Florida 3 Step rule?

[JBrady555]

Hey guys I live in northwest fl. Up here alot of folks seem to think that there is some kind of three step rule you must follow when traveling with a firearm if you don't have a concealed weapons permit. They say that you must go through three steps to be able to fire the weapon, example: 1. Opening the glove box, 2. Removing gun from holster, 3. Racking the slide. I can't seem to find any florida gun law stating that this is true. Why do people around here think this? Is it a real law?

 

[janedoedad]

Because people will believe anything if they hear it enough. Especially if it comes from an 'expert'.

No such law exists in Florida.

http://blogs.naplesnews.com/florida-law/2011/06/understanding-the-three-step-rule.html

Florida Law: (IANAL)


790.25(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.

790.001(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.

 

[rswartsell]

The Lynyrd Skynnerd rule?

 

[Alland]

No, that is not a law. There is no 2 step or 3 step law. Glove box, center console, snapped in a holster or even a cardboard box with a lid is legal.

790.25
(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.

 

[JBrady555]

thanks for the reply. "securely encased or is otherwise not readily accessible for immediate use", so this basically means that I can't have a loaded pistol wedged between the seat and the center console loaded and ready for defensive purposes without a CC permit? I can see how people have twisted those words into what they call a three step rule.

 

[Alland]

But you could mount a holster that has a snap to the center console.

 

[JBrady555]

thanks for the info. I just need to get my CC permit and be done with it. Until then I'll just put my gun in the center console itself. Will this satisfy the "not readily accessible" rule?

 

[Art Eatman]

""Securely encased” means in a glove compartment, whether or not locked..." and "This subsection shall be liberally construed in favor of the lawful use..." seem to me to add up to meaning that the console is equivalent to the glove compartment.

 

[JBrady555]

awesome thanks

 

[basicblur]

There's a difference between a law and a (general) rule.

Years ago when I took my VA CHP course, a current VA Wildlife officer (former LE) taught part of the course - in it, he mentioned the 2-step rule when carrying in your car without a CHP.

I'm assuming he was taught this somewhere along the line as part of his training. It was probably taught as a general rule for LE to follow as I'm sure they had a number of arrests etc. that were tossed out in court.

'Course, times and laws have changed a lot since he got his training, although I'd be willing to bet it's still being used as a general rule?

I've got a feeling that's what you've encountered in FL?

 

[basicblur]

if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use.

Had to go back and read that section of FL law - probably darn close to VA law, so I would not dismiss the 3-step rule as easily as some want to.

In VA (according to the CHP trainer):
1. In your glovebox - bad.
2. Locked in your glovebox - good.

If the weapon is simply in your glovebox, it requires only one motion to retrieve it for use. If the glovebox is locked, it requires two motions to retrieve it for use.

 

[SEE IT LIKE A NATIVE]

In Florida , there is no 3 step or 2 step rule ! The law is clear ! Kevin

 

[Gator17]

On the front seat next to you covered with newspaper-you're good to go

 

[Frank Ettin]

On the front seat next to you covered with newspaper-you're good to go

I doubt that a Florida judge would consider that to be "securely encased.” If you think a Florida judge would consider that to be legal, please provide some citation to applicable legal authority.

 

[brboyer]

On the front seat next to you covered with newspaper-you're good to go

Yep, straight to jail....
Without a CWFL, that would be unlawful.


And the Florida legslature has even seen fit to supply a defintiion:

“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.

 

[Kyl3]

"The simplest and most common definition of "securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon. Securely encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle. The firearm may be fully loaded at the time, however, it cannot be concealed on your person unless you also have a CWP."

Don't follow the advise of just covering with a newspaper.

 

[JBrady555]

thanks guys, I think you all cleared it up pretty good.

 

[MedWheeler]

But you could mount a holster that has a snap to the center console.

I have heard it put that "securely encased" can be interpreted to mean that no part of the firearm can be accessed without some kind of door or lid being opened or removed. This would preclude the use of a snapped holster unless it's a flap holster that covers the entire gun. Some people like to think that "securely encased" only means that the "encasement" needs to be opened to fire the weapon. There is no such clause in the statute, and no case history supporting this. However, the clause "otherwise not readily accessible for immediate use" brings about some merit to the idea that a snapped holster that does expose part of the gun would be in compliance, as long as the gun cannot be fired while in the holster (or the holster is itself "securely encased.") Again, there isn't any case history supporting one over the other. That lack of case history implies that this just really isn't much of an issue here.
I have heard that old "3-step" rule as long as I can remember. I tell people if they're hung up on that, make them as follows: 1) Open the encasement. 2) Withdraw the firearm. 3) Pull the trigger.

 

[basicblur]

In Florida , there is no 3 step or 2 step rule ! The law is clear !

Mebbe I should have highlighted, underlined, and italicized it earlier, so here it is AGAIN!
There's a difference between a law and a (general) rule.

I had to laugh at the gun on the seat covered by the newspaper being good to go! Try that in VA, and you'll be good to go awright...

AFA the law being clear - nope. As I read it, the law is open for interpretation (as many are), and do you really want to put your fate in the hands of the judge's interpretation of the law as written?
if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use.

Six different judges may have six different interpretations of what not readily accessible for immediate use is.

But hey...you've been warned the stove is hot - if you still feel the need to touch it...

 

[brboyer]

Mebbe I should have highlighted, underlined, and italicized it earlier, so here it is AGAIN!
There's a difference between a law and a (general) rule.

I had to laugh at the gun on the seat covered by the newspaper being good to go! Try that in VA, and you'll be good to go awright...

AFA the law being clear - nope. As I read it, the law is open for interpretation (as many are), and do you really want to put your fate in the hands of the judge's interpretation of the law as written?
if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use.

Six different judges may have six different interpretations of what not readily accessible for immediate use is.

But hey...you've been warned the stove is hot - if you still feel the need to touch it...

There's a difference between a law and a (general) rule.

Completely irrelevant when we are discussing legalities.

Six different judges may have six different interpretations of what not readily accessible for immediate use is.

The legislature provided definitions, they must follow them.

 

[Frank Ettin]

Starting to bicker, so it's done.