# others take on this



## CSA (Oct 23, 2008)

I just got off the phone with a good friend of mine. He had called me up to let me know that a deputy in Milton had just informed him that he was illegally caring a concealed weapon in his car. My buddy does not have a concealed carry license. The officer told him that his loaded 357 in his closed console box was redally accessible and needed to be moved to his glove box. Which he did. 
Now my outlook on this, wouldn't a gun in a closed console box be considered encased which would not make it redally accessible.
What is your opinion?
And does anybody know for sure if it is illegal to carry a loaded gun in your console box.

I had been checked in the past (1 1/2 yrs ago) with one in my console box and the officer never said anything about it, I just informed him I had a pistal in my console,then he asked if I would step out and I did he ran my gun, wrote me a warning for rolling threw a stop sign and gave me my glock back with the magazine out. He didn't even ask me for a concealed weapons permit. Which I did/do have. Now this happened in Dixie county Fl,
But that should not matter.
Why the difference between the two?


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## Gravity3694 (May 10, 2011)

The key phrase in this instance is securely encased. In my opinion it's pretty clear that it is securely encased. The FL statute specifically lists glove box and I don't see a substantive difference with a center console.

Even though the LEO is wrong just smile and nod and if he lets you go just forget about it. Don't argue because it can make the mistake far worse and then you will have to prove your right after spending time in jail waiting on the state attorney to look at it and finally drop the case. There are proper channels to debate it and the best way is to contact the department and discuss the situation.


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## MikeG (Oct 5, 2007)

Yes its perfectly legal.


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## kaferhaus (Oct 8, 2009)

Never, ever argue with a Cop. Even if he's wrong, you're going to lose in the short term so why bother?

They're not lawyers and while most of them have a decent grasp of the law that's really not their job. Their job is to cite/arrest those that they have a reasonable belief that have violated the law.

And in this particular cops defense the law is a bit vague. Is a holster with a strap "encased"? If it's in a pistol rug on the passenger seat is that encased?

It's obvious that if it's in the glove box you'd have to reach across the other side of the car, open it, retrieve the pistol yada yada.

Is the pistol being "loose" in the console "encased"

Folks are arrested on a daily basis because of this sort of thing. I know the glove box is "settled law" as it's been ruled to be within the definition. I don't keep up with it because I've a permit and it's a non issue. If you have any worries about how it's going to be interpreted.... get the permit.

With Florida's "shall issue" law on concealed carry, it's kinda dumb in my opinion not to just get the permit and not worry about it.

It's so easy here in Alabama that it's a no brainer.


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## welldoya (Oct 5, 2007)

Carrying a firearm in the truck is one of the main reasons I got a permit. I don't want the legality left up to the interpretation of a LEO who may or may not know what he's talking about. With a permit, it's legal.
But others are right, don't argue. It can't turn out good.


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## MrFish (Aug 21, 2009)

I used to carry my pistol like that. Then I realized, to be legal, I would have to have my gun in an area of the vehicle that was not easily accessible. That defeats the whole purpose of carrying for protection. I also knew the law, but like stated before, I could still be detained while that law is being "deciphered" by the LEO at that moment. In the end, it was easier to get my CC permit and be done with it.


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## aaronious45 (Dec 15, 2011)

ive noticed every officer has a different outlook/interpretation of the law..they are usually cool about it around here though
"Even though the LEO is wrong just smile and nod and if he lets you go just forget about it."
exactly


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## thedudeabides (Jan 17, 2012)

aaronious45 said:


> ive noticed every officer has a different outlook/interpretation of the law..they are usually cool about it around here though
> "Even though the LEO is wrong just smile and nod and if he lets you go just forget about it."
> exactly


Just took a ccw class and that's exactly what the instructor said ... Every officer interprets that law differently and to never argue with them about it. My question is .... If the gun is in the glove box, does it still have to be in a case as well and does the glove box have to be locked? Thanks for any answers on this one.


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## SAWMAN (May 24, 2010)

*Question --->*

How much good will a firearm do you if it is not on your person ?? How much good will a firearm do you when you get out of your vechicle to pump gas,go into CVS,or go into Publix ?? 

How will you rationalize it away when a member of your family is assaulted(or worse) and you pull a ham sandwhich from out of your pocket ?? Then you follow the ambulance to the hospital carring your wife or daughter.

When invited to a gunfight,always bring a gun. --- SAWMAN


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## bigbulls (Mar 12, 2008)

The law as Florida defines it.

