FL CCW permit, vehicle carry ?

This is a discussion on FL CCW permit, vehicle carry ? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Today I was told by an instructor that even if you have a CCW permit you can not carry a weapon in a vehicle in ...

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Thread: FL CCW permit, vehicle carry ?

  1. #1
    New Member Array crane333's Avatar
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    Question FL CCW permit, vehicle carry ?

    Today I was told by an instructor that even if you have a CCW permit you can not carry a weapon in a vehicle in FL concealed on your person? I was told it has to be "securely encased"(glove box, strapped holster,sipped case etc). Have a little trouble understanding this, does anyone have any info? Any constructive advice will be greatly appreciated!

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    Senior Member Array Cthulhu's Avatar
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    That's the first I've heard of that. Far as I know, it has to be concealed and securely encased, CCW or not, but if you have your permit, you can carry it concealed on your person. It doesn't sound like the fella knows what he's talking about, as far as this it concerned.

    -JT

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    That sounds more like what needs to be done when you don't have a concealed carry license.
    Keep emotionally active. Cater to your favorite neurosis.

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    Quote Originally Posted by crane333 View Post
    Today I was told by an instructor that even if you have a CCW permit you can not carry a weapon in a vehicle in FL concealed on your person? I was told it has to be "securely encased"(glove box, strapped holster,sipped case etc). Have a little trouble understanding this, does anyone have any info? Any constructive advice will be greatly appreciated!
    Your instructor is not in touch with FL law...

    With a FL CCW permit...stick the firearm under your leg or between the seats...if you choose to do so...
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    Senior Member Array MilitaryPower's Avatar
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    Don't listen to anybody unless they can show it to you in black and white. These guys like that "three step rule" and "can't have one in the chamber" rules as well.

    He is full of crap. If you have a CWL you can have it ANYWHERE as long as it is concealed. You can have it visible if it is "securely encased and not readily accessible for immediate use" (this it must be, if no CWL, and not on your body). Meaning you could technically have it in a snapped holster on your dashboard, but I wouldn't recommend that.

    You need to buy Jon Gutmacher's Florida gun book. Also, be sure to read FL Statutes Title 18 Chapter 790 regularly.

    I wonder how hard it is to be an instructor for the instructors, because these guys are killing me!
    Last edited by MilitaryPower; April 27th, 2008 at 11:48 AM.
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    New Member Array emopunker2004's Avatar
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    i personally carry under my left thigh. it can be anywhere in your car including on you as long as it is not visible to someone outside the car in plain view. put in in the passenger seat with a newspaper of it if u want. perfectly legal

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    Member Array mad212's Avatar
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    I have been stopped, for speeding , and the cop had no problem with my gun being on my person. He just insisted I kept my hands in plain sight

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    Your Instructor Is Wrong !!!!!!!!!!!!!!!!!!!!

    I'm an instructor in Florida and can tell you that instructor that told you that needs to learn the law before he mis speaks . If you have a permit , that permit is for carrying on "your" person concealed . If you get pulled over you don't haveto tell the officer your carrying but I strongly suggest you do for everyone involved , If you don't have a permit then yes it has to be "securely incased" .

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    New Member Array crane333's Avatar
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    Thanks for your response

    Quote Originally Posted by 45MINK View Post
    I'm an instructor in Florida and can tell you that instructor that told you that needs to learn the law before he mis speaks . If you have a permit , that permit is for carrying on "your" person concealed . If you get pulled over you don't haveto tell the officer your carrying but I strongly suggest you do for everyone involved , If you don't have a permit then yes it has to be "securely incased" .
    Thanks very much for your response it is much appreciated. I have read the FL Statutes several times not being a lawyer it's hard for me to have an absolute understanding, the closest thing I read that would lend creditability to what the instuctor said is underlined below.(and I asked that question at least 4 times in class using different scenarios and received the same answer, one scenario was if I am leaving my home w/handgun concealed in a pocket holster not "securely incased" and then get into a vehicle, you are saying I would then have to remove that weapon and transfer it to be "securely incased" while driving or being a passenger in that vehicle his answer was "YES") Do you have any I idea how I can clearly verify that it is legal to carry a hand gun concealed on your person in a private conveyance without being "securely incased" ?

