Legal to wear holster without having firearm on you? [Archive] - Glock Talk

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passive101
07-14-2007, 11:45
I'm trying to get used to this holster which shoves itself into my side. Can I legally be wearing a holster when I'm out and about if I have my glock in the glove box of my car?

Doing errands around town. Getting a box at mail boxes etc, getting some groceries, etc?

rich52us
07-14-2007, 12:04
Originally posted by passive101
I'm trying to get used to this holster which shoves itself into my side. Can I legally be wearing a holster when I'm out and about if I have my glock in the glove box of my car?

Doing errands around town. Getting a box at mail boxes etc, getting some groceries, etc?

Holsters are no regulated. It is not illegal to wear a holster.

passive101
07-14-2007, 13:30
Awesome thanks.

cocked@locked
07-14-2007, 13:45
I never seen someone in the slam for that. firearms are regulated by law not holsters, you will be fine.

DonQ
07-14-2007, 15:17
CARRY YOUR GUN!!!!...

passive101
07-14-2007, 15:46
I do not yet have a ccw permit. I was not allowed to receive one from a live scan so I'm going to send in a regular ink print which will take 3 months. It will be a wait but till worth it.

NC Bullseye
07-14-2007, 23:39
Gotta have SOME place to put that twinkie while you open the door with a cup of coffee..... :banana:

rvrctyrngr
07-15-2007, 08:23
Originally posted by passive101
I'm trying to get used to this holster which shoves itself into my side. Can I legally be wearing a holster when I'm out and about if I have my glock in the glove box of my car?

Doing errands around town. Getting a box at mail boxes etc, getting some groceries, etc?

Why would you want to?

passive101
07-15-2007, 12:24
I've never used a holster before and was wondering how uncomfortable it would be to sit in a car and if my shirt would snag on the holster when I got up etc.


No issues at walmart (but I only had a holster)

rich52us
07-15-2007, 12:28
Passive, be aware that it will still feel very different with the bulk and weight of your CCW in the holster. It takes up more space and has more potential to snag or print than just a holster. I understand what you're trying to do, but I'm not sure it really accomplishes very much.

Skyhook
07-15-2007, 12:29
Funny thread.

Actually, I induced an anxiety crisis in a female customer at a FBO at a local airport just by having my beltslide Bianchi on. Yep, she went off-scale because I had an empty holster.

Of course, this is NYS and she was from the Manhattan Project.:upeyes:

rvrctyrngr
07-15-2007, 14:39
Originally posted by passive101
I've never used a holster before and was wondering how uncomfortable it would be to sit in a car and if my shirt would snag on the holster when I got up etc.


No issues at walmart (but I only had a holster)

Gotcha. That's one of the reasons I tend to prefer paddle holsters. My gun isn't worth much to me if I can't reach it when I'm in the car. The paddle holsters I use allow a slight adjustment forward that gives access while seated. Just slide it back when exiting the vehicle.

passive101
07-15-2007, 14:49
I have a CTAC and it is quite hard to move the holster. It holds on with plastic hooks on both sides.

rvrctyrngr
07-15-2007, 16:55
Originally posted by passive101
I have a CTAC and it is quite hard to move the holster.

No Kidding! Just takes some experimentation to find what truly fits your particular needs.

Grimsi
07-15-2007, 23:56
Originally posted by passive101
Awesome thanks.


Whoooo dude, knarly!

Floodster
07-22-2007, 16:01
Be careful with that empty holster. It DOES signal to others that you might have a weapon near your person. Why else would you have an empty holster?

Could get you into trouble if "The Law" wants to search your car "on the premises" as he now has probable cause that you have a firearm. Consider the USPS. A gun in your car is STILL on prohibited "gun property" if you're in their parking lot. Same with federal or other "off limits" places...

Gmountain
07-22-2007, 17:53
Originally posted by Floodster
Be careful with that empty holster. It DOES signal to others that you might have a weapon near your person. Why else would you have an empty holster?

Could get you into trouble if "The Law" wants to search your car "on the premises" as he now has probable cause that you have a firearm.

Probable cause of what? There has to probable cause of some crime. What crime are you referring to?

passive101
07-22-2007, 20:01
I'm not one that tries to break the law. I have a clean driving record. Nothing on it in the last 6 years plus.

rvrctyrngr
07-23-2007, 09:05
Originally posted by Floodster
Could get you into trouble if "The Law" wants to search your car "on the premises" as he now has probable cause that you have a firearm.

Ummmm....having a gun is not a crime. "The Law" would need a tad bit more than an empty holster noticed on a belt to have enough 'reasonable suspicion' to effect a search.

I'll leave the USPS stuff alone...been beaten to death.

Floodster
07-23-2007, 09:53
Originally posted by Gmountain
Probable cause of what? There has to probable cause of some crime. What crime are you referring to?

Having a firearm where you're not allowed to. :upeyes:

I could walk around all day with an empty crack pipe hanging out of my mouth...and I would EXPECT some questions/harrassment, too. :upeyes:

najaboy
07-23-2007, 16:09
Originally posted by Floodster
Having a firearm where you're not allowed to. :upeyes:

I could walk around all day with an empty crack pipe hanging out of my mouth...and I would EXPECT some questions/harrassment, too. :upeyes:
That's an apples and oranges argument, as possession of a holster is not illegal. In the case of the crack pipe, you would be committing a crime and would then be subject to search incident to arrest.

