Does this mean? (FL Law)

This is a discussion on Does this mean? (FL Law) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Does this mean I am not allowed to carry in my home without a CWL? (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful ...

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Thread: Does this mean? (FL Law)

  1. #1
    Member Array cv7713's Avatar
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    Does this mean? (FL Law)

    Does this mean I am not allowed to carry in my home without a CWL?

    (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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    Nope. It means you can carry in a vehicle without a CCW providing you follow the rules expressed in the statute.
    Holster with a snap closure, zippered pouch, glove compartment, center console are examples.

    And no... there is no 3 move rule in Florida.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

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    Member Array CharlieMike's Avatar
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    Maybe cv7713 lives in a motor home?

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    Quote Originally Posted by cv7713 View Post

    (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.
    I love lawyer lingo.

    Anyway, what Miggy said is correct.
    NRA Member

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    Member Array cv7713's Avatar
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    Quote Originally Posted by Miggy View Post
    Nope. It means you can carry in a vehicle without a CCW providing you follow the rules expressed in the statute.
    Holster with a snap closure, zippered pouch, glove compartment, center console are examples.

    And no... there is no 3 move rule in Florida.
    Thanks Miggy

    Quote Originally Posted by ruertar View Post
    Maybe cv7713 lives in a motor home?
    nope

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    Residences are usually addressed separately than vehicles. Since this does not address a residence, it would seem that it has no implications for your home, just your car.
    eschew obfuscation

    The only thing that stops bad guys with guns is good guys with guns. SgtD

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    My pleasure. And also very important: The firearm must not be visible and it must not be on you.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

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    Senior Member Array MilitaryPower's Avatar
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    Hmm, I can't think of a reason why you wouldn't be able to carry at home. You have to be 21 to get a CWL and to buy a pistol other than private sale, but other than that, carry at your home, business, fishing, hunting, and a few others, it looks legal (though I'd wait for the permit for all of the above except the first two, just to avoid hassle).

    Miggy, technically it can be visible, just in a holster with retention (snapped for example), though it isn't good policy and can cause a bunch of unneeded grief.
    Gun control can be blamed in part for allowing 9/11 to happen.
    "Si Vis Pacem Para Bellum" (Latin)- "If you want peace, prepare for war".

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    Member Array OrlandoDriver's Avatar
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    It means you can carry firearm in your vehicle so long as it is Securely Encased has to be in a snapped holster in your glove compartment,even if it fits i your console so long as the lid or door is closed (some states dont allow the console but in Florida its ok) I would reccomend you get Jon Gutmachers book Florida Firearms Law can be found at most gun shops or his site ORLANDO CRIMINAL DEFENSE ATTORNEY | AGGRAVATED BATTERY DEFENSE LAWYER JON H. GUTMACHER, Esq. explains the laws in plain english hope this helps As Miggy stated above.(sorry just noticed but also agree)

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    Senior Member Array MilitaryPower's Avatar
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    +1! I agree, get the book. There is a section in it about this very thing.
    Gun control can be blamed in part for allowing 9/11 to happen.
    "Si Vis Pacem Para Bellum" (Latin)- "If you want peace, prepare for war".

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    +1 with OrlandoDriver. If you have a Florida CWP, you must have that book.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

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    Quote Originally Posted by Miggy View Post
    And no... there is no 3 move rule in Florida.
    Funny thing - I had a discussion with someone yesterday about the 3 move rule and he swears up and down that he knows cops in FL that say it's required. I had to point out the statutes and Gutmacher's book.
    Keep emotionally active. Cater to your favorite neurosis.

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    Seems to me that you should just get the FL CCW permit and eliminate all of the problems...

    Stay armed...get a permit...stay safe!
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    Distinguished Member Array Tally XD's Avatar
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    Quote Originally Posted by Cakewalk View Post
    Funny thing - I had a discussion with someone yesterday about the 3 move rule and he swears up and down that he knows cops in FL that say it's required. I had to point out the statutes and Gutmacher's book.
    A lot of Florida cops DO follow a three step rule because its easy to use as a reference, but it is not completely accurate.

    However, if you have to have it in a holster, strapped and encased, it would technically take "3 steps" to bring it to bear and use.

    1. Remove from encasement (glovebox, console, bag etc.)
    2. Unstrap/unsnap the hammer strap.
    3. Remove from holster and bring to bear
    I am consistently on record and will continue to be on record as opposing concealed carry.
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    Member Array henryher's Avatar
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    I was told about the three point rule by a Panama City LEO that was checking a used gun for me that I was going to buy to make sure it was clean. We were talking about carrying and he said, "remember in Florida you have to meet the three point rule". I didn't ask any more about it or argue the point.
    "Government is not reason and it is not eloquence. It is force! Like fire it is a dangerous servant and a fearful master. Never for a moment should it be left to irresponsible action."

    George Washington

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