaving your private property, I can pretty much assure you that the above pic will not meet the definition of "securely encased." If you get pulled over, you are going to be fucked with. If you want ready access to an AR in your truck, check out the DU-HA truck boxes.
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Posted: 11/19/2015 11:58:13 AM EDT
[#4]
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Posted: 11/19/2015 12:03:39 PM EDT
[#5]
Quote HistoryQuoted: I used to live in Florida. At that time there had to be a 3 step process to make the weapon ready to fire. For instance, open glove box, remove gun, insert mag. Good luck finding out for sure. Nope. Myth. Never existed in law. |
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Posted: 11/19/2015 12:04:31 PM EDT
[#6]
Quote HistoryQuoted:
790.01(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. It seems a little ambiguous to me. This, not really ambiguous but read the statute on reckless display too. That being said...I don't know that a rack like that is considered secure for purposes of the law. The encased parts means that it can't be fired while it is "encased". If you can pull the trigger while it is locked in that rack then it is not encased. According to the FL law, if you have a pistol in a snapped holster that covers the trigger guard, you can throw it under your seat and it is considered "encased" per the law. If you have it in a holster that lets you insert your finger into the trigger then it is not.... If you have a permit then you can throw a unholstered gun under your seat, or conceal on your person or sit on it...and you're good.... |
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Posted: 11/19/2015 12:33:51 PM EDT
[#7]
IIRC, this only applies to pistols and not long guns.
If you're on FB, jump onto the Florida Carry group page and ask. Their attorneys will give you the answer you seek. And if you're not a member: http://www.floridacarry.org |
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Posted: 11/20/2015 4:21:48 PM EDT
[#8]
Quote HistoryQuoted: Nope. Myth. Never existed in law. Quote HistoryQuoted: Quoted: I used to live in Florida. At that time there had to be a 3 step process to make the weapon ready to fire. For instance, open glove box, remove gun, insert mag. Good luck finding out for sure. Nope. Myth. Never existed in law. True. |
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Posted: 11/20/2015 4:22:03 PM EDT
[#9]
Quote HistoryQuoted: IIRC, this only applies to pistols and not long guns. If you're on FB, jump onto the Florida Carry group page and ask. Their attorneys will give you the answer you seek. And if you're not a member: http://www.floridacarry.org Thank you. |
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Posted: 11/20/2015 4:28:45 PM EDT
[#10]
Quote HistoryQuoted: This, not really ambiguous but read the statute on reckless display too. That being said...I don't know that a rack like that is considered secure for purposes of the law. The encased parts means that it can't be fired while it is "encased". If you can pull the trigger while it is locked in that rack then it is not encased. According to the FL law, if you have a pistol in a snapped holster that covers the trigger guard, you can throw it under your seat and it is considered "encased" per the law. If you have it in a holster that lets you insert your finger into the trigger then it is not.... If you have a permit then you can throw a unholstered gun under your seat, or conceal on your person or sit on it...and you're good.... Quote HistoryQuoted: Quoted: 790.01(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. It seems a little ambiguous to me. This, not really ambiguous but read the statute on reckless display too. That being said...I don't know that a rack like that is considered secure for purposes of the law. The encased parts means that it can't be fired while it is "encased". If you can pull the trigger while it is locked in that rack then it is not encased. According to the FL law, if you have a pistol in a snapped holster that covers the trigger guard, you can throw it under your seat and it is considered "encased" per the law. If you have it in a holster that lets you insert your finger into the trigger then it is not.... If you have a permit then you can throw a unholstered gun under your seat, or conceal on your person or sit on it...and you're good.... This is where I'm having the disconnect. The law doesn't say that a 'gun case' has to enclose the entire gun (or does the word 'case' imply full coverage?) I would think that the law intends for the gun to be secured and not able to be fired without some sort of action other than operating the mechanical functions of the gun - taking it out of a holster, or unlocking a bracket before being able to access the trigger. Your point about reckless display is well taken. One could argue that if secured to the roof above the rear window in a cab with legally dark-tinted rear windows, that the gun is not being 'displayed.' The problem is that one would probably have to argue that in court, which I certainly don't want to do. |
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Posted: 11/20/2015 6:46:26 PM EDT
[#11]
Are your trunk windows tinted? Because that setup might attract someone to break in.
Matt |
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Posted: 11/20/2015 6:59:20 PM EDT
[#12]
Quote HistoryQuoted: I used to live in Florida. At that time there had to be a 3 step process to make the weapon ready to fire. For instance, open glove box, remove gun, insert mag. Good luck finding out for sure. |
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Posted: 11/22/2015 9:24:20 AM EDT
[#13]
Quote HistoryQuoted: Are your trunk windows tinted? Because that setup might attract someone to break in. Matt  Still, the gun could be seen from the front if someone were really looking.I'm beginning to see that this kind of setup would not be tactically advantageous enough to overcome the 'invite the man' aspect. I can't put a rifle under the rear seat (like with a DU-HA box, because my after-market stereo gear takes up all the room.) |
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Posted: 12/7/2015 2:27:05 PM EDT
[#14]
OK, so I've decided to keep a 7.5" AR pistol in my truck. I can't put it under the seat. I need to secure it.
Any ideas? |
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Posted: 12/7/2015 2:53:47 PM EDT
[#15]
Zippered case or bag of some sort. That meets the State's definition of securely encased.
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Posted: 12/7/2015 3:01:01 PM EDT
[#16]
Quote HistoryQuoted: Zippered case or bag of some sort. That meets the State's definition of securely encased. I suppose I could carry in and out of the house with me every time I get in the truck. Not ideal, but maybe it will have to do. |
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Posted: 12/18/2015 7:07:42 PM EDT
[#17]
Looking of 'loopholes' in laws for firearm handling is a good way to loose your right to own a firearm.
You are required to obey both Federal and STATE laws. |
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