Posted: 3/27/2011 9:01:58 PM EDT
| This may be a stupid question and as I have been away from guns since long before I moved to this state I am still ignorant as to some of the laws. I have been told by a couple people that compensators such as the Battle comp are illegal to use in florida. Is there anyone here who can set me straight on that? |
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This may be a stupid question and as I have been away from guns since long before I moved to this state I am still ignorant as to some of the laws. I have been told by a couple people that compensators such as the Battle comp are illegal to use in florida. Is there anyone here who can set me straight on that? Ask those people to show you where the law says that. Most people run their mouths but have no clue. |
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There is no "3 step rule" either.  I just so happen to carry a copy of that peice of legislation in my wallet, cops where I live tend to get a little upset when they see a loaded .45 in my passenger seat. They don't seem to understand that the holster is "securly encased". A week after buying the gun I got pulled over the cop saw my gun sitting there and then I was lucky enough to get a good veiw of the wrong side of a glock barrel. It's not as much fun as you may think, even when there is a badge on the other side of the gun. Once his supervisor showed up and explained the laws to him, they took the cuffs off me and let me be on my way. Now I have it printed out in my wallet. |
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There is no "3 step rule" either. After hearing this so many times that I stopped counting - I realized where it came from. Some firearm/carry instructor wanted to condense the statute and REALLY liked Lynrd - and thus, the three step rule was born into a world of wrongness. |
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Could a loaded rifle legally be in a case on the seat next to you? As far as I can tell the below laws are still current, I should have made them clickable links but I'm lazy. Be careful though as some police will try to claim that it has to be " securely encased AND is otherwise not readily accessible for immediate use Readily accessible for immediate use", where as the law states "securely encased OR is otherwise not readily accessible for immediate use". If they see it as an AND instead of an OR they will assume they have the right to take you to jail at which point then the judge should read the OR in the law. I would worry about that with some of the liberal judges we have who think they get to rewrite laws from the bench. Either way I am no lawyer but I tend to take the chance. So my .45 is in a holster or plastic case (depending on the day) sitting in the passenger seat. http://archive.flsenate.gov/statutes/index.cfm?m&App_Mode=Display_Statute&Search_String=&URL=Ch0790/Sec25.htm&StatuteYear=2005 (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. http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2008->Ch0790->Section%20001#0790.001 (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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Could a loaded rifle legally be in a case on the seat next to you? As far as I can tell the below laws are still current, I should have made them clickable links but I'm lazy. Be careful though as some police will try to claim that it has to be " securely encased AND is otherwise not readily accessible for immediate use Readily accessible for immediate use", where as the law states "securely encased OR is otherwise not readily accessible for immediate use". If they see it as an AND instead of an OR they will assume they have the right to take you to jail at which point then the judge should read the OR in the law. I would worry about that with some of the liberal judges we have who think they get to rewrite laws from the bench. Either way I am no lawyer but I tend to take the chance. So my .45 is in a holster or plastic case (depending on the day) sitting in the passenger seat. http://archive.flsenate.gov/statutes/index.cfm?m&App_Mode=Display_Statute&Search_String=&URL=Ch0790/Sec25.htm&StatuteYear=2005 (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. http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2008->Ch0790->Section%20001#0790.001 (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. Highlights in red. I believe you can have a loaded rifle in the vehicle no problem. |
| Wow, I completly missed the RIFLE part in his question. At work and had my mind on other things I guess. I had noticed that part and asked a couple local cops, of course they told me no weapon can be loaded in your vehicle and I didn't want to debate that so I let it go. Doesn't seem like it would be worth the risk in my opinion. Of course, an unloaded firearm is a worthless firearm. |