The wearing of a holster would not constitute probable cause for a search. What it might trigger is reasonable suspicion, which is not grounds for a vehicle search.

packinaglock
07-26-2007, 19:30
It's not a Firearm

DaScotsman
07-26-2007, 19:34
When they outlaw the holsters, only the Outlaws will have them...

/sorry... had to :rofl:

Minuteman
07-26-2007, 20:27
It would be sufficient to cause a "Terry" frisk, but it is not PC for a search of trunk or baggage.

It just seems kind of silly.

:patriot:

Glockanatorrrrr
07-27-2007, 20:17
Why would you carry your holster without a gun? Do photograhers carry a camera case without a camera? Spurs without boots? I think this is a silly thread. But Yes you can but why would you?

FLGlock30
07-28-2007, 09:48
passive... I have a ctac for my G-19 and g-30. If you are trying to become more comfortable carrying...do it at home. Nothing in the Law preventing to carry at home/garage. get in and out of your car as much as you want. Up and down off the couch. The ctac is nice since it is fully adjustable. You can excpect some sarcastic remarks about carrying a empty holster. Its just as bad as having your ccw no cocked and ready, some argue the paperweight theroy. just my $0.02 I understand where you are coming from.

passive101
07-28-2007, 10:34
I have been doing that. In fact I am getting more comfortable with it. Maybe this is one of the reasons it takes a while to get a permit. Lets you have time to get gear and try it out? j/k I'm sure it's not.

As far as I can tell from reading the posts and the law there is nothing wrong with it. So I conceal around the house and just put the gun unchambered with a loaded mag in it and take it to the car with me. When I get to the car I take the gun out of the laptop bag and place it in my glove box still wearing the holster :)

Blitzer
07-28-2007, 10:58
Originally posted by passive101
I'm trying to get used to this holster which shoves itself into my side. Can I legally be wearing a holster when I'm out and about if I have my glock in the glove box of my car?

Doing errands around town. Getting a box at mail boxes etc, getting some groceries, etc?

I.M.O./E.:

Find a new holster, if it digs into your side it is either poorly designed and constructed or in the wrong place.

:shocked:

itsnitro
08-05-2007, 06:10
Originally posted by Floodster
Be careful with that empty holster. It DOES signal to others that you might have a weapon near your person. Why else would you have an empty holster?

Could get you into trouble if "The Law" wants to search your car "on the premises" as he now has probable cause that you have a firearm. Consider the USPS. A gun in your car is STILL on prohibited "gun property" if you're in their parking lot. Same with federal or other "off limits" places...

You might want to re-read the FL weapons laws:

790.06(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any area vocational-technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Nothing about premises....unless other wise stated at a location such as a police dept, court house or school...etc...
For me personally, if it isn't a governemnt building or the primary sales aren't alcoholic beverages, I am carrying. If fact, I work for a local department, I'm not an LEO, but I bring my gun to work, I leave it in my vehicle locked up, but it's with me for that ride to and from work... Just my .02

passive101
08-05-2007, 13:35
From how I read it if they did something because of an empty holster and there is no weapon that could be a violation of my civil rights.

The holster is not visible anyways though.

najaboy
08-05-2007, 16:21
Originally posted by passive101
From how I read it if they did something because of an empty holster and there is no weapon that could be a violation of my civil rights.

The holster is not visible anyways though.
Not necessarily. A Terry frisk would be considered legal. Anything beyond that would not be.

RIPPED
08-15-2007, 07:40
i though i did two nonos the other day.. #1 walked intothe bank to cash a check and make a deposit standing in line i realized i was ccw.. i often forget the 23 is even there its so comfy.. then "the big nono" walked into a usps to mail off a package while talking to the clerk i was like oh snap.. i didnt say anything, noone noticed ,i need to pay more attention to the fact that im carrying. lol although as Florida law is written it is not illegal to enter a bank with a ccw.. just though id share my oops for the week while ya`ll were on the subject...

Gmountain
08-15-2007, 09:27
Originally posted by RIPPED
i though i did two nonos the other day.. #1 walked intothe bank to cash a check and make a deposit standing in line i realized i was ccw..

That is perfectly legal.

RIPPED
08-15-2007, 09:46
i realized that for sure after getting home later that day. just one of the places you would initially think would have been barred by law.. but all in all i guess it was a good day to say , "at least i dont print" :)

najaboy
08-17-2007, 13:30
Originally posted by RIPPED
i though i did two nonos the other day.. #1 walked intothe bank to cash a check and make a deposit standing in line i realized i was ccw.. i often forget the 23 is even there its so comfy.. then "the big nono" walked into a usps to mail off a package while talking to the clerk i was like oh snap.. i didnt say anything, noone noticed ,i need to pay more attention to the fact that im carrying. lol although as Florida law is written it is not illegal to enter a bank with a ccw.. just though id share my oops for the week while ya`ll were on the subject...
Actually, USPS isn't quite as big of a "no-no." While it is illegal, the penalty imposed by the Feds is limited to a maximum of 30 days and/or a $50 fine.

On the other hand, if you carry into a place that the state of FL has placed off-limits, such as the non-sterile area of an airport terminal, the maximum penalty is 60 days and/or a $500 fine.

Of course, it could also be argued that the state could themselves prosecute carry on USPS property as a misdemeanor of the second degree, as 790.06 also prohibits carry "any place where the carrying of firearms is prohibited by federal law."