Florida CCW law question (may apply to other states)

Florida CCW law question (may apply to other states)

This is a discussion on Florida CCW law question (may apply to other states) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; (I am permitted/licensed CCW) On road trips, I keep my loaded & holstered FN FNX-9 tucked down in the big door "map pocket" on the ...

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Thread: Florida CCW law question (may apply to other states)

  1. #1
    Member Array RadarContact's Avatar
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    Florida CCW law question (may apply to other states)

    (I am permitted/licensed CCW)

    On road trips, I keep my loaded & holstered FN FNX-9 tucked down in the big door "map pocket" on the drivers' side while I'm driving. If my wife and I switch, I transfer it next to me on the passenger side. I do this because my wife has no permit, yet.
    Is this necessary and I'm being prudent, or am I just being silly?

    Thanks!
    Radar

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    VIP Member Array Aceoky's Avatar
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    Are these road trips only in Fla or do they include other states as well?

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    Member Array RadarContact's Avatar
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    Quote Originally Posted by Aceoky View Post
    Are these road trips only in Fla or do they include other states as well?
    Good question! So far only in Fl, but Ga trip coming up in 3 weeks.


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    With or without a ccw, the weapon must be covered. It can simply be placed in a holster with a thumb snap. If you just tuck it into the side door pocket, I do not believe it is legal unless it is covered somehow no more than it would be legal if it was placed under your car seat. I suggest you buy THE BOOK on Florida gun laws by Gutmacher to find a definitive answer. I do know that a gun in a shoe box with the lid on it is legal but without the lid it is illegal. The point is that it must be covered with or without your license. Your ccw permit allows you to conceal it ON YOUR PERSON or in immediate control of your person like in a pocket book, fanny pack, etc. Whether putting it in the door pocket would be considered to be considered to be the same is something for the courts to decide. If you have $50K or so to spend being a test case, go for it. Otherwise I suggest that you enclose the gun if only by putting it a holster with a strap on it.

    I have a perfectly legal way of doing what you try to do. I bought a Wilderness Tactical Safepacker and hook it to my seat belt. It is legal and gives me quick access to my gun. Plus if I have to exit the car, such as happens after a car accident, I can simply carry it with me. BTW, if you have ever been in a car accident where you are T-boned, you will know that you may not be able to access the gun in the car door and as happened to me once, sometimes the other drive can become very hostile. In my case I was hit by an illegal immigrant who got hostile when I tried to call 911 to report the accident and my weapon was left in my car.
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    Ex Member Array Manderinobyebye's Avatar
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    CCW or not,that's a no no here.Well the law states so far as S.C. if it's not on you but in a car,it has to be in a closed compartment.(Console,glovebox,or trunk)
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    Member Array RadarContact's Avatar
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    Quote Originally Posted by Old_Dog View Post
    With or without a ccw, the weapon must be covered. It can simply be placed in a holster with a thumb snap. If you just tuck it into the side door pocket, I do not believe it is legal unless it is covered somehow no more than it would be legal if it was placed under your car seat. I suggest you buy THE BOOK on Florida gun laws by Gutmacher to find a definitive answer. I do know that a gun in a shoe box with the lid on it is legal but without the lid it is illegal. The point is that it must be covered with or without your license. Your ccw permit allows you to conceal it ON YOUR PERSON or in immediate control of your person like in a pocket book, fanny pack, etc. Whether putting it in the door pocket would be considered to be considered to be the same is something for the courts to decide. If you have $50K or so to spend being a test case, go for it. Otherwise I suggest that you enclose the gun if only by putting it a holster with a strap on it.

    I have a perfectly legal way of doing what you try to do. I bought a Wilderness Tactical Safepacker and hook it to my seat belt. It is legal and gives me quick access to my gun. Plus if I have to exit the car, such as happens after a car accident, I can simply carry it with me. BTW, if you have ever been in a car accident where you are T-boned, you will know that you may not be able to access the gun in the car door and as happened to me once, sometimes the other drive can become very hostile. In my case I was hit by an illegal immigrant who got hostile when I tried to call 911 to report the accident and my weapon was left in my car.
    Wow, you gave me answers to questions I hadn't even thought of!
    ;-)

    I do cover the holstered gun (w/o a thumb break) with a towel. I only did that, though, for the eventual transferring process to the other side of the car (I'd usually just carry it around the back of the car with me, covered). So I'm glad you brought that up.

    I'll see about that book, thanks.

    As far as keeping it in the door ref: accident...another good point!


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    VIP Member Array Aceoky's Avatar
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    Quote Originally Posted by RadarContact View Post
    Good question! So far only in Fl, but Ga trip coming up in 3 weeks.