    790.25 (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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    Quote Originally Posted by crane333 View Post
    Today I was told by an instructor that even if you have a CCW permit you can not carry a weapon in a vehicle in FL concealed on your person? I was told it has to be "securely encased"(glove box, strapped holster,sipped case etc). Have a little trouble understanding this, does anyone have any info? Any constructive advice will be greatly appreciated!
    Constructive advice, part 1: Find a new instructor. The one who told you that has no concept of what he is talking about.

    Constructive advice, part 2: Obtain, without delay, a copy of Florida Firearms by Jon Gutmacher. You can find it in many gun shops, and also at his website, ORLANDO CRIMINAL DEFENSE ATTORNEY | AGGRAVATED BATTERY DEFENSE LAWYER JON H. GUTMACHER, Esq.. Mr. Gutmacher explains all of the Florida laws on the ownership and use of firearms in Florida in a very well laid out, easy to read manner.

    In the book, on pages 77-79, Mr. Gutmacher discusses vehicle carry. With a CWFL, you absolutely can carry a firearm concealed on your person while driving.

    Matt
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    Member Array klx9mm's Avatar
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    Quote Originally Posted by Cakewalk View Post
    That sounds more like what needs to be done when you don't have a concealed carry license.
    what i thought and have always been told

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    Quote Originally Posted by crane333 View Post
    Thanks very much for your response it is much appreciated. I have read the FL Statutes several times not being a lawyer it's hard for me to have an absolute understanding, the closest thing I read that would lend creditability to what the instuctor said is underlined below.(and I asked that question at least 4 times in class using different scenarios and received the same answer, one scenario was if I am leaving my home w/handgun concealed in a pocket holster not "securely incased" and then get into a vehicle, you are saying I would then have to remove that weapon and transfer it to be "securely incased" while driving or being a passenger in that vehicle his answer was "YES") Do you have any I idea how I can clearly verify that it is legal to carry a hand gun concealed on your person in a private conveyance without being "securely incased" ?

    790.25 (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.
    Sure.

    The section on carrying a "securely encased" firearm in a vehicle discusses an exception to F.S. 790.01.

    F.S. 790.01 is the statute that forbids carrying a concealed weapon.

    790.01 Carrying concealed weapons.--

    (1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

    (4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:

    (a) A self-defense chemical spray.

    (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

    (5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
    And the answer is contained in sub-part 3:

    (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
    No place in 790.06 forbids the carry of a concealed firearm in a private vehicle.

    So it seems to me that under Florida law there is no prohibition against a CWFL holder carrying a weapon concealed on their person in a private vehicle in Florida.

    Bear in mind that I am not a lawyer, nor can I offer legal advice.

    However, the aforementioned Jon Gutmacher is a lawyer - and my interpretation matches his.

    Matt
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    Blame it on Sixto - now that is a viable plan.

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    New Member Array crane333's Avatar
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    Thanks for all your replies very much appreciated! Just a point of information, the training class was offered in cooperation with the St John's County Sheriff's Office by First Coast Technical Institute. The instructor was Sgt. Robert Crane Ret so I thought this instruction was rock solid?
    Last edited by crane333; April 27th, 2008 at 02:48 PM. Reason: add ? mark & spelling error,add info to correct

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    It might be that he knows the law, but there was a communication failure, too.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    New Member Array crane333's Avatar
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    Quote Originally Posted by MattLarson View Post
    It might be that he knows the law, but there was a communication failure, too.

    Matt
    I'm not understanding your point, are you suggesting that I misunderstood the instruction? This possibility doesn't offend me in any way, shape or form, I have no problem with being wrong, but my wife was there also and heard the same thing! We also discussed it with another student and he heard the same thing. I would be more than happy to accept, gladly. that we all misunderstood, it would make things much easier, I would just like to insure I'm following the Law!
    Last edited by crane333; April 27th, 2008 at 10:13 AM. Reason: Add Comma

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