Handgun in vehicle, legal in Florida?

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Just curious. Why would you insist on violating the 4th amendment? What reasonable articulable suspicion is there for ASSUMING that a gun MAY be stolen just because it is in the legal possession of a person not prohibited from possessing it? I find it outrageous that a police agency would have a policy like that. Without RAS that the gun is illegal it is also illegal to check it.
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I was stopped for speeding by a county deputy. I informed the deputy that I had a CCW, that I was armed and where the firearm was located. The deputy and his partner removed me from my car, removed the handgun, searched me for other weapons (where they removed two knives). They unloaded my handgun and ran the serial number against their list of stolen firearms. After everything checked out, they wrote me a ticket, handed back all of my weapons and let me go.

Since that time, I do not volunteer to LEOs that I am armed.
 
Hkmp5sd said:
I was stopped for speeding by a county deputy. I informed the deputy that I had a CCW, that I was armed and where the firearm was located. The deputy and his partner removed me from my car, removed the handgun, searched me for other weapons (where they removed two knives). They unloaded my handgun and ran the serial number against their list of stolen firearms. After everything checked out, they wrote me a ticket, handed back all of my weapons and let me go.

Since that time, I do not volunteer to LEOs that I am armed.
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Yep, they violated your 4th amendment rights straight up. They had no RAS that your lawfully carried firearm was stolen, and therefore it was an illegal search for evidence of a crime by running the serial number of the gun. If you had the money, you would probably have a pretty good civil rights case against them, IF you had proof they actually called the serial number in. That would be the tough part - obtaining proof that they did it that would stand up in court.

Police that so readily violate persons rights as a matter of routine really leave a bad taste with me.

BTW - consider this. When you get pulled over and the cop asks you if you know why you were being stopped or asks if you know how fast your were going - they are asking you to provide information against your 5th amendment rights to not incriminate yourself. The easiest answer is, "No, officer I do not." If you really want to be completely within your rights, you can also state that you are invoking your 5th amendment right against self incrimination.
 
The State of Florida has a web site dedicated to Handgun laws. Doesn't take much to find it and answer the question direct from the horse's mouth. Don't take a chance because someone told you something on an internet forum...wonder how that would hold up in a court of law?
 
your vehicle is considered an extension of your home and you can legally carry your firearm on your person you just can't get out of the car with it on your person unless you have an CCW
 
your vehicle is considered an extension of your home and you can legally carry your firearm on your person you just can't get out of the car with it on your person unless you have an CCW
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The exact wording of the law has been posted and it does not support your statement. Statements by former law enforcement officers have been posted and they do not support your statement. I have been teaching the state CCW course for over 20 years and I am not aware of anything that allows what you state.

Can you post a link to a Florida law that allows unlicensed concealed carry inside a motor vehicle by overriding 790.25 (5) POSSESSION IN PRIVATE CONVEYANCE?
 
Hkmp5sd said:
Can you post a link to a Florida law that allows unlicensed concealed carry inside a motor vehicle by overriding 790.25 (5) POSSESSION IN PRIVATE CONVEYANCE?
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I am putting my money on NO being the answer to that question! You'll probably get a response back from shottas69 as soon as I get a response from louiethelump!
 
(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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In the glove box or console, no holster required as it is encased. Under the seat may need a holster or case but I am not positive.
On the person is only legal with a permit.

There you go...
Brent
 
your vehicle is considered an extension of your home and you can legally carry your firearm on your person you just can't get out of the car with it on your person unless you have an CCW
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As usual advice given and not being correct. The above statement is a felony.
hogdogs, you are correct except for the under the seat which is a no-no. Placing it there is NOT encasing it. Placing it in a holster under the seat does nothing in trying to comply with the law.
With regard to the above quote, what would you do if stopped by LE and asked to step out of the car without the CCW? Easy answer, YOU ARE SCREWED!!!!!!!!!!!!!!! and off to the gray bar hotel.
 
