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

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; So I got pulled over last night by both Florida Highway Patrol and local police, guess they were both in the area. My fault, made ...

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

  1. #1
    Member Array ginzotech's Avatar
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    Pulled over last night in South Florida...my experiences...

    So I got pulled over last night by both Florida Highway Patrol and local police, guess they were both in the area. My fault, made an illegal u-turn, but this is my first with my handgun in the car so thought you all would like to know my experiences....

    FHP comes to the window, and first thing he asks for is my license and whether I have any guns or knives in the car. I immediately put my hands on the steering wheel and say "Yes I have a securely encased firearm locked in my glove compartment." He asks if I have a concealed weapons permit, I say not yet, took the course, waiting for Tallahassee to process. He asks the local officer to remove the firearm. He unloads it and takes it to the squad car.

    The FHP calmly tells me no problem, and to "sit tight".

    This is where the situation gets interesting.

    While the FHP is checking things out and writing the ticket, the local police officer comes over and tells me - straight out - "You know there are supposed to be three steps to get to your gun". I was shocked the officer did not know the law. I told him I have researched the law through my brother, who is an officer and my father who is an attorney, as well as through my firearms instructor, and I am not aware of any "3 step rule" in Florida, and that my firearm was legally encased in a locked glove box. His answer was "Hey you are talking to the police here!" I assured him that my little bro is one, and I have all the respect in the world for cops, but that I have seen nothing in statute 790 that talks about a 3 step rule.

    Then he says "well next time make sure you tell the officer immediately about your gun or you will find yourself on the floor in handcuffs!" I told him that the other officer asked me about the gun first thing and I told him immediately. I was getting a little nervous by now, thinking this guy was fishing for a reason to arrest me.

    Then he says "What kind of work do you do that you need to carry a loaded gun in your car?"

    I answered "Well officer, I would much prefer to have you ride around with me all day, but I don't think I could afford your fees."

    He did not laugh. I then told him "Seriously, this is not a good neighborhood." I work in a rather bad neighborhood, and was driving home.

    After the FHP officer came back, I waited for him to give me the handgun back and waiting until both officers were in front of me, and I asked the FHP officer "Excuse me, I just want to make sure I did everything correctly. Did I do anything wrong with regards to my firearm." The FHP officer told me "On the contrary, I wish every one I stop acted the way you did."

    So I continued "Ok I just wanted to make sure, because there seems to be some confusion with this other officer about how I had my gun encased, and whether I told you about the gun. Last thing I want is to do anything illegal or make you guys feel uncomfortable." The FHP officer repeated that I had done everything correctly. Then the FHP said that the only thing he would have preferred is if I already had my CCW - which I completely understand.

    The local officer stood there, with nothing to say.

    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?


  2. #2
    VIP Member Array miklcolt45's Avatar
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    ginzo,

    Sounds like you did fine.
    Can't say the same for your local LEO.

    While I agree you SHOULD have your CWFL (who shouldn't? ), you handled it properly.

    Would you mind saying which local LEA was involved?
    I travel into S FL fairly frequently, and would like to know for my own safety.

    I guess one option would be to print out and keep a copy of the FL statutes, and, in as non-smart-a** a way as possible, ask the LEO, "Officer, so I don't do anything wrong in the future, would you mind showing me the statute so I can be better informed?"

    Might work to educate him. Might keep you from being face-planted by an over-eager, under-informed LEO.
    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

  3. #3
    VIP Member Array Dal1Celt's Avatar
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    Looks like you may have to watch yourself, the local LEO may have it in for you now.
    "Without fear there can be no Courage!"

  4. #4
    Member Array ginzotech's Avatar
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    Mike:

    I am doing one better. I highlighted the area of this book that deal with firearms in your car, and it is now in my glove box. The book is pretty much the bible when it comes to Florida law regarding firearms and is the book recommended by the concealed weapons instructor.

    ORLANDO GUN, WEAPON, & SELF DEFENSE ATTORNEY JON H. GUTMACHER, Esq. | Florida Firearms Law Book

    BTW, the LEO was BSO - Broward Sheriff's Office.