*“Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.*

Unfortunately the law, as it is written, leave too much room for interpretation.





> My question is .... If the gun is in the glove box, does it still have to be in a case as well and does the glove box have to be locked? Thanks for any answers on this one.


No, it does not have to be both in a holster and in the glove box. Just one or the other. The glove box does not have to be locked.

*“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.*


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## thedudeabides (Jan 17, 2012)

Thanks! I'm in the process of getting my permit .... Just don't want to get arrested in the meantime. :no:


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## snapperfan (Aug 30, 2009)

bigbulls said:


> * or in a closed box or container which requires a lid or cover to be opened for access.*


That pretty well describes a console, or a shoe box for that matter.


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## Clayjunky (Feb 17, 2010)

From a Walton County Deputy/ friend... 

"Well, I would say you're ok with it being in the center console but the law is only as good as the person interpreting it."


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## Suprman (Jul 11, 2011)

If I'm not Mistaken, FL is not a "Must Inform" State, So no need to tell the officer unless you are about to make a movement in the area that the gun is located. (not law, just common sense)

I really don't understand this part of FL law. I'm from Georgia and you can have your firearm anywhere in the car open or concealed without a license/permit as long as you are of age and not prohibited from owning a gun. You car is basically considered an extension of your home.

I often wonder how things would go down when I drive from GA to FL. I usually have my Gun carried openly in GA, I get in my car and drive to my property in FL, no stops once in FL except when I get to my own property. If stopped and questioned, I'll either remain silent or tell them i am coming from the range. But I don't understand why its any of their business what i do in my own car.

EDIT: I have a Georgia Weapons License that is Recognized in FL. It is Legal to OC in GA and on Private Property in FL, but am I to believe i am Breaking the law just because I don't stop at the border and conceal my gun? IMO that is absurd.


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## scubapro (Nov 27, 2010)

If you have a CWL, out in the open in the car is ok. Open carry on your person in FL is not ok, unless you are on your property.


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## Suprman (Jul 11, 2011)

scubapro said:


> If you have a CWL, out in the open in the car is ok. Open carry on your person in FL is not ok, unless you are on your property.


can you site the law, i always thought no mater what they want you to conceal even in your car. I'll have to check the laws again.


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## Az-Vic (Jan 7, 2012)

The handgun does not have to be concealed, it can be sitting right next to you on the bench seat of your pickup if you like, or on the passengers seat,or under your seat, anywhere in the vehicle. BUT; it "must" be in a zippered case, like the Kolpin cordura nylon rugs, or in a snapped holster, or a hard case. You do not have to possess a CWL to carry it in those conditions. Any particular officer might not like where you carry it, if only because or their ignorance, but the law is not predicated on an officers mood or grasp of the law.
Probably not good to argue on the roadside and go to ground over, but somehow an ignorant officer needs to get knowed up, most appropiately in front of the judge or from a superior after getting a phone call to advise of officers folly. If only to prevent him from mishandling the next incidence with a law abiding citizen.


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## SAWMAN (May 24, 2010)

*In Florida.......*

.........you do not have the obligation to inform a LEO that you are in possession of a lawfully carried concealed weapon. 

FOR ME....on most occasions I will not. If I have to interact with a LEO as in a traffic accident,I will not. If I am pulled over(lights and siren)I most certainly will. On my own property(not a 20 acre farm but a 1 acre house lot in the suburbs)I will not open carry. 

I have a loaded(condition 1) weapon in my truck(always). It is in my closed with a door,center console,in a holster. 

If I am ever stopped by a LEO or they approach me as a potential suspect, I will inform them of my weapon(s). I will state -->"Good morning/afternoon officer,I have been issued a permit by the state of Florida to carry a concealed weapon. I have one(or more) on my person now. It is/they are located _______. I will comply with your orders." I will inform the officer of EVERYTHING. Every "weapon". Firearm,blade,expandable baton,SAP,everything. 

I would highly recommend that at first contact with a LEO you do not shout out ....."I have a gun",followed closely with something about a permit. You probably will not get a chance to say anything about a permit cuz your mouth will be filled with fresh earth.

If there are LEO's on this forum,please give me(us) your feedback on the above procedures. Will this put you more at ease ?? Will this allow you to feel safer ?? Realizing your opinion is not the law,I do respect it, and will do what I can to make every experience with a LEO more pleasurable, and make it easier for him/her to do their job. --- SAWMAN


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