Under the seat in a holster is okay unless you can cite a reason why it isn't... As for the "on your person" part... it plainly says that if you are not a CCWP holder, you are absolutely "NOT" allowed to have the firearm on your person in ANY state of readiness! If the firearm is holstered or stored in a "cubby" like the glove box or console, it may be loaded and even have one in the pipe. No more 3 thru 5 steps (heard both) to ready to fire. Now all you have to do is open a container like the G-box or console to draw or slip the arm from a holster.... This is 100% related to allowing a florida citizen the right and capacity to avoid mugging on the low end and carjacking/murder on the high end.
Brent
 
I stand corrected on the under the seat. This is what I found quoting it from the Florida Firearms law, Use & Ownership.
Anywhere you want EXCEPT on your person. It can even be under the seat -- as long as it's securely encased in a container or box with a closed lid; or a zippered, snapped, or Velcro-closed pouch, holster, or gun case.
 
Anywhere in the vehicle, as long as it is securely encased. That includes a zippered case, a bag, box, enclosure, or conatiner as long as that enclosure has a lid, strap, clasp, zipper, snap, flap or some other device that must be operated in some fashion to gain access to the weapon. A holster with a snapped retention strap fits this rule, as long as the weapon is concealed and NOT on the person. A shoe box with a lid fits the legal rule. see Alexander v State, 477 So.2d 577(Fla 1985), also Urquiola v State, 590 So. 2d 497 (Fla. 3DCA 1991).

In Alexander, the Florida Supreme court ruled that a man with a gun in a zippered pouch in his car was not in violation of the law, even though there were other items in the pouch other than a firearm, and the man had unzipped and opened the pouch several times in the presence of a police officer.

Also, there is not, nor has there ever been, a two, three, four or five step rule in the State of Florida. see Watson v Stone, 4 So.2d 700 (Fla. 1941)
 
The vehicle is not a extension of the home.

This is a hearsay that became a urban legend.

A judge once told me;

"If a vehicle is a extension of the home, why is it that it has to have a separate insurance policy once it leaves the property?"

"There is a difference between obtaining a warrant to search a home, and a officer searching a vehicle under "Probable Cause", which does not require a warrant."

"The law and the enforcement of carrying a loaded forearm in a vehicle differs from state to state, as it is a concern for public safety."

He went on jokingly;

"Why do you need a official documentation, such as DL, registration, proof of insurance always at hand in the vehicle and not so in your home?"

"Why is it legal to have sex, drink, and be naked in your home and not in your vehicle?"
 
Brasscatcher84 said:
When in doubt, call the state police/highway patrol and ask. They will tell you.
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They will tell you what they believe to be correct, but in high probability will not be what the law is, it will simply be how they enforce it. Unless the department has a really good training department, ask four different cops what the law is for carrying firearms and you are likely to get four different answers.

Many people on this forum will agree that it is a bad idea to ask cops what the firearms laws are.
 
Many people on this forum will agree that it is a bad idea to ask cops what the firearms laws are.
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Very good answer Brownshoe. I've found that many cops have a fuzzy knowledge of firearms laws at best. In fact, there are lots of serious gun packers that keep a copy of the actual laws in their vehicle just in case they run across one of these "uneducated" LEOs.
 
Think it has to be in a holster with a strap over it , cause of the way people drive in South Florida.
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This is as bad as it gets. TOTAL BULL****

So, If I have a CCW Permit I can carry the gun on my waist in a Holster in the car,or Truck in my case. Is this Correct?
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Yes (BUT) as long as it is CONCEALED. If it can be seen you are open carring and that is NOT permited. Felony!
 
Sorry to dig up an old thread! I found this very informative thread, and is consistent with what I read as far as Florida laws pertaining to Personal conveyance.

I do have a question for the legal eagles out there. I would never willingly tell an officer if stopped about a handgun in my glovebox. I can legally own it, and it is my right under the law. My registration and insurance documents are located elsewhere. However, what if he asks? It seems there might be some gray area there, as it pertains to my civil rights. I haven't gotten pulled over in 20 years, but don't they ask if you have weapons, alchohol, or drugs in the car? Pardon my ignorance if I am way off.
 
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