  5. #5
    Member Array Protect_All's Avatar
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    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.
    The sheepdog is both blessed and cursed with the capacity for violence, and a profound love for the flock. This is what makes the warrior different from the wolf.
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  6. #6
    Member Array ginzotech's Avatar
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    Protect_All:

    Forgive me - I did not see anything in your post that talks about 3 steps. It talks about having your firearm - loaded or unloaded - securely encased. Can you please explain or highlight in your post the part about the "3 step rule"?

    Thanks.

  7. #7
    VIP Member Array tns0038's Avatar
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    I don’t know if I would call it a “three step” process but it does have to be encased. And your glove box was the main consideration when 790 was written.


    So, I don’t see that you did anything wrong, and I feel that the local PD was out of line. I am surprised the FHP even asked if you had any weapons in the car. But, then again, it’s been over 9 years since I was stopped, for a traffic infraction, and I suspect things may have changed.

  8. #8
    Member Array ginzotech's Avatar
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    Mind you I drive through a tough neighborhood, and we have had several police killed in the last couple of years. My little brother is a cop, and I hope to God he asks that question every time he stops someone. I did not have a problem with him asking, nor do I have a problem telling him.

    Yes the law does specifically say "encased" and also does specifically define what that means, but in no way must there be three steps. As long as your firearm is in enclosed area that has a cover or lid (ie. glove box, center console, box, safe, etc) you are legal - doesn't matter if loaded or unloaded.

    I am still hoping Protect_all responds, since I am not sure where he sees "3 steps" in the law. Maybe it is implied, but I don't see it.

    Thanks.

  9. #9
    Member Array dbraves8's Avatar
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    Just wondering how old you are as in for reason they were so worried about the reason you have a handgun.

    I am only 19 years old and worry that the cops will not know the law and say you must be 21 and i end up getting arrested

  10. #10
    Member Array ginzotech's Avatar
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    I am middle aged - and definitely look it

  11. #11
    Ex Member Array GreenHorn'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.
    nope... Try again...

  12. #12
    VIP Member Array David in FL's Avatar
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    There's an old saying.....there are 2 things you never ask a cop about, the law and guns!

    You did good.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

  13. #13
    Member Array webhead's Avatar
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    It's not your job to educate the police on the local laws. Nor is it required to carry around a copy of the laws for cops that don't know the law.

    Sounds like you know the law and challenging the cop about his knowledge didn't helped much. Unfortunately, I think there are a few LEOs that are either on a power trip or try enforce their personal feelings over the current laws. Either case, a request to have the duty sergeant on scene to discuss the situation or a call to HQs afterwards to register a complaint should help.

    Cops don't make the laws nor determine guilty. That's what the courts do. But dealing with cops is like the saying about customers.... a customer is not always right but a customer is always the customer.

    I think you were within the law, did things right and while it felt like you were in the wrong, it ended the way that it did because the cop knew he was in the wrong.

  14. #14
    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by webhead View Post
    It's not your job to educate the police on the local laws. Nor is it required to carry around a copy of the laws for cops that don't know the law.

    Sounds like you know the law and challenging the cop about his knowledge didn't helped much. Unfortunately, I think there are a few LEOs that are either on a power trip or try enforce their personal feelings over the current laws. Either case, a request to have the duty sergeant on scene to discuss the situation or a call to HQs afterwards to register a complaint should help.
    Do NOT call except to ask how to file a WRITTEN complaint. Documentation is king. A phone call is not documentation. File a WRITTEN complaint and follow up.

  15. #15
    Member Array ginzotech's Avatar
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    >>Sounds like you know the law and challenging the cop about his knowledge >>didn't helped much.

    Well I don't know about that. I was not put in handcuffs and not arrested. It could very well be that the officer realized I knew what I was talking about and internally started to question his knowledge of the law, and decided to back off. Then again, the FHP officer could also have corrected him as well. I don't know.

    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. If I can educate one of them, I consider that a positive thing. Besides, avoiding handcuffs and a negative experience for me is worth it, so educating them if I can is to my benefit, and that is the bottom line. Maybe the next guy he stops with a legally encased firearm won't go through what I did.

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