Traffic Stop

Traffic Stop

This is a discussion on Traffic Stop within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Was stopped tonight on the way home from work. I had a ruger p89 in a fobus holster sitting on the seat next to me. ...

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Thread: Traffic Stop

  1. #1
    Member Array Ebbtide's Avatar
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    Traffic Stop

    Was stopped tonight on the way home from work. I had a ruger p89 in a fobus holster sitting on the seat next to me. I gave the officer my DL along with my permit the same time he spotted the gun. He asked me to step out while he ran my name then proceeded to give me the riot act about the holster I was using and where it was sitting.

    From the what I have read in my FL handgun law along with my CCW class I could have kept it un-holsterd and under my leg if I choose to do so, correct? I just took my medicine and listened to what he had to say as I nodded. Wrong time & place to challenge what he was regurgitating ya know. Am I having a brain fart here? Or are CCW here in FL allowed to carry/transport anyway they want in a pvt vehicle? Thanks for any comments folks. I love this site btw...


  2. #2
    Member Array Zach and Holly's Avatar
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    It's weird, I remember someone telling me once that they were told once you get your CC permit, you lose your right to open carry; and I've heard that more than once -- It's absurd! If you have a CONCEAL permit, I can't see how there can be any laws about the way you carry in your car, on your person or otherwise. Unless there is some separate law outside of CC that pertains to vehicles....?
    It is utterly illogical to believe that passing laws to reduce gun violence will be successful when those who are commiting the gun violence do not obey the law.

  3. #3
    VIP Member Array dukalmighty's Avatar
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    not sure about florida but texas it has to be concealed from view permit or not
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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  4. #4
    Member Array Hubs's Avatar
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    In SC, it's in a closed compartment(glovebox or console) or on your person.

  5. #5
    VIP Member Array Sticks's Avatar
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    loose the right to open carry...That is a new one on me as well. Not sure in CO how that plays out since I am always concealed. Not sure that I want to test the theory either. Next time I get pulled over I'll ask (Sarcasm here, I go out of my way to avoid justifying those incidents). I have not noticed anything in the state statutes either.
    Sticks

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    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

  6. #6
    Member Array Chris Dawg's Avatar
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    Maybe 790.10 Applies?
    Improper exhibition of dangerous weapons or firearms. (Brandishing)

  7. #7
    Member Array nlghthawk's Avatar
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    I don't recall Florida ever having open carry, its always been concealed carry. I haven't lived there in a while either so I could be full of crap. If it isn't open carry then it has to be concealed, even in your car. Unholstered, under your leg would have concealed it.

    IMO, it could have been a lot worse for you if he had seen the gun before he got your information.

  8. #8
    VIP Member Array goldshellback's Avatar
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    Quote Originally Posted by Ebbtide View Post
    Was stopped tonight on the way home from work. I had a ruger p89 in a fobus holster sitting on the seat next to me. I gave the officer my DL along with my permit the same time he spotted the gun. He asked me to step out while he ran my name then proceeded to give me the riot act about the holster I was using and where it was sitting.

    From the what I have read in my FL handgun law along with my CCW class I could have kept it un-holsterd and under my leg if I choose to do so, correct? I just took my medicine and listened to what he had to say as I nodded. Wrong time & place to challenge what he was regurgitating ya know. Am I having a brain fart here? Or are CCW here in FL allowed to carry/transport anyway they want in a pvt vehicle? Thanks for any comments folks. I love this site btw...
    I'm not a Flordia resident but I'm in Flordia alot.....I live right on the border. A quick search here....... Statutes & Constitution :View Statutes :->2007->Chapter 790 : Online Sunshine ...... specifically 790.25 (l) says "securely encased". If the firearm was in a fobus holster, on the passenger seat, and you having a current Flordia permit, you were within the law.
    Securely Encased is defined, in 790.001 (17) , as: "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. "

    Personally, I'd rather the sidearm be on my person or secured in it's holster and placed in a secured lock box/safe specificly for my gun in my car. (COM makes a good one)
    From what you wrote it sounded like you got the 'riot act' for having your sidearm in a Fobus holster in the first place.
    Overall you handled the stop very well and did exactly as you should have. Arguing with a cop during a stop, with a firearm involved, is never a good idea.
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

    (Sometimes) "a fight avioded is a fight won." ... claude clay

  9. #9
    Ex Member Array Ram Rod's Avatar
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    Again-----our 'system' depends alot on the general public being mis-informed or confused on the issues of laws and such. They always tip the scales in their favor. See--they'll always be right no matter what despite how well we try to educate ourselves. Most of the time, even if the law was wrong, and you were right--they make it very hard for the common citizen to actually assert their rights or complain about their treatment under the law.

  10. #10
    Member Array NKMG19's Avatar
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    Technically you were right but as you said it was not the time and place to argue the law. If it was on your person in the holster he would have had nothing to lecture you about. You kept calm and handled the situation very well.
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  11. #11
    Distinguished Member Array Stetson's Avatar
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    I agree, not a good time to have a discussion with a cop at a traffic stop. I wouldn't keep a pistol on a seat weather it's holstered or not but that just me.
    There's just too many jumpy drivers with cell phone looking to call 911.I am not going to be the one to give cause.

  12. #12
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by Ebbtide View Post
    Was stopped tonight on the way home from work. I had a ruger p89 in a fobus holster sitting on the seat next to me. I gave the officer my DL along with my permit the same time he spotted the gun. He asked me to step out while he ran my name then proceeded to give me the riot act about the holster I was using and where it was sitting.

    From the what I have read in my FL handgun law along with my CCW class I could have kept it un-holsterd and under my leg if I choose to do so, correct? I just took my medicine and listened to what he had to say as I nodded. Wrong time & place to challenge what he was regurgitating ya know. Am I having a brain fart here? Or are CCW here in FL allowed to carry/transport anyway they want in a pvt vehicle? Thanks for any comments folks. I love this site btw...

    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!

  13. #13
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    You have your CCW...then simply having had a hat or towel covering the actual weapon...in a holster or not really makes no difference...'concealed' is the magic word here.

    Yes, it could have been under your leg (that would have covered your weapon)...just can't be seen when someone looks inside the car. You could tuck it in your belt w/o a holster (if you chose to foolishly do so)...don't need no 'stinkin' holster...oops, my bad!

    Stay armed...keep it concealed and use a holster...stay safe!
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  14. #14
    Member Array Ebbtide's Avatar
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    Thanks a bunch for the replys fellas. I agree it wasn't the "ideal" place to keep my firearm while in route home. As someone stated the fobus isn't the ideal holster either. It tends to ride up on me while I drive so I sat it next to me in the seat. What I gathered from a few of the comments is to keep a towel in the seat with me or invest in a better holster. ;)

  15. #15
    VIP Member Array goldshellback's Avatar
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    "keep a towel in the seat with me AND invest in a better holster."
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

    (Sometimes) "a fight avioded is a fight won." ... claude clay

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