Background check and concealed carry permit in Florida.

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Miguel Santa writes:

I have an SUV. Should I have it in a case under the seat?
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Florida law defines the carrying of a concealed firearm as having a firearm concealed from the ordinary sight of another person, and on one's person, or in such close proximity to one's person as to be as readily-accessible as if it were on person. The law does not specifically exclude any portion of a vehicle interior from being legal, but it specifically includes a glove compartment, and not a center console. This leaves room for a LEO to interpret such close positions as being "readily-accessible", even though it may not necessarily be so.

Until you get your CWFL, my recommendation is to put the cased handgun in the glove box (assuming it will fit) and store the vehicle documents elsewhere. Or place the cased handgun under a seat other than one in which someone is seated. If stopped, and only if asked about the presence of a firearm, then you should disclose its location.
 
Miguel Santa said:
I have an SUV. Should I have it in a case under the seat?
Click to expand...
When you get your concealed weapon license the best thing to do is keep your gun on your person at all times while driving.

Buy a lock box and cable in the event you can’t carry your gun; your SUV likely has a storage compartment with floor anchors to attach the cable.
 
jdc1244 said:
When you get your concealed weapon license the best thing to do is keep your gun on your person at all times while driving.

Buy a lock box and cable in the event you can’t carry your gun; your SUV likely has a storage compartment with floor anchors to attach the cable.
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That's good advice.

Another option is a console vault made for the specific vehicle that is attached by internal fasteners.

I recently bought one.
 
MedWheeler said:
Miguel Santa writes:



Florida law defines the carrying of a concealed firearm as having a firearm concealed from the ordinary sight of another person, and on one's person, or in such close proximity to one's person as to be as readily-accessible as if it were on person. The law does not specifically exclude any portion of a vehicle interior from being legal, but it specifically includes a glove compartment, and not a center console. This leaves room for a LEO to interpret such close positions as being "readily-accessible", even though it may not necessarily be so.

Until you get your CWFL, my recommendation is to put the cased handgun in the glove box (assuming it will fit) and store the vehicle documents elsewhere. Or place the cased handgun under a seat other than one in which someone is seated. If stopped, and only if asked about the presence of a firearm, then you should disclose its location.
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It is really not all that complicated.
I gave the OP the statutes in a previous post. A center console with a Lid that snaps is perfectly OK. Put a glove in it and it becomes a glove box. Who wears gloves in Fl anyway. A glove Box is such an outdated term. I keep "junk" in the "glove Box"

Even with a CCW keeping the gun in you pocket or in the waistband is very uncomfortable while driving and doe not give you ready access to it. A snapped holster on the seat or between the seats is much easier to access, Or yes, even in the center console/armrest with lid..
 
Rule3 writes:

A center console with a Lid that snaps is perfectly OK.
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I agree, but at least two LEOs here in my area recently did not. In one case, the pistol was in a zippered case beneath the driver's seat. In a second, it was uncased, but in a closed center console. Both cases resulted in arrests that may be defeatable before even going to court, but were likely extreme inconveniences for the arrestees.

Go back and look at the context of my post, especially this line:

This leaves room for a LEO to interpret such close positions as being "readily-accessible", even though it may not necessarily be so.
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That's what I was getting at, not "the letter of the law."
 
MedWheeler said:
Rule3 writes:



I agree, but at least two LEOs here in my area recently did not. In one case, the pistol was in a zippered case beneath the driver's seat. In a second, it was uncased, but in a closed center console. Both cases resulted in arrests that may be defeatable before even going to court, but were likely extreme inconveniences for the arrestees.

Go back and look at the context of my post, especially this line:



That's what I was getting at, not "the letter of the law."
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Yes, I understand what you are saying, However LEOS are not lawyers or Judges. Heck I carry a copy of the statute in my "glove" box.:) But as mentioned the LEO is not gonna care nor read the statute if all he wants to do is arrest you.
I am not gonna live my life by what a LEO may or may not understand about the law, he or she is gonna do what they are gonna do.

