Legality - vehicle holster

30597 Views 69 Replies 28 Participants Last post by OldVet, Feb 10, 2017

Kublid

Discussion Starter · May 25, 2013

I searched and found a few topics where this was discussed, however, I never really saw a clear cut answer.

I'm a CCW holder in FL. I'm curious if this way of car carrying is LEGAL. I want quick access when driving, however, is this still concealed enough in my vehicle? The "proper" placement for this holster is directly under the steering column. Moving it over and in front of my knee offers access without reaching or much movement.

I've looked at sites online but haven't found the answer pertaining to FL law. Anyone?

Thank you in advance.

Vehicle Car Auto part Toyota Honda

Dan

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high pockets

· #2 · May 25, 2013

Nice positioning for access, terrible positioning for an auto accident. Your knee is trash if you run into something.

I t-boned a car that ran a stop sign and even with all the airbags in the car, I still ended up with my second knee surgery. Now I have a vehicle that has a knee airbag, so I have to be sure my car holster doesn't interfere with the airbag.

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MJB_17

· #3 · May 25, 2013

I don't know about FL but in TX (which also bans OC and has very similar CC laws and gives reciprocity on CWFLs) that is a guaranteed ticket to jail. You cannot have a weapon in your vehicle in plain view if it's a handgun. That said, the "in plain view" thing is easily covered (literally) by putting it in a compartment or even just covering it with a towel.

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OldVet

· #4 · May 25, 2013

That would be considered Open Carry in FL. It must be out of sight. That is not.

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Kublid

Discussion Starter · #5 · May 25, 2013

I had interpreted the law as out of sight to the average person, ie someone walking by, driving next to, could not openly see the firearm. I'm guessing I interpreted incorrectly. :-( - may have a $60 unusable holster/mount.

Any LEO's on this subject?

Dan

RightsEroding

· #6 · May 25, 2013

According to FL Castle Doctrine...

(a) The person against whom the defensive force was used was and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

I am not a attorney, however my opinion is that in your vehicle is no different than in your home.

wdnewman

· #7 · May 25, 2013

RightsEroding said:
According to FL Castle Doctrine...

I am not a attorney, however my opinion is that in your vehicle is no different than in your home.

In Mississippi the Castle Doctrine applies to vehicles (and for that matter to tents). Therefore if you can OC in your home, you can also OC in your car. The Texas law does not allow persons WITHOUT a permit to OC in a vehicle, but it is not quite clear to me if it allows OC in a car WITH a permit.

MJB_17

· #8 · May 25, 2013

RightsEroding said:
According to FL Castle Doctrine...

I am not a attorney, however my opinion is that in your vehicle is no different than in your home.

That is a very risky and unnecessary chance to take for no substantive gain...There is a very big difference between between what is "legal" and what is "prudent"...or commonly sensible.

Easy8

· #9 · May 25, 2013

I keep a remora in my car an use it crossdraw until I arrive than put back in iwb.

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MJB_17

· #10 · May 25, 2013

Easy8 said:
I keep a remora in my car an use it crossdraw until I arrive than put back in iwb.

I use a DeSantis Nemesis for the same purpose.

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ChipOffTheGlock

· #11 · May 25, 2013

I also live in Florida and had to study the law thoroughly due to having a misd battery charge a few years back and didn't want to look like an idiot when I tried to purchase a firearm. With that being said its not illegal for someone to see your firearm as long as its not brandished in a threatening manner or with careless behavior unless during a legal self defense situation. So I'm positive that if your weapon is under your steering column in a holster in your vehicle I'm sure that's not brandishing in a dangerous manner. I've also verified anything I've read or didn't understand with my brother who is a LEO and I'm a paramedic so I shoot the **** with LEO's that I encounter since they all carry Glocks

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ironmike86

· #12 · May 25, 2013

.......

ironmike86

· #13 · May 25, 2013

Vehicle carry Florida

Vehicle carry without a license is permitted.

Handguns – must be either "securely encased" or not immediately available for use.[12] "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.[13] Carry of a Handgun on one's person inside a vehicle without a license is not permitted (except in the case of open carry in accordance with the law outlined above). Once a handgun is securely encased, it can be stored anywhere inside the vehicle and is not limited to just the glove compartment/center console.

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Kublid

Discussion Starter · #14 · May 25, 2013

Ironmike, this is the law pertaining to NOT having a CCW, correct? I'm trying to see where I stand having a CCW and how it changes.

USM1976

· #15 · May 25, 2013 (Edited)

Castle Doctrine has nothing to do with how the handgun is carried but how the handgun is "used" to protect the vehicle, building, or dwelling.

