Traffic Stop

This is a discussion on Traffic Stop within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Consider where that gun and holster is going if you get in a crash or have to stop suddenly too. Scrambling around on the floor ...

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Thread: Traffic Stop

  1. #16
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    Consider where that gun and holster is going if you get in a crash or have to stop suddenly too. Scrambling around on the floor for your gun if you need it isn't going to help. Sounds like it was a gray area in the law as far a legal or not.
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  3. #17
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    Quote Originally Posted by rocky View Post
    Consider where that gun and holster is going if you get in a crash or have to stop suddenly too. Scrambling around on the floor for your gun if you need it isn't going to help. Sounds like it was a gray area in the law as far a legal or not.
    +1 on that

    In Michigan the fact that your firearm is in the car makes it concealed. If you were to open carry (hunting) and then get into your car you would now be considered as carry a concealed weapon.

  4. #18
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    As Dave stated, Florida is NOT an open carry state. I keep a towel on my back floor board for just that reason.

    Also, Ya might want to contact one of the fine holster manufactures represented in this forum for a decent holster.

  5. #19
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    Quote Originally Posted by David in FL View Post
    The key here was the holster, combined with the fact that it wasn't concealed...... The statute is a little strange on that particular point...... if the gun is being transported in a holster, then it needs to be in a snapped holster. The Fobus can't be snapped. Had you been wearing the same gun/holster combo under a cover garment, or had it in the center console, or under your leg, or any other concealed manner, you'd have been fine. IMHO, the LEO was a little aggressive here, but technically, he was right.....

    ......and regardless, you were absolutely right to quietly nod your head and say "yes sir" at the appropriate times!
    This.

  6. #20
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    but you didn't get a ticket did you?

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  7. #21
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    Fortunately, in Colo, anyone, permit holder or not, resident or not, may carry a loaded handgun in their car. The gun need not be locked up or encased. Nor must it actually be on your person. On longer trips, I put it mine in whatever the door pocket I'm sitting next to.

    Your itinerary is up to you. You may drive from point "a" to point "b" via whatever route you chose. You needn't worry about driving through school zones, college campuses etc. You may drive where ever a public road takes you.

    A pretty good law IMHO.

    Other states are not as understanding about this as Colo but most have similar (to Colo) motor vehicle 'carry' laws when the possessor of the handgun holds a CC permit from a state they recognize.
    An armed populace are called citizens.
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  8. #22
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    Yea Ken, I wish it were like the here in the Gunshine state.

    Nope, no ticket, that's actually another argument I didn't wish to engage in. My only way home is through a crummy part of town and it seems as if it may have been a questionable stop. But hey I get it! No harm no foul.

  9. #23
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    Quote Originally Posted by nlghthawk View Post
    I don't recall Florida ever having open carry, its always been concealed carry. .......
    ]I remember stories about cowboy style gun rigs and open carry before they closed a loophole....anyone else?
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  10. #24
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    Quote Originally Posted by hudsonvalley View Post
    ]I remember stories about cowboy style gun rigs and open carry before they closed a loophole....anyone else?

    Yep.............till about '70 or thereabouts it was the ONLY way you could carry a licensed pistol or for that matter a 'repeating rifle'...in or about that time the law was modified to allow concealed carry....but to the best of my recall the open carriage issue was never addressed so it would've still been lawful...

    In '87, when the ccw revision occured the original intent was to let the oc issue alone and to permit it as is the case in most states....BUT, a bunch of idiots started packing buscadero rigs in downtown Miami and the press had a friggin' field day....that's when the term 'gunshine' state originated.....

    Janet Reno........of Clinton's administration and Waco fame.....was then States Atty. in Dade and jumped on the bandwagon and our courageous legislature promptly pissed their pants and outlawed what had been lawful by statute since 1894 (when the first license law was passed).

    Thats the background, still in the end we did wind up with a vastly improved licensing system........the old one was only good in the County wherein it was issued, and several Counties were real ******** when the issuance matter came up....several just refused till they had their hands slapped by the Florida Supreme Ct. in a case that originated out of Sarasota where a fellow was denied.

    Interestingly, then Chief Justice England quoted the reason for the origin of the licensing statute as being embedded in the Jim Crow politics of the 1890's....Florida was heavily into the turpentine industry and was relying on black labor to tap the pine trees...that law, according to the SCJ was an direct move to prevent blacks from arming themselves..........Further, it was cleary stated that the license matter was one of right and not descretion......At least we kept that part.

  11. #25
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    Quote Originally Posted by KenInColo View Post
    Fortunately, in Colo, anyone, permit holder or not, resident or not, may carry a loaded handgun in their car. The gun need not be locked up or encased. Nor must it actually be on your person. On longer trips, I put it mine in whatever the door pocket I'm sitting next to.

    Your itinerary is up to you. You may drive from point "a" to point "b" via whatever route you chose. You needn't worry about driving through school zones, college campuses etc. You may drive where ever a public road takes you.

    A pretty good law IMHO.

    Other states are not as understanding about this as Colo but most have similar (to Colo) motor vehicle 'carry' laws when the possessor of the handgun holds a CC permit from a state they recognize.
    This is true in CO since the vehicle is considered an extension of your home. Although I would suggest double checking about having the gun loaded. If I remember correctly you can not have a round chambered while it is in your vehicle, but you can have a full magazine.

  12. #26
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    Keep a towl

    Quote Originally Posted by goldshellback View Post
    "keep a towel in the seat with me AND invest in a better holster."
    I always keep a towel of two--good sturdy hand towels or smaller bath towels--in the car.

    They are great for moments when you need to remove a gun holster from your pocket and place it in a safe as they conceal what you are doing.

    They are great for the situation described.

    Could be used in some self-defense situations and also for first aid.

    And they are great when that Sonic Milk shake .......
    Last edited by Hopyard; June 13th, 2008 at 04:58 PM. Reason: to add a thought

  13. #27
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    It's a small point and not a legal one but... no officer enjoys walking up on a stopped vehicle to see a handgun laying within quick grab of the driver.
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
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  14. #28
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    Quote Originally Posted by rocky View Post
    Sounds like it was a gray area in the law as far a legal or not.
    I disagree. It is not a gray area. If in a holster and not concealed, the holster must be snapped. The LEO gave you a little break.

    I'd recommend getting Jon Gutmacher's book.

  15. #29
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    Quote Originally Posted by KenInColo View Post
    Fortunately, in Colo, anyone, permit holder or not, resident or not, may carry a loaded handgun in their car. The gun need not be locked up or encased. Nor must it actually be on your person. On longer trips, I put it mine in whatever the door pocket I'm sitting next to.

    Your itinerary is up to you. You may drive from point "a" to point "b" via whatever route you chose. You needn't worry about driving through school zones, college campuses etc. You may drive where ever a public road takes you.

    A pretty good law IMHO.

    Other states are not as understanding about this as Colo but most have similar (to Colo) motor vehicle 'carry' laws when the possessor of the handgun holds a CC permit from a state they recognize.
    +1 for WV. No permit necessary for open carry. I just wonder if you were carrying in FL and you reached up to grab something if they'd try to get you on brandishing charges?
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

  16. #30
    Member Array braap's Avatar
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    Quote Originally Posted by StevePVB View Post
    I'd recommend getting Jon Gutmacher's book.
    +1

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