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9/22/2017 12:11:25 AM
Posted: 8/4/2005 6:06:04 PM EDT
Okay- LEs I need your help on this one. I have always heard about the three step rule being the law for carrying a concealed pistol in your car; however, I have been hearing that "securely encased" (ie in a snapped holster in a closed center console or glove box) is the rule. What is the truth here? Thanks.
Link Posted: 8/4/2005 6:20:13 PM EDT
[Last Edit: 8/4/2005 6:21:16 PM EDT by MormonComputerZ]
No such thing as a "3-Step Rule" in Florida.

790.25 (5)(5) Lawful Ownership, Possession, and Use of Firearms and Other Weapons

It is not necessary to have a license or permit to carry a loaded firearm in a private vehicle, so long as the gun is "securely encased". Florida law defines a weapon as being securely encased if the firearm is in a glove compartment, whether or not locked, in a snapped holster (not worn on your body!), in a zippered gun case or in a box or other container that requires a lid or cover to be lifted or opened in order to gain access to the firearm. These restrictions do not apply to any person who holds a valid Florida Concealed Weapon License or a reciprocal state license/permit.

Florida law allows any person who can legally own a firearm to carry it in his/her vehicle without a license or permit, even loaded, so long as it is "securely encased" and "not accessible for immediate use" (and the statute plainly states that simply placing the firearm in an unlocked glove compartment or briefcase is sufficient, for example).
Link Posted: 8/4/2005 6:40:02 PM EDT
[Last Edit: 8/4/2005 6:40:55 PM EDT by AZATHOTH777]

Originally Posted By LoganKA:
Okay- LEs I need your help on this one. I have always heard about the three step rule being the law for carrying a concealed pistol in your car; however, I have been hearing that "securely encased" (ie in a snapped holster in a closed center console or glove box) is the rule. What is the truth here? Thanks.



in fla.(w/o a ccw permit) it must meet 2 requirments 1 not readly acessible(damn i cant spell today) as if on your person ie door pocket, center consol, under seat (NOT ok). 2 securly encased. ie some type of closible container, box, bag, whatever(not needed to be locked). and the law does NOT state loaded OR unloaded. ie loaded ok. ideal: glove box loaded (if your door closes) this is fla. law your county may add things for (public/officer safty) remember if it aint loaded its a $$$$$$$ hammer. a ccw inst. in sw fla.

ps the 3 step thing never egisted(sp?) a farce that everyone ran with, like bigfoot...
Link Posted: 8/4/2005 7:23:14 PM EDT
Link Posted: 8/4/2005 8:36:46 PM EDT
Thanks Everybody
Link Posted: 8/5/2005 6:48:01 AM EDT
[Last Edit: 8/5/2005 7:02:13 AM EDT by tgc]

Originally Posted By MormonComputerZ:
No such thing as a "3-Step Rule" in Florida.

790.25 (5)(5) Lawful Ownership, Possession, and Use of Firearms and Other Weapons

It is not necessary to have a license or permit to carry a loaded firearm in a private vehicle, so long as the gun is "securely encased". Florida law defines a weapon as being securely encased if the firearm is in a glove compartment, whether or not locked, in a snapped holster (not worn on your body!), in a zippered gun case or in a box or other container that requires a lid or cover to be lifted or opened in order to gain access to the firearm. These restrictions do not apply to any person who holds a valid Florida Concealed Weapon License or a reciprocal state license/permit.



Even if you have a CCW the pistol has to be securely encased, correct? Can't just have your 1911 sticking tube first in your cupholder.

Whats the law on long guns? Especially in SUVs that don't have trunks.

ETA: Answered that long gun question myself from the link provided.

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.
Link Posted: 8/5/2005 1:12:21 PM EDT
Link Posted: 8/6/2005 2:18:08 PM EDT

Originally Posted By Aim4MyHead:

Originally Posted By tgc:


It is not necessary to have a license or permit to carry a loaded firearm in a private vehicle, so long as the gun is "securely encased". Florida law defines a weapon as being securely encased if the firearm is in a glove compartment, whether or not locked, in a snapped holster (not worn on your body!), in a zippered gun case or in a box or other container that requires a lid or cover to be lifted or opened in order to gain access to the firearm. These restrictions do not apply to any person who holds a valid Florida Concealed Weapon License or a reciprocal state license/permit.



Even if you have a CCW the pistol has to be securely encased, correct? Can't just have your 1911 sticking tube first in your cupholder.



the gun must be concealed. Thats why it's called a CONCEALED weapons permit.


J



Basically, yup. Just can't be in plain view.
Link Posted: 8/7/2005 9:09:24 PM EDT
[Last Edit: 8/7/2005 9:11:20 PM EDT by WildBoar]

Originally Posted By Aim4MyHead:
They are correct.. There is no 3 step law.. it's bullshit. Securely encased is the law. Chamber a round, toss it in the glove box and that's legal... It's pretty simple.


J



Make sure its closed.

Also not readily accesible. If you have a pick up truck with no back seat. You can have rifle behind the seat. Well used to. I need to see if anything changed in the last 12 years. TEchnically a fully loaded ready to go AR behind the folding drivers seat in a single cab pick up would be ok. Its not readily accesible.

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.
Link Posted: 8/7/2005 9:13:35 PM EDT

Originally Posted By ScrubJ:

Originally Posted By Aim4MyHead:

Originally Posted By tgc:


It is not necessary to have a license or permit to carry a loaded firearm in a private vehicle, so long as the gun is "securely encased". Florida law defines a weapon as being securely encased if the firearm is in a glove compartment, whether or not locked, in a snapped holster (not worn on your body!), in a zippered gun case or in a box or other container that requires a lid or cover to be lifted or opened in order to gain access to the firearm. These restrictions do not apply to any person who holds a valid Florida Concealed Weapon License or a reciprocal state license/permit.



Even if you have a CCW the pistol has to be securely encased, correct? Can't just have your 1911 sticking tube first in your cupholder.



the gun must be concealed. Thats why it's called a CONCEALED weapons permit.


J



Basically, yup. Just can't be in plain view.



Put a t shirt over it.
Link Posted: 8/8/2005 10:08:50 AM EDT
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.

So, as long as you're not out starting a killing spree or some other unlawful aim, you can keep a loaded rifle inside your car?
Link Posted: 8/8/2005 11:10:34 PM EDT

Originally Posted By Accomplice:
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.

So, as long as you're not out starting a killing spree or some other unlawful aim, you can keep a loaded rifle inside your car?



after the d.c. snipings, I wouldnt want to be found with one...can we say intent?
Link Posted: 8/9/2005 5:09:59 AM EDT
Link Posted: 8/9/2005 12:05:49 PM EDT
I recall a newspaper article several years ago about a case that went to the Fl Supreme Court on this. They said that the Legislature hadn't defined "securely encased" and that the State Police interpetation, in a holster, inside a closed compartment, couldn't be enforced.
Any update on this?
Link Posted: 8/10/2005 8:31:40 AM EDT

Originally Posted By Aim4MyHead:
Intent to do what ? Fl law still says you can have a loaded rifle in your car. If you wanted to tote an AR in a rifle case in the seat next to you or behind your seat that's legal.
When people start getting arrested for just having a loaded gun. It's time to move because we're all fucked.hinking.gif

J



I didnt mean in a case, I just meant loaded rifle sitting in plain view...
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