Texas also has Castle Doctrine, however, Texas law also states a handgun has to be concealed while in a vehicle. From a law enforcement standpoint these two views depicted above would be illegal. Now, as a retired officer, rather than arrest, I would admonish and suggest the
handgun be hidden as the next officer might not be a gracious.

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robhic

· #16 · May 25, 2013

Kublid said:
I'm guessing I interpreted incorrectly. :-( - may have a $60 unusable holster/mount.

How so? Can you not use the holster as an IWB carry? Or do you lack a permit? In Louisiana you could just put that sucker on the seat and cover it with a towel. PRESTO! Fixed.

What type holster is it and for what pistol? Might want to consider a Pistol Wear (Pistol Wear - Comfortable Concealment Holsters For Concealed Carry) "Trump Card" self-contained holster pouch and elastic belt. Which I conveniently have and would possibly trade if your holster would work for any of my guns... :danceban:

OR ............ you could use this method:

:wave:

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OldVet

· #17 · May 25, 2013

Kublid said:
I had interpreted the law as out of sight to the average person, ie someone walking by, driving next to, could not openly see the firearm. I'm guessing I interpreted incorrectly. :-( - may have a $60 unusable holster/mount.

Any LEO's on this subject?

Dan

The FL statute says: “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

Anyone at or near your vehicle would easily be able to see a gun in that "exposed" position, so it would be considered open carry. Covered with a hand towel or the like would make it not visible to ordinary sight. Is your holster unusuable? No, but it may be brought into question by those who don't know or follow the statutes. It's a possible risk.

ironmike86 said:
Vehicle carry Florida

Vehicle carry without a license is permitted.

Handguns – must be either "securely encased" or not immediately available for use.[12] "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.[13] Carry of a Handgun on one's person inside a vehicle without a license is not permitted (except in the case of open carry in accordance with the law outlined above). Once a handgun is securely encased, it can be stored anywhere inside the vehicle and is not limited to just the glove compartment/center console.

That is the portion of statute allowing persons without a CWFL to carry a concealed firearm in a private vehicle. With or without a CWFL, except under the very limited conditions of FL law, OC is not allowed.

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Kublid

Discussion Starter · #18 · May 25, 2013

robhic said:
How so? Can you not use the holster as an IWB carry? Or do you lack a permit? In Louisiana you could just put that sucker on the seat and cover it with a towel. PRESTO! Fixed.

What type holster is it and for what pistol? Might want to consider a Pistol Wear (Pistol Wear - Comfortable Concealment Holsters For Concealed Carry) "Trump Card" self-contained holster pouch and elastic belt. Which I conveniently have and would possibly trade if your holster would work for any of my guns... :danceban:

OR ............ you could use this method: :wave:

As stated in the orig post, I DO have a CCW permit. However, this holster and bracket is designed for this method of car carry. I have plenty on IWB and OWB holsters.

After watching a particular video of a person being robbed at gunpoint outside of his store (in his car), it reminded me of just how little time there is to "get to" your weapon and I wanted a much more accessible placement and method of getting to my weapon.

I plan on stopping and talking to a couple LEO's regarding their take on this over the next week. (I'll be having this convo, gun unloaded, as who knows what type of LEO I'll speak with.)

I'll post how it goes.

Dan

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OldVet

· #19 · May 25, 2013

The key requirement is "out of ordinary sight." Technically, there's no difference between a gun covered by a shirttail or one covered by a rag. Out of view is out of view.

As for talking with LEOs on legal opinions, my personal experience is that many do not know the fine details of the law. I had to point out to a few that concealed carry inside a private vehicle by those without a license was in fact legal. Then they argued it had to be "locked," "unloaded," in the trunk," etc., none of which is true. One actually called the sheriff himself because he didn't believe me.

Short of contacting a lawyer who specializes in gun laws, I don't take the opinion of anyone on what is or is not legal. I tend to look up a lot of statutes and see exactly what it says. It's an old habit developed in the military where I often found that advice from the old corp was wrong or outdated.

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Kublid

Discussion Starter · #20 · May 25, 2013

OldVet said:
The key requirement is "out of ordinary sight." Technically, there's no difference between a gun covered by a shirttail or one covered by a rag. Out of view is out of view.

As for talking with LEOs on legal opinions, my personal experience is that many do not know the fine details of the law. I had to point out to a few that concealed carry inside a private vehicle by those without a license was in fact legal. Then they argued it had to be "locked," "unloaded," in the trunk," etc., none of which is true. One actually called the sheriff himself because he didn't believe me.

Short of contacting a lawyer who specializes in gun laws, I don't take the opinion of anyone on what is or is not legal. I tend to look up a lot of statutes and see exactly what it says. It's an old habit developed in the military where I often found that advice from the old corp was wrong or outdated.

Well said! Thank you.

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