Floridians, clear up this rumor for me: open long gun in vehicle? - Page 2

Floridians, clear up this rumor for me: open long gun in vehicle?

This is a discussion on Floridians, clear up this rumor for me: open long gun in vehicle? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by darbo The following is an excerpt from Florida Firearms Law, Use & Ownership...a very good book. Quote" Summary of where handguns can ...

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Thread: Floridians, clear up this rumor for me: open long gun in vehicle?

  1. #16
    New Member Array xm15's Avatar
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    Quote Originally Posted by darbo View Post
    The following is an excerpt from Florida Firearms Law, Use & Ownership...a very good book.
    Quote"Summary of where handguns can be kept in vehicle ...Here's the short list, confirmed by appellate case law, on what's definitely "securely encased"; in a snapped holster-anywhere-loaded or unloaded, in a closed console-L or UL-, in a closed glove compartment-L or UL, in any other type of [U]closed[U] container which the gun cannot be fired from until withdrawn-L or UL. That's the easy, correct answer. However, some things that are causing confusion with law enforcement should be known. For some reason, a number of law officers are under the mistaken impression that is is illegal to have a firearm under the seat even if otherwise "securely encased". The law is clear on this - if it's in a snapped holster, zippered case, or any other type of closed container - it matters not where else it might be. However, because of this sometime confusion - maybe it's not a great idea to keep it under the seat?" End quote.
    So while carrying a handgun in a snapped holster under the seat is not illegal it may not be the best choice considering the confusion and lack of knowledge on the part of some law enforcement.
    Thanks for posting the above. Is that from the latest edition of his book? I have to wonder if there has been a recent case decision on this topic...

    Does he list the case cite for that?


  2. #17
    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by TonyDTrigger View Post
    When I moved to FL during the 70's it was really common to see long guns inside trucks and cars. I believe they needed to be seen through the window on a window rack. Especially during hunting season this was quite normal. I have not seen this for a long time, not sure why. I don't believe the law has changed however.

    I remember people moving from up north will find this shocking.
    maybe where you are this is true but FLA is a big state and you can be sure that the rest of the state is not like your little corner of it

  3. #18
    Senior Member Array darbo's Avatar
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    xm 15 wrote: "Thanks for posting the above. Is that from the latest edition of his book? I have to wonder if there has been a recent case decision on this topic...

    Does he list the case cite for that?"

    I have the 7th edition of this book and yes it is the most current issue. I get the impression there are many cases so he doesn't list them. The only cases he cites are not specific to a snapped holster but the general idea of "securely encased" and as he states, "you can see the courts are fairly liberal on what is "securely encased"." He does cite Urquiola v. State, 590 So. 2nd 497 (Fla 3DCA 1991) He also writes, "Likewise, in Alexander v. State, 477 So. 2nd 557 (Fla. 1985), the Florida Supreme Court held that a man's zippered leather pouch containing a firearm was "securely encased" even though there were other items in the pouch, and even though the man had opened and zippered the pouch several times in the presence of a police officer."

    In the next chapter he goes on with, "As long as the statutory purpose is met, a firearm can be kept in just about anything in a vehicle if it has a lid, closure, or something must be opened to get it out." He follows that with some question and answer stuff. Q: Can the handgun be loaded if I do that? A: Absolutely, it won't do you any good, otherwise. Q: I heard it must be in a holster if I have it in the glove compartment, and the glove compartment must be locked? A: Nope. All you need is to have the glove compartment closed. Q: I've heard that keeping a firearm in a car is a two step. or three step rule. ( my side note: a guy at work just said this to me today) What does that mean? A: It means that the person who gave you that advice couldn't remember what the statute actually said, so they made up their own definition to substitute for it. Forget it, just remember the statute."

    I do highly recommend every Fl. gun owner have and read this book. The info is invaluable. It costs $31.50 and can be bought at many gun shops and shows. No, I don't have any involvement with or make any money from this book. I just like the idea of promoting knowledge on gun ownership in Fl.

  4. #19
    Senior Member Array theskunk's Avatar
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    Just a mere 350 pages. If you get stopped with a AK-47 with a drum mag, maybe the cop will spend an hour reading this book with you.

    On the other hand, you can stick your rifle/shotgun in a regular rifle case. Put it in the back seat, or better yet in the trunk.


    Here is the best advice on self defense

    Write this down and carry it in your wallet!

    I was attacked. I used a gun to defend myself. I want to sign a complaint against the attacker. I want to talk to my lawyer and will answer your questions in 48 hours. I have nothing more to say.

    Castle Doctrine | Buckley ESQ

  5. #20
    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by OldVet View Post
    Florida is not a "southern" state; it's a geographically misplaced section of NY.
    Some parts perhaps. And some of it are Cuban... But it's regional. Where I grew up, in the NW corner... it was very rural and very southern. In ways and in areas I hear it still is. But things are changing even there I am afraid. We used to have our shotguns clearly displayed in racks in the truck when we went to school. And often a shell would roll out when the door was opened. No one even though anything of it. This was in the late 60's and early 70's.

  6. #21
    Member Array Strmwatch's Avatar
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    Quote Originally Posted by OldVet View Post
    Florida is not a "southern" state; it's a geographically misplaced section of NY.

    Only the East coast of Florida!!!

    On the West coast we get those crazy canooks from the great white North during season!

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