FL Gun vehicle Law [Archive] - Glock Talk

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RayRay23c
01-04-2009, 01:09
Question for you guys, i have a Blackhawk Serpa 2, and was wondering if this would qualify under the FL vehicle carry law as a "Snapped Holster"?

RustyShackelford
01-04-2009, 01:13
Not sure, but this forum thread (http://glocktalk.com/forums/showthread.php?t=637460) may be the better place to form your question....

Also, the Florida Glockers Club (http://glocktalk.com/forums/forumdisplay.php?f=126) forum is full of good advice and cool folk.

rvrctyrngr
01-04-2009, 19:33
Where are you planning on having the weapon/holster in your vehicle?

RayRay23c
01-04-2009, 20:06
In my glove box

rvrctyrngr
01-04-2009, 20:57
You're fine. No holster required if it's in the glovebox.

Not sure that the Serpa would qualify as 'securely encased'. The spirit of the statute is that something be 'opened' to access the weapon...

RustyShackelford
01-04-2009, 21:54
You're fine. No holster required if it's in the glovebox. Not sure that the Serpa would qualify as 'securely encased'. The spirit of the statute is that something be 'opened' to access the weapon...

What he said. I keep mine in my armrest/console. '01 Chevy Blazer. Not sure if glove box would be too much quicker to access. May move it on over.

RayRay23c
01-05-2009, 13:08
Alright thanks guys, only thing that sucks is my glove box is behind me,

sarhog
01-05-2009, 13:40
Get a concealed weapon license, then it's a moot point. :thumbsup:

MisterB
01-10-2009, 20:37
I would be very leery of using a holster that isn't actually 'snapped'

I met a guy at a range that told me he got some serious flak about a velcroed backstrap cheapie holster he was using. (it was in holster, velcroed, tucked under pass front seat.)
He ended up getting a warning by a shift Sgt that came on scene after the initial officer made a big deal about the holster. The Sgt said technically, the first officer was in the right, cause of the 'snapped in a holster' terminology.

The Sgt wasn't gonna let a guy go down for a technicality, though, hence the warning. So that guy was lucky. He got a cool Sgt. Could have been bad though.

stanggt9050
01-10-2009, 21:33
Sad to say but a lot of LEO's are ignorant of the law when it comes to firearms. There are and have been and always will be "old wives tales" and internet rumors that people take as the truth...

Here is the truth right out of the FL statute- 790.25 Lawful ownership, possession, and use of firearms and other weapons;

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.

IMO and after discussion with various instructors and informed LEO's a Snapped or velcro holster is fine. Where it gets iffy - open holster with no retention...still encased as per the law but interpreted differently by everyone.
Best thing to do is keep the gun in a poly box or glove box if you are unsure.
Or if you have your CCW permit, have the gun on you...concealed.

Here is the link to all the Firearms statutes -
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm

brboyer
01-10-2009, 22:22
Sad to say but a lot of LEO's are ignorant of the law when it comes to firearms. There are and have been and always will be "old wives tales" and internet rumors that people take as the truth...

Here is the truth right out of the FL statute- 790.25 Lawful ownership, possession, and use of firearms and other weapons;

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.

IMO and after discussion with various instructors and informed LEO's a Snapped or velcro holster is fine. Where it gets iffy - open holster with no retention...still encased as per the law but interpreted differently by everyone.
Best thing to do is keep the gun in a poly box or glove box if you are unsure.
Or if you have your CCW permit, have the gun on you...concealed.

Here is the link to all the Firearms statutes -
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm

Not so much. The 'letter' of the law:
790.001 Definitions.--As used in this chapter, except where the context otherwise requires:
. . .
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.

In reality, I can't see any 'reasonable' LEO making an issue of a Velcro closure, or a something along the line of a BlackHawk Serpa.

m41lover
01-10-2009, 22:25
I remember a case some years ago (I haven't found it yet) where a FL judge ruled a handgun wrapped in a towel on the passenger seat as not "readily accessible" - but I'd suggest following Jon H. Gutmacher's advice (if you do not have a CCW):

http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=CTGY&Store_Code=FFL&Category_Code=Carrying-Concealed-Firearm-Concealed-Weapon

The most important exception to the crime of carrying a concealed firearm or carrying a concealed weapon occurs when you are in a private vehicle, so long as you are 18 years of age, or older. In that case Florida law usually allows the weapon or firearm to be legally kept ‘securely encased" in the vehicle, although there are some exceptions. The simplest and most common definition of "securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon. Securely encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle. The firearm may be fully loaded at the time, however, it cannot be concealed on your person unless you also have a CWP.

stanggt9050
01-10-2009, 22:41
Not so much. The 'letter' of the law:


In reality, I can't see any 'reasonable' LEO making an issue of a Velcro closure, or a something along the line of a BlackHawk Serpa.

Well I missed that deffintion...but I still think the word "snapped" is up to interpretation.
For example, in my CTAC or MTAC holster the gun clicks or snaps into place when put in the holster. There is no physical snap or strap over the back of the gun but it is still encased. It really come down to symantics IMO. I do have a CCW permit so I really don't have to worry about it.
Bottom line is don't get pulled over:whistling:

rugerp95
01-18-2009, 15:04
attn. all legal experts all you have to do is go to the florida senate web site
you can print the law and there is a link to DEFINITIONS this link
will clearly describe what securely encased means I suggest you print a copy of each
(the law and the definition of securely encased) so when you run across on of those 3 step rule deputies (plenty of them out there) you have the facts with these in hand even a 3 step moron deputy will back pedal to a warning. A word of advice
most people will backpedal if you leave them room if you corner them they will definitly fight as you left them no choice so I stress have the law handy and use tact it might be easier to sorry officer I am a dummy and I must have misunderstood the law. If he is not a total retard he will let you off with a warning and HE will know better the next time ( 790.001)(17)