This is not a Florida case but something I found online. It shows just how convoluted things can get!:uhoh:

https://courts.illinois.gov/Opinions/SupremeCourt/2009/October/106367.pdf
 
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I can't imagine some cop paying the slightest attention to something you printed off the internet. In Colorado Springs the cops carry a cheat sheet (it's actually a book) of applicable laws that they use for a reference. That's what they claimed to be following the day they arrested James Sorensen for open carry while gay. You can hear him referencing the actual statute on the video his partner shot of him being arrested and you can hear one of the cops telling him "ignorance of the law is no excuse" (that came back to bite them in the ass when he sued the city).

It's been said but the side of the road isn't the place to argue with a cop because if he has to face plant you to maintain his authority he will.

I haven't had any interaction with the cops outside of work in 12 years but my rule is if at any time any cop makes any accusation of a crime against me I invoke my right to remain silent and shut up.
 
Which agency does the background check reports for the Department of Agriculture in the state of Florida for CCW permit? Is it the same agency that does the background checks when you purchase a firearm? Correct me if I am wrong, is it the Florida Department of Law Enforcement?
 
Miguel Santa said:
Which agency does the background check reports for the Department of Agriculture in the state of Florida for CCW permit? Is it the same agency that does the background checks when you purchase a firearm? Correct me if I am wrong, is it the Florida Department of Law Enforcement?
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Yes, It is the FDLE

The FL Depart of Ag is also (in the name) Consumer Services.

https://www.fdacs.gov/Consumer-Reso...cense/Applying-for-a-Concealed-Weapon-License

The whole CW department needs to be moved to under the FDLE!
 
It was originally moved to the Ag department to get it out of partisan politics... Then an ambitious politician from the liberal side of things... ran for and was elected to as the Ag Commissioner. As an interested observer and a long retired cop here in Florida I figure that the lady commissioner's next shot at higher office will be for the governor's seat.... Not a happy prospect in a state that's always on the edge of political change (you can ask Mr. Al Gore about that I suppose...).
 
None of my biz but if you are applying or have applied for a concealed carry permit in the state of Florida, you would probably be better off going online or to the library and getting yourself a book or publication (updated versions are available) pertinent to conceal carry laws for Florida as opposed to asking questions here of people from all over the place. You are the responsible party. It is your responsibility to be cognizant of any/all laws if you have a gun in your possession in any state.
 
lemaymiami said:
It was originally moved to the Ag department to get it out of partisan politics... Then an ambitious politician from the liberal side of things... ran for and was elected to as the Ag Commissioner. As an interested observer and a long retired cop here in Florida I figure that the lady commissioner's next shot at higher office will be for the governor's seat.... Not a happy prospect in a state that's always on the edge of political change (you can ask Mr. Al Gore about that I suppose...).
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Actually Nikki Fried has mentioned that CW permits should go BACK to the FDLE. (much controversy on how she actually won by 6K votes??) But that is not a topic for here!:eek:
 
Thibaut said:
None of my biz but if you are applying or have applied for a concealed carry permit in the state of Florida, you would probably be better off going online or to the library and getting yourself a book or publication (updated versions are available) pertinent to conceal carry laws for Florida as opposed to asking questions here of people from all over the place. You are the responsible party. It is your responsibility to be cognizant of any/all laws if you have a gun in your possession in any state.
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I have actually become familiar with the Florida Statute 790 particularly 790.06, however, there are certain things that the law doesn't explain well, that folks here from Florida already know that can clarify it for me. It is quite obvious to me that if someone from Alaska is replying to a post that is specifically related to the state of Florida, the information may not be accurate or true at all. Furthermore, is the post says Florida, anyone who doesn't live in Florida shouldn't post anything unless that person has done the research and is 100% sure that the information is correct. I appreciate your concern and thank you for opinion.
 
On the letter it says:
Component: USAR
Type of Discharge: Honorable DD Form 256A
The letter was sent to 1ROTC Region, Fort Bragg NC
 
^^ So, what is DD256A?

EDIT: Okay, it appears the DD256 is issued mostly to reservists upon completing contracted terms of service that do not include full-time activations or deployments.Still, firearms-training would have been included in BT, correct? I see no reason why a 256 wouldn't satisfy the training requirements for the Florida CWFL. The state is very flexible on what training can.

They do answer the phone there in Tallahassee, and were helpful when I had questions regarding mine, as well as another, unrelated licensing issue I had before.
 
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