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9/23/2020 3:47:02 PM
Posted: 5/29/2010 4:16:47 PM EDT
[Last Edit: 5/29/2010 4:17:36 PM EDT by Liberation]
I know you're allowed in FL to keep your firearm in a vehicle as long as it's securely encased, I am bringing my 1911 to my trip to ST Augustine tonight, driving all night/spending the day there, and I will be keeping my handgun in my bag which will be staying in the vehicle.

I know it's not a 100% answerable question as it's officer discretion and sometimes cops don't like civvies with firearms, but if an officer were to stop me, and ask, would I get in trouble for having it stored in my backpack, in the back seat?

I am 20 so there is a no go on the going concealed, but I rather have something in the vehicle since we will be out tonight and far from home.
Link Posted: 5/29/2010 4:25:43 PM EDT
[Last Edit: 5/29/2010 4:28:35 PM EDT by ReefRaider]
You being 20 I'm not to sure.  Someone should be along soon that might know more
As for the way you want to have it in your car that would seem to be with in the law.  You should however inform the LEO that its there should he ask if you have any fire arms in the car.  That much I do know.
Link Posted: 5/29/2010 5:19:42 PM EDT
Link Posted: 5/29/2010 6:03:50 PM EDT
[Last Edit: 5/29/2010 6:04:58 PM EDT by kilo905]
Originally Posted By Liberation:

I know it's not a 100% answerable question as it's officer discretion and sometimes cops don't like civvies with firearms, but if an officer were to stop me, and ask, would I get in trouble for having it stored in my backpack, in the back seat?

No, it's not the officer's discretion. Your age is irrelevant. Case law strongly supports the lawful carry of a firearm in a backpack on the back seat. Officer's discretion would be to pull you and/or the backpack out of the car if you are stopped, not whether to arrest you or not for a lawful act.

Keep in mind that while FHP and most large agencies should be current, my experience is that smaller agencies are not always up to date on current laws for a variety of reasons. Many cops still believe you cannot posses a pistol if you are under 21 YOA, This probably comes from stories of having parents buy their pistol for them when they were in the academy at 19 YOA. Same thing with the "three-steps" bullshit. Print out FS 790.25 as well as the definitions for that chapter and keep them with you. If it becomes an issue, just advise them that you stopped by your local PD and they explained to you it was lawful. This is why it pays to seek out a firearms friendly local cop and make friends with him. You may not beat the ride, but I can assure you that you will beat the rap.

PS: Don't leave the backpack where it is visible and will get stolen after they smash your window.

Link Posted: 5/30/2010 5:49:06 AM EDT
[Last Edit: 5/30/2010 1:00:45 PM EDT by AK47CBR]
Securely encased. I'd leave it in the glove box as that is stated in the statute. If the glove box locks that would be better than a bag. Ask me how I know.

Link Posted: 6/1/2010 1:45:21 PM EDT
I'd put it in the glove box.

A back pack is a rich target for a smash and grab.
Link Posted: 6/1/2010 7:53:06 PM EDT
Center console, yo.
Link Posted: 6/1/2010 8:24:07 PM EDT
get one of those lock boxes for 35 bucks with a metal wire
I picked up 3 for 105 bucks and it fits my G17 with 2 extra mags no problem
A lot of people get their cars broken into and guns stolen

BTW What does you care look like
Link Posted: 6/1/2010 9:25:15 PM EDT
It is my understanding that FL law is Securely Encased OR Not Readly Accessible. If the gun is in a case, its legal under securely encased. If the gun is in the trunk next to the spare tire, its legal under not readly accessible.

And again as the other person commented: age has no relevance here.
Link Posted: 6/2/2010 7:09:36 AM EDT
(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.

(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.

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