Pulled over last night in South Florida...my experiences... - Page 3

Pulled over last night in South Florida...my experiences...

This is a discussion on Pulled over last night in South Florida...my experiences... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Protect_All It is my understanding that there is a three step process to carry said firearm. Here it goes: From the Florida ...

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Thread: Pulled over last night in South Florida...my experiences...

  1. #31
    VIP Member Array miklcolt45's Avatar
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    Quote Originally Posted by Protect_All View Post
    It is my understanding that there is a three step process to carry said firearm.
    Here it goes:
    From the Florida Statutes....
    790.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons
    (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 selfdefense 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 selfdefense as provided in s. 776.012.

    790.001 Definitions. As used in this chapter, except where the context otherwise requires:
    (17) "Securely encased" means 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.
    Protect_All,

    You need to read the statutes very carefully. There is NO 3-step rule. Doesn't exist. 'Securely encased' is what the law means, and, for a change, actually says.

    Pick up Gutmacher's Florida Firearms Law and read the section on lawful carry in a vehicle.
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
    Albert Einstein


  2. #32
    Member Array ginzotech's Avatar
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    >>You will have to decide for yourself, but why would you allow one LEO w/ an >>attitude or a misunderstanding of the law change your ability to defend >>yourself?

    Well I think I said why I was considering it, but to be clear, if this BSO is now gunning for me and decides to stop me on the way home again, and chooses to lay a bogus arrest on me, I will not get my CCW. Why allow a cops vendetta cause me to not be able to carry? It is safer to wait until the CCW arrives than to let him ruin it for me no? It is just something I am considering...

  3. #33
    Member Array ginzotech's Avatar
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    Thanks to everyone for all your input and support. Good to know I can count on everyone here to help out in these situations.

    Are there any Florida LEOs that wish to comment?

  4. #34
    Senior Member Array puncho's Avatar
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    Quote Originally Posted by ginzotech View Post
    Well I think I said why I was considering it, but to be clear, if this BSO is now gunning for me and decides to stop me on the way home again, and chooses to lay a bogus arrest on me, I will not get my CCW.
    What if he's carrying a drop gun next time? If he was going to lay a bogus arrest on you he would have done it that night. You shouldn't have questioned him in front of the trooper, what did you gain except paranoia of the BSO.


    Quote Originally Posted by ginzotech View Post
    Why allow a cops vendetta cause me to not be able to carry? It is safer to wait until the CCW arrives than to let him ruin it for me no?
    Ruin what? Your the one creating the paranoia. Carry your gun in your car and go about your business.

  5. #35
    New Member Array Supernois's Avatar
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    You have it better in FL than we do in Michigan. If you don't have your CPL here you must transport your gun in the trunk and your ammo in the glove box. That would have gotten a Michigan resident arrested for Unlawfully carrying a concealed weapon.

  6. #36
    Member Array fuzzy03cls's Avatar
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    Hello guys,

    I just joined. This thread caught my eye. I'm in South FL. Broward county.

    Was this BSO or a local cop? I have a CCW & carry a G27.
    When I took my class I was told that there is no 3 step rule. Only a 2 step. FL section 7.90 confirms this. However some local cops may say there are 3 just to break balls & give an excuse to run you in.

    Your lucky that FHP was there or that guy would have run you in. Happened to a friend of mine that doesn't have CCW. The Hialeah cops said there was a 3 step. He was arrested & car impounded. Of course in court he got off cause there was no such thing, but still he had to go through all that.

    I only started carrying in January & have yet to be pulled over.
    I'm hopeful I don't run into any problems.

    With all the gun mess in south FL, shootings, CCW permits apps through the roof, ammo madness etc, makes everyone LEO or not a bit on edge.

  7. #37
    VIP Member Array JerryM's Avatar
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    Quote

    I found it shocking that the local police was so ignorant of the gun laws in Florida. It makes me think that if the FHP officer wasn't there, I would have been in handcuffs for storing a firearm locked in my glove compartment.

    What do you all think?[/QUOTE]

    That is not unique to FL. While I have not personally experienced it, I have a friend who is a firearms instructor and a member of the NM Mounted Patrol. He used to ride with the police often, and he commented that many of them did not know the laws for CCW or even a few did not know that one can carry in his auto loaded or unloaded, and concealed or not.

    I know a deputy that a few years ago did not know the latter also.

    That is one reason to know the law and to be able to give "chapter and verse" if stopped by an officer without knowledge of the law.

    In any case don't be a martyr, and the OP did as well as possible, and much better than most.

    I have a FL NR permit, and as I remember it was a two step instead of three if one did not have a license. So if it was in a glove compartment in a case that would take 2 steps to access it. Perfectly legal.
    Good Job.

    Edited
    In the case of the person arrested, etc, I think one should be able to sue the dept when such as that happens. To go to court entails some expense and certainly stress. That should be grounds for a law suit.

    Regards,
    Jerry

  8. #38
    Ex Member Array United93's Avatar
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    Too bad some officers are like that.