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    The reason I asked in Fla- the Fla laws dictate- other state laws come into their own when you cross over into those states and they likely vary

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    Distinguished Member Array Dan060's Avatar
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    I wish we could leave our firearm out like that where i live.That said it's not that big of a deal

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    Senior Member Array NECCdude's Avatar
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    Quote Originally Posted by RadarContact View Post
    (I am permitted/licensed CCW)

    On road trips, I keep my loaded & holstered FN FNX-9 tucked down in the big door "map pocket" on the drivers' side while I'm driving. If my wife and I switch, I transfer it next to me on the passenger side. I do this because my wife has no permit, yet.
    Is this necessary and I'm being prudent, or am I just being silly?

    Thanks!
    Radar

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    Good question for a lawyer. I don't know about FL but in NE you can't leave a concealed gun in a car with a non-CHP holder while you're out of the car. But, I don't know if having the gun closer to your wife than it is to you would be a violation even though you're in the car.

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    Quote Originally Posted by RadarContact View Post
    Wow, you gave me answers to questions I hadn't even thought of!
    ;-)

    I do cover the holstered gun (w/o a thumb break) with a towel. I only did that, though, for the eventual transferring process to the other side of the car (I'd usually just carry it around the back of the car with me, covered). So I'm glad you brought that up.

    I'll see about that book, thanks.

    As far as keeping it in the door ref: accident...another good point!


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    With old age, comes experience. :) Also keep in mind that there is the law and then there are LEO who do not know all the finer details of the law. As an ex LEO friend told me, when in doubt, let the courts figure it out. Towels can move around and if an LEO sees your gun you get arrested. I have several types of holster bags and put my guns in them. You can get inexpensive ones on the internet and just put your gun in that and then tuck that in your door although I personally prefer to have the gun on me after seeing what car accidents can do to everything in your car. Once I slammed on my brakes to avoid hitting a deer and everything that was in the back of my car ended up in the front. I want my guns under my control.

    Other options include ccw vests for when you are driving. Remora or Sticky holster to carry your gun cross draw with a shirt concealing it or any of the bags that have Velcro to attach to your pants belt that can also attach to your seat belt. Take a look at this video. What is also good about putting your gun in a bag and attaching it to your seat belt is that you can also store spare ammo/mag, flashlight and seat belt cutter. If you have ever been pinned in a car you will appreciate having these things handy.

    Last edited by Old_Dog; September 1st, 2013 at 04:48 PM.
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    If everyone had the same opinion, there would be no reason to give one. It is a given that each opinion is believed to be correct. It would be silly to post something you believed to be incorrect. :)

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    VIP Member Array nedrgr21's Avatar
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    Nother vote for secure the darn gun. Like Old_Dog said, in an accident things don't stay where you put them. What about the center console or jamming it in a holster btwn the seat and the part of the console that goes btwn the seats? If your wife knows how to shoot, permit or not, you are denying her access to a life saving tool.
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    VIP Member Array Secret Spuk's Avatar
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    Your Florida CCW class should have covered this. I bet you did it at a gun show...lol

    It is perfectly legal to carry a loaded firearm in your car in Florida. CCW permit or not. The firearm must be securly incased, and not open to view. If your in your car and carrying under your CCW the gun must be concieled on your person or within imediate reach and under your control.
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    Member Array RadarContact's Avatar
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    Quote Originally Posted by Secret Spuk View Post
    Your Florida CCW class should have covered this. I bet you did it at a gun show...lol.
    In Florida, military service serves as a surrogate for CCW classes. (agree with it or not, I guess)
    BIG "however"...I want to get my wife and I into some training/safety/ccw/range/etc. classes regardless, more for her than me as I have been through many over the years (from age10). Admittedly though, I don't have sufficient knowledge of the CCW laws to be comfortable.

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    Member Array RadarContact's Avatar
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    Old Dog, I checked out that WT Safepacker. Very cool, but a wee bit pricey. Over $110 shipped the way I would want it. Maybe someday.
    ;)
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    Member Array ginzo's Avatar
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    I had the same thought/idea when I was getting ready to cc, being a southpaw. Asked in my safety class, Instructors answer had nothing to do with cc law.

    His comment was " what if you are at a light or stopped and someone jerked the door open to car jack you"? Boo-Yah!!! That thought never crossed my mind. Glad I like asking "stupid" questions.
    Kinda makes the law a moot point?
    Always in my holster on my hip now.

    Taught me to think outside the box.


    Quote Originally Posted by RadarContact View Post
    (I am permitted/licensed CCW)

    On road trips, I keep my loaded & holstered FN FNX-9 tucked down in the big door "map pocket" on the drivers' side while I'm driving. If my wife and I switch, I transfer it next to me on the passenger side. I do this because my wife has no permit, yet.
    Is this necessary and I'm being prudent, or am I just being silly?

    Thanks!
    Radar

    ___________________________________
    iPad & TapaTalk HD
    Criminals don't register guns.
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