Question about carrying in car without CCW (in FL)

[Joey_the_Wolf]

hi,

I live in Florida, and I have a quick question about carrying a handgun in a car. I am 20 years old, but in less than a month I will turn 21 and apply for a CCW. Now, at the moment, my job requires me to transport people for medical insurance companies, stuff like picking them up at their house and driving them to therapy, doctors, etc. They are normally decent people, but since I am driving around all day long, and sometimes to less than stellar areas of town, I decided to start carrying my legally owned 1911 pistol in my car. It's in the center console compartment, out of sight, and in a holster. It is not on my person at any time. Now, according to FL law, I can carry anything I want so long as it is in an encased container and "not readily available for use". Also according to FL law, a briefcase or a glove compartment counts as an encased container, so no problems there so far (please correct me if I'm wrong). My question is, am I able to legally do this since I'm not 21? If I get stopped by the cops, do I need to volunteer the fact that I have a gun, or do I keep quiet unless directly asked? Any tips, hints, etc? I'm fairly new to carrying, so any advice at all would be appreciated. Thanks.

 

[Wes Janson]

I'm not a lawyer, but my situation is very similar to yours. From reading Gutmacher's book (and you HAVE bought and read through it, right? right?) and going over Chapter 790 repeatedly, my understanding is that you're completely legal to have a loaded handgun in or out of a holster inside your glovebox or console, provided that you have to actually open something to get to the firearm.

The catch is, how many LEOs know what the law actually says? An FHP trooper might, but maybe an HSO deputy won't. Or vice versa. It might be very prudent of you to keep a copy of Gutmacher's book in the glove box, in case you get hassled over it.

Remember also that you can't drive onto school property, or you're committing a felony. And that if anyone breaks into your car, you're going to lose several hundred dollars plus whatever else they take.

As for what to provide to a cop...I can't say. If you're in the habit of possessing illicit substances on your person or in your vehicle, or engaging in various risky behaviors, then carrying in the car might aggravate the situation considerably if you get caught. I'm not aware of any legal requirement to immediately tell an officer during a traffic stop that you're in possession of a firearm, but that's not to say there might not be such a law buried somewhere (don't think so though). If pulled for speeding, I personally would answer the questions truthfully but not volunteer the information unless asked. YMMV.

 

[genxsis]

Personally, I wouldn't say anything unless they ask. And if they suspect anything to make them do a search, they will ask.

 

[Joey_the_Wolf]

Thanks for the info, and as for giving them info, I didn't plan on, I was just wondering if I was required to, since some states do require it. I've only gotten stopped once before, and they just asked me the usual "do you have anything illegal in the car?" to which I truthfully responded no, and then everything went along without any other problems. Had I had a gun in the car that day, nothing would have changed, so I'm not too worried about that. I jut wanted to be sure I was legal. I *don't* want to do something stupid when I'm just weeks away from being able to get a CCW...

 

[CDignition]

It is Legal to have a loaded gun in your Glove box...the center console also qualifies as a glove box and that is also legal(as long as it has a lid and latches shut).

Just remember its there if you get pulled over...have your papers in a different location as to not scare cops...

there IS no "3 Step rule" or any such nonsense like that....

Don't volunteer info unless asked, and it is legal for you to have it since Law states that you can have a handgun under 21, just cant buy a new one from a dealer(Stupid, huh??).

 

[Hkmp5sd]

Here's the law. Put a copy in your car so you can educate the LEO if he is a little shakey.

790.25 (5)
(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.

http://www.flsenate.gov/Statutes/in....HTM&Title=->2006->Ch0790->Section 25#0790.25

790.001 Definitions
(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.

http://www.flsenate.gov/Statutes/in...TM&Title=->2006->Ch0790->Section 001#0790.001

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