  9. #39
    Ex Member Array JOHNSMITH's Avatar
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    Maybe the other LEO came from an anti state and isn't familiar with the Gunshine State.

  10. #40
    VIP Member Array miklcolt45's Avatar
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    Quote Originally Posted by fuzzy03cls View Post
    Hello guys,

    I just joined. This thread caught my eye. I'm in South FL. Broward county.

    Was this BSO or a local cop? I have a CCW & carry a G27.
    When I took my class I was told that there is no 3 step rule. Only a 2 step. FL section 7.90 confirms this. However some local cops may say there are 3 just to break balls & give an excuse to run you in.

    With all the gun mess in south FL, shootings, CCW permits apps through the roof, ammo madness etc, makes everyone LEO or not a bit on edge.
    fuzzy,

    First, welcome to the forum from the Space Coast.

    Second, not to bust too hard, but there is NO 2-step rule in FL's statutes either. Maybe you are just calling it that, and I'm reading too much into it, but the statutes explicitly show that the gun must be "securely encased' unless one has his/her CWFL. We may just be using different nomenclature, but the 3-step thing is so pervasive and so wrong, I find it is just not good to go there, or anywhere close.

    Finally,while things may well be a little (or, a lot) goofy in S FL, it is no excuse for LEOs to misinterpret the law. If BSO is not doing its job in informing their deputies, that is a training issue. If it is a single officer, that is a personnel issue. Everyone needs to be careful, but this particular LEO was over the top, IMO.

    Again, not wanting to come down hard on you. This is a great forum and glad to have you on board.

    ETA: OP stated that it was BSO.
    Last edited by miklcolt45; April 29th, 2009 at 11:47 AM. Reason: additional information
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
    Albert Einstein

  11. #41
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    The culture within BSO is VERY anti gun. I am not surprised that he either did not know or chose to interpret the law that way. That is not to say all BSO LEOs are that way
    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!

  12. #42
    Member Array fuzzy03cls's Avatar
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    miklcolt45
    Yeah that's what I said there is no 3 step?
    Current list...G27 CCW gun, Beretta M9,
    Springfield 1911, Beretta cheetah 380
    16" AR setup for close quarters, 20" AR with 37mm launcher, AK47

  13. #43
    Member Array Razor's Avatar
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    Quote Originally Posted by ginzotech View Post
    Yes it is not my responsibility to educate the officer, but I

    don't really care about that. I have a lot of respect for the police.
    You say this however you make the statement below:


    Quote Originally Posted by ginzotech View Post
    Yeah, I am actually considering shelving the firearm until the CCW comes in, as risky as it is in my neck of the woods. The BSO knows my car now. All I need is for him to see me and try to make an example of me. What if he takes the gun out of the glove box next time, then says the glove box was open? All of a sudden the gun is not securely encased and I end up in jail, not too mention I never get my CCW. I can fight it, but by the time I spend the money and time, it could be years, all because
    this guy has a vendetta against gun owners. Once the CCW is in my hands it is a different story. Sucks, but I need to play it safe.
    &

    Quote Originally Posted by ginzotech View Post
    if this BSO is now gunning for me and decides to stop me on the way home again, and chooses to lay a bogus arrest on me, I will not get my CCW. Why allow a cops vendetta cause me to not be able to carry? It is safer to wait until the CCW arrives than to let him ruin it for me no? It is just something I am considering...
    Does not sound like much respect for LE to me. Additionally, your questions have been answered by the good people here by posting the FL statutes clearly stating you were in the right.


    Quote Originally Posted by ginzotech View Post
    Nevertheless it must be securely encased, which is why I am

    considering leaving it at home until I get my CCW. With my CCW, it can be on my person, so no issue of whether my glove box was open or not...
    Again, you have been provided the statutes with definition.




    Quote Originally Posted by ginzotech View Post
    >>You will have to decide for yourself, but why would you allow one LEO w/ an >>attitude or a misunderstanding of the law change your ability to defend >>yourself?

    Well I think I said why I was considering it, but to be clear, if this BSO is now gunning for me and decides to stop me on the way home again, and chooses to lay a bogus arrest on me, I will not get my CCW. Why allow a cops vendetta cause me to not be able to carry? It is safer to wait until the CCW arrives than to let him ruin it for me no? It is just something I am considering...
    Again, answered.


    Quote Originally Posted by ginzotech View Post
    Thanks to everyone for all your input and support. Good to know I can count on everyone here to help out in these situations.

    Are there any Florida LEOs that wish to comment?

    Which leads me to this question. What is your point in needing to ask for comment from a FL LEO at this point in the Q&A's?


    "When Democracy Becomes Tyranny I STILL get to vote."

  14. #44
    Ex Member Array GreenHorn's Avatar
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    What is your point in asking about his point. See how that works.

  15. #45
    Member Array Razor's Avatar
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    Contradiction and denial.
    "When Democracy Becomes Tyranny I STILL get to vote."

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