# Florida gun law quiz (open book)



## nathar (Jun 25, 2009)

We were starting to highjack a different thread, so...

Excerpts from Florida Statutes:

Lawful uses:

A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

A person firing weapons in a safe and secure indoor range for testing and target practice;

_A person traveling by private conveyance when the weapon is securely encased _or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;

A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place
of business or to a place of repair or back to his or her home or place of business;

A person possessing arms at his or her home or place of business;

“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.

End of excerpt.

Quiz: I have my semi-automatic pistol with a round chambered, full magazine installed, and the hammer de-cocked so that I have to just pull the trigger to shoot it. It is not in any type of holster. It is in a Tupperware container with the lid on, and it is sitting on my lap.

Question 1: How many steps does it take me to retrieve my pistol and shoot it?

Question 2: Does the number of steps even matter?

Question 3: A local county sheriff once stated that a pistol needed to be unloaded, snapped in a holster, and stowed in the glove compartment so that three steps were needed to access the weapon. Does he know what he is talking about?

Question 4: Does it bother you that the chief LEO for your country doesn't know the gun laws he is charged with enforcing?


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## nathar (Jun 25, 2009)

Excerpt from Florida Statutes:

(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.
History.—s. 1, ch. 65-410; s. 32, ch. 69-216; s. 32, ch. 73-334; s. 2, ch. 77-302; s. 2, ch. 82-131; s. 15, ch. 83-167; ss. 45, 49, ch. 83-334; s. 32, ch. 84-258; s. 68,

End of excerpt.

Question 1: I lay my hunting rifle on the rear seat of my truck and toss a bunch of cold weather gear on top of it. Am I breaking the law?

Question 2: My loaded pistol is underneath the passenger seat and not in a holster. Do I need a conceal carry permit to be legal?

Question 3: I get cold on the drive to the hunting area, so I reach back and grab my hunting jacket, exposing my hunting rifle in full view. Am I now breaking the law?

Question 4: Did I get my conceal carry permit because gun laws are confusing and LEO may be ignorant of the various laws?


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## Jason (Oct 2, 2007)

Quiz: I have my semi-automatic pistol with a round chambered, full magazine installed, and the hammer de-cocked so that I have to just pull the trigger to shoot it. It is not in any type of holster. It is in a Tupperware container with the lid on, and it is sitting on my lap.

Would depend on how an officer would "interpret" securely encased.

Question 1: How many steps does it take me to retrieve my pistol and shoot it?

No steps are recognized...

Question 2: Does the number of steps even matter?

Ifin you were to count the "steps" reach (1), open (2), grab (3). Old timer's use to say 3 steps.

Question 3: A local county sheriff once stated that a pistol needed to be unloaded, snapped in a holster, and stowed in the glove compartment so that three steps were needed to access the weapon. Does he know what he is talking about?

Hahahaha........mmmmmmm NO!

Question 4: Does it bother you that the chief LEO for your country doesn't know the gun laws he is charged with enforcing?

There is ignorance everywhere....I don't know the particulars you speak of but w/ the way things are today, nothing surprises me!

Question 1: I lay my hunting rifle on the rear seat of my truck and toss a bunch of cold weather gear on top of it. Am I breaking the law?

No.

Question 2: My loaded pistol is underneath the passenger seat and not in a holster. Do I need a conceal carry permit to be legal?

Yes.

Question 3: I get cold on the drive to the hunting area, so I reach back and grab my hunting jacket, exposing my hunting rifle in full view. Am I now breaking the law?

No.

Question 4: Did I get my conceal carry permit because gun laws are confusing and LEO may be ignorant of the various laws?

Might help, but even w/ a CC it won't save ya 100%.


My best suggestion is if you are encountered by a LEO, keep calm, keep hands visible, no furtive movements, no grabbing fer vehicle info if there is a firearm laying beside it. Let the LEO know you have a firearm and things "should" go smoothly. 

I have heard LEO's say some far fetched ideas of "legality" so there in lies the interpretation....There are also the state attorney's and judges that may have a different interpretation of the laws... My interpretation is mine and don't take it as the final say!!!


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## ranger250x (May 30, 2015)

Answer #1 : There is no law stating a certain number of steps should be made to be able to fire a firearm while in you vehicle.
Answer #2 : No.
Answer #3 : No he does not, but I/you wouldn't point that out to him. Thats what his superiors are for.
Answer #4 : Yes it does bother me. At the same time I have a very clear understanding of the carry laws in Florida and am also a permit holder. So chances are I wont have very many instances where a LEO and I dont agree with everything. Even if he is wrong. Prove it in court or request to talk to a supervisor or file a complaint later.


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## AndyS (Nov 22, 2011)

Jason said:


> Question 1: How many steps does it take me to retrieve my pistol and shoot it?
> 
> No steps are recognized...


Not even the "_Three steps towards the door?_" 

Q. If I am scuba diving with my Glock & shoot at lionfish just to see if I can ... have I broken any laws?


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## nathar (Jun 25, 2009)

Jason said:


> Question 2: My loaded pistol is underneath the passenger seat and not in a holster. Do I need a conceal carry permit to be legal?
> 
> Yes.


I'm going to have to disagree with you on this one. Note the word "or" in this excerpt of the statute:

"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."

It is concealed, it is not "encased," but it is otherwise not readily accessible to me, the driver (should have mentioned that I'm alone in the truck in this scenario).

I imagine that most LEO would cuff me and take me to jail, but I think a judge would drop the charges after a reading the statute.


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## nathar (Jun 25, 2009)

ranger250x said:


> Answer #1 : There is no law stating a certain number of steps should be made to be able to fire a firearm while in you vehicle.


You get extra credit. :thumbup: The three step thing is a myth, and I heard the Sheriff of Escambia County talk about the "three steps" on a local radio program.


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## Jason (Oct 2, 2007)

nathar said:


> I'm going to have to disagree with you on this one. Note the word "or" in this excerpt of the statute:
> 
> "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."
> ...


Even if you were in the driver's seat, a gun under the front passenger seat would be readily accessible....Heck I could probably grab it under the passenger seat rather then dig around under the drivers seat fer 1. Ohhhh and you did not specify which seat you were in and if you were on your own property,,,,,hahaha


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## nathar (Jun 25, 2009)

Jason said:


> Even if you were in the driver's seat, a gun under the front passenger seat would be readily accessible....Heck I could probably grab it under the passenger seat rather then dig around under the drivers seat fer 1. Ohhhh and you did not specify which seat you were in and if you were on your own property,,,,,hahaha


Excuse me a moment Mr. Carjacker while I put my truck in park, raise the center armrest, dive down onto the passenger floorboard, stick my hand under the seat and fish around for my pistol.

No. Readily accessible would be wedged between the driver and passenger seat inches from my right hand, which is where I carry mine when I'm driving.


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