Man arrested for Glock under seat

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I see not the words "hitchhiker".
It could have been giving a friend a ride, maybe a gun wary friend.....

But since one person says it... like sheep.

Anyway.
Gun, in a car. Is it a concealed weapon if the "cop can see it also"?

This could totally blow the case out of the water. "I could see the "concealed" weapon on the floor" Jury goes "what" walk out, 2 hours of your life wasted for cops not knowing the law.
 
Why was it necessary for the report to focus on the fact that the handgun was a Glock? Is that mediaspeak for "evil"?

Would it have made a difference had the gun been a Ruger? Or a Colt SAA?
 
Anyway.
Gun, in a car. Is it a concealed weapon if the "cop can see it also"?

This could totally blow the case out of the water. "I could see the "concealed" weapon on the floor" Jury goes "what" walk out, 2 hours of your life wasted for cops not knowing the law.
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It's not a concealed weapon if the cop can see it, but it never said he was charged with carry a concealed weapon either.

The weapon, assuming it wasn't in a holster, wasn't securely encased according to Florida requirements. That will cause a problem.

But again, we don't know if it was in a holster or not. If it was, then the charges should be dropped.
 
Did I miss something or did the story say "20 years old"? I know there are ways for sub 21 year old to legally aquire a pistol, but that jumped out to me more than any of the hitchhicker sub- story :scrutiny: !
 
Did I miss something or did the story say "20 years old"? I know there are ways for sub 21 year old to legally aquire a pistol, but that jumped out to me more than any of the hitchhicker sub- story !
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Might want to go check the laws in Florida.
 
The question was asked...

One poster asked why my door was unlocked. Well, IT JUST WAS. Actually, it was about 13 years ago, before I started carrying or worrying about the meaning of life and the universe and everything. I was driving down I-75, south of Macon, and I pulled off the interstate to get coffee. While at the end of the off-ramp, trying to decide which way to go, the dude just jumps in my car and starts talking. I didn't even see him until he was inside the van. JUST CALL ME FAT, DUMB AND HAPPY... and lucky.

I would wonder, though, about whether the law in Florida applies to a PARKED car. My wife and I have often stowed our concealed guns under a seat or a floormat when we go into a post office or courthouse. In these cases, I wouldn't interpret the Florida law regarding gloveboxes to apply. The car is not a vehicle when it is stopped. It is just a storage container.

Wow, I really wish I was the lawyer for the Glock guy. It would really be fun playing with his life and my layman's understanding of the law!

- - - Yoda


Blame Congress
 
That's the beauty about Florida. You can carry a holstered weapon any where in your car without a permit as long as it's not concealed on your person.
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Um.... not even close.

You need to take a look at the laws again.

If after that you still think the above, I suggest you get a lawyer's business card and keep it handy.....

IANAL - but here is my take:

if the gun was immediately visible, then he is being cited for the wrong statute - it's open carry and he should win the JOA. If the gun was not immediately visible, then he's screwed. If this is his first offense, he'll probably get a year in jail or a few years of probation. I believe max on this is 5 years FSP, no?
 
i thought a pawnshop that sold guns has to have an ffl. if so, they're in trouble.:eek:

also, there are hookers all over ft. walton. they usually bust 4-6 every week.
 
Who said the pawn shop didn't have an FFL? If you are inferring that it didn't because the gun arrestee had a gun from a pawn shop and the arrestee wasn't 21, then the query is, Who said the arrestee was the one who purchased the gun at the pawn shop?
 
So what?

That's the beauty about Florida. You can carry a holstered weapon any where in your car without a permit as long as it's not concealed on your person.XDKingSlayer
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Well I didn't know. (Never mind.) :banghead::banghead::banghead::banghead::banghead:
 
Well, reading between the lines, I'm guessing that the fellow moved it from the glovebox to the seat side in view of the hitcher. Who, after he got his ride, proceeded to call the cops on a cell phone.

Last time I was in a car that picked up a hitcher, we had four football players in a volkswagen bug on I-75... Along with beer and good weed. After about five miles, the fellow decided that he had reached his destination.
 
Never pick up hitchikers:rolleyes:

The optispark on my 9C1 went out 20 miles from home. A couple in their 50s picked me up, gave me a ride to my house, and refused gas money when I offered.

A while later on that same car something rubbed through the hot wire, shorted it, and that melted the battery terminal off of it. Yes, it melted the terminal off of the battery. I got a ride then to. I offered gas money, and it was refused.

I lost a Ujoint on I26 one day. Someone picked me up, took me to the parts house, and then back to my car. As always, I offered gas money, and as always, it was refused.

I've never had to walk far, and I'm far from a clean cut guy. If I dont have the wife and kid with me, I play the odds and offer someone someone help and/or a ride. As always, they'll offer gas money, and I'll refuse.

