Florida, OC in your vehicle, cover when exiting..?

[MedWheeler]

Recently, and with virtually no media hype (good or bad), the extremely watered-down version of what was to be a OC-permitting bill in Florida was signed into law. As it started, it would have allowed open-carry by those who hold CC licenses. By the time it reached the Gov's desk, it had been reduced to nothing more than a measure that essentially decriminalizes the act of allowing someone else to spot, albeit briefly, one's holstered (or otherwise carried) and usually-concealed firearm, such as when reaching up, bending low, or changing jackets. Though the law says the exposure must be brief, it does not define "brief". To some people, a "brief walk" about their neighborhood could be "brief". But that's another matter. What I'm asking here is your takes on this: carrying your firearm holstered "openly" while in your vehicle, though in a manner in which it would not be visible from outside the vehicle (I'm left-handed, so that's easy for me), then covering it only when exiting the vehicle with a longer shirt or jacket. Something that would be permitted now? Already was? Or still isn't?
Of course, I know none of you is a Florida criminal law attorney, so I'm not soliciting legal advice here, just opinions.

 

[cbrgator]

Open carry is not legally permitted in your car... but if nobody sees you, its hard to get in trouble.

The only problem I foresee would be getting pulled over by a LEO. You going to try and throw on your jacket while pulling over for a traffic stop?

 

[smalls]

Probably wrong, but I thought your car was an extension of your home in FL.Wouldn't that mean you could OC in it?

 

[NavyLCDR]

http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0790/Sections/0790.25.html

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 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.

 

[tkaction]

I have a PA. CCW which is honored in Florida. I usually have a loaded weapon in the door pocket when I am in Florida. Should I be carrying my gun on me concealed or is it legal to leave it in the door pocket?

 

[Sebastian the Ibis]

tkaction

My understanding of FL law, without taking the time to look at the code is:

It is legal concealed on you, if you have CWP
It is legal to have it encased in a box or even a snap holster, if it is in your car.
To be safe I'd keep it unloaded, but that's because I don't want a glock (with no safety) be jostled around in a case while driving, especially if there is something else in there.

 

[MarkDido]

"The only problem I foresee would be getting pulled over by a LEO. You going to try and throw on your jacket while pulling over for a traffic stop?"


Chuck it in the center console or glove box.

 

[MedWheeler]

Navy, the section quoted only states what is permitted, not what is prohibited. In Florida, prohibited acts are itemized in law, not prohibited simply by exclusion from lists of permitted acts. So, while OC in one's vehicle is likely prohibited, it's not by the section you quoted.
Also, read the last line of the section. In effect, it states that, when doubt exists, interpretation should be in favor of the right to keep and bear arms for lawful use.

Tkaction, the following is from the section of the law allowing licensees to carry. It does not specifically state that the concealed weapon/firearm must be carried on the person. After all, it is regarded as permissible to carry it in a briefcase or computer bag; if you set the bag on the table in front of you at McDonald's and let go of it, I think you're still good to go.

Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

 

[NavyLCDR]

Well, here's you prohibition on open carry in Florida, so you can decide what is "on or about the person" when that person is inside a motor vehicle:

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

 

[MarkDido]

NavyLCDR

I'm a little slow on the uptake today.

Congratulations!

 

[NavyLCDR]

Thank you!