In one case I did have my daughter with me. I saw a car on the side of the I26 with the flashers going, and later saw a woman walking down the shoulder carrying her four year old son. When I asked why she left her car, she said she was sitting there for an hour, and no one stopped. Nor did anyone stop for a 35 year old woman carrying her four year old son for the mile between her car and mine. This is the only time I've taken payment for giving someone a ride. She replaced the 1 liter aquafina that I gave to her and her boy.
 
Xd is right.

XDKingslayer Says:
That's the beauty about Florida. You can carry a holstered weapon any where in your car without a permit as long as it's not concealed on your person.
Click to expand...

.Cheese Says
Um.... not even close.

You need to take a look at the laws again.

If after that you still think the above, I suggest you get a lawyer's business card and keep it handy.....

IANAL - but here is my take:

if the gun was immediately visible, then he is being cited for the wrong statute - it's open carry and he should win the JOA. If the gun was not immediately visible, then he's screwed. If this is his first offense, he'll probably get a year in jail or a few years of probation. I believe max on this is 5 years FSP, no?
Click to expand...

According to Attorney Jon H. Gutmacher Esq. , who is considered one of Florida's foremost experts on Florida Firearms Law, XDKingslayer is absolutely correct. in Chapter Six: "TRANSPORTATION AND CARRYING OF WEAPONS, AND FIREARMS" Gutmacher specifically states : " a. in a holster - anywhere - loaded or unloaded". I highly recommend his book for all Florida gun owners. It can be found at: www.FloridaFirearmsLaw.com
 
This violated the 3 of the four basic rules ;





Don't go stupid places.

Don't do stupid things.

Don't be around stupid people.

If you were wondering * yes it will * so don't.


;)
 
Question for "Old School"

What about the doctrine of competing harms? If the glove box could not be locked, then it would seem a prudent measure to remove the gun from the glove box and stow it elsewhere, out of the reach of the hitch-hiker. This would be even more justifiable if the hitch-hiker were a minor, give Florida's safe storage laws.

- - - Yoda

Blame Congress

=================
 
According to Attorney Jon H. Gutmacher Esq. , who is considered one of Florida's foremost experts on Florida Firearms Law, XDKingslayer is absolutely correct. in Chapter Six: "TRANSPORTATION AND CARRYING OF WEAPONS, AND FIREARMS" Gutmacher specifically states : " a. in a holster - anywhere - loaded or unloaded". I highly recommend his book for all Florida gun owners. It can be found at: www.FloridaFirearmsLaw.com
Click to expand...

I have his book. However, I disagree on this point. The basic idea in "securely encased" (I'm assuming the Glock didn't qualify as not readily accessible) is that there is a step removing the user from being able to immediately use a gun. With most holsters, you have to take the gun out of the holster, to pull the trigger - BUT, the personal conveyance exemption from the CCF law applies to concealed carry. So, if a holster is superglued to say - the window of your car, and the gun is in it, it's in a holster, and securely encased, but not concealed in any way, so the personal conveyance exemption doesn't apply. I agree with XDKingSlayer on his point, minus the word "anywhere".

I'm not disagreeing with the idea of a holster. I'm disagreeing with the idea of anywhere.

I'll tell you what though. I'm on my way to work (legal intern), I'll double check the statutes and if the boss is cool with it, I'll even check Westlaw for case law on the issue.

IANAL - and I don't know everything. So, there is a possibility I'm wrong in this. I'll check during lunch.

It still isn't applicable to this case though. Assuming the guy is charged with CCF without a license, the gun wasn't in anything at all, so it doesn't come anywhere close to securely encased.
 
What about the doctrine of competing harms? If the glove box could not be locked, then it would seem a prudent measure to remove the gun from the glove box and stow it elsewhere, out of the reach of the hitch-hiker. This would be even more justifiable if the hitch-hiker were a minor, give Florida's safe storage laws.
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I don't recall there being exceptions to the law such that you get to break the law because you voluntarily do something that puts you in a position where not breaking the law would be unsafe. The obvious choice is to then NOT deal with the hitchhiker/rider.
 
cheese I think the Florida law is clear, as is their explanations of the laws they provide.

By their definition a holstered weapon sitting on your dash board for all the world to see is legal.

Please tell me what you disagree with on the "anywhere" part. I'd like to know what areas of a vehicle you feel a holstered weapon can't be.

I've done a precursory search on Westlaw for case law and didn't find anything.
 
cheese I think the Florida law is clear, as is their explanations of the laws they provide.

By their definition a holstered weapon sitting on your dash board for all the world to see is legal.

Please tell me what you disagree with on the "anywhere" part. I'd like to know what areas of a vehicle you feel a holstered weapon can't be.

I've done a precursory search on Westlaw for case law and didn't find anything.
Click to expand...
I interpret the book this way too. While I accept Gutmacher's interpretation based on his experience and knowledge of Florida case law, I am not a fan of pushing my luck either. He makes it clear time and again that just because it is the law, it does not mean that police will know the law. So, for me, if the need arises, I will store in a holster and in the console or glove box.
 
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