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HardcoreHehaw
06-09-2007, 08:57 AM
So as must of us know Florida did away with the whole 3 step thing for vehicle concealment because no one could clearly define a step. So now it is legal for anyone to carry a gun so long as it is in a holster with a thumbsnap over the hammer and is then stored in a compartment that you have to manipulate to open (glovebox, center console armrest).

So now that I have my concealed weapons permit am I allowed to carry a gun in my vehicle however I want?
I found a new way to carry in my vehicle that I like and I'm hoping it's legal.
I wedge the gun and holster inbetween my seat and center console, right infront of my seat belt buckle, the holster is not snapped shut and the handle protrudes above the seat just enough for me to grab it easily in the event of an emergency, unlike before when I would have to open the center console, grab the gun, unsnap the holster.
I drive a lifted truck with tinted windows so the gun is not in plain sight.
I was going to attach pictures here but my camera batteries just died, they're charging, If it's hard to picture exactly how I have my gun stored I'll provide photos in an hour or so.

nugun55
06-09-2007, 11:00 AM
Concealed permit means concealed on your person. I don't think it changes anything, as far a vehicle transport.

Baldy
06-09-2007, 11:04 AM
The key word is concealed. You can lay it on the front seat and put a hat over it or a rag or such. If you wedge it down in the seat and put something over it you are legal as long as nobody looking in can tell there's a gun under the hat. Your license is for conceal carry.

Chad
06-09-2007, 11:35 AM
I think your truck carry method would need to be concealed if someone, such as an LEO, came up to your open window and looked in.

BTW...it is not necessary to keep a gun in a thumbstrap type holster for non-permit vehicle transport.
A loaded gun in a console or glovebox with no holster is just as legal.

HardcoreHehaw
06-09-2007, 02:01 PM
I think your truck carry method would need to be concealed if someone, such as an LEO, came up to your open window and looked in.

BTW...it is not necessary to keep a gun in a thumbstrap type holster for non-permit vehicle transport.
A loaded gun in a console or glovebox with no holster is just as legal.
When I took my concealed weapons class the instructor told us that it is legal for anyone to carry a loaded weapon so long as it met those two requirements, holster thumbsnap and glovebox. Then an Orlando Police officer confirmed it.

So then the arguement for my case is, what defines concealed? No one can see it unless they are actually inside my truck. And what would the charge be if I was ever arrested for something like that?
So if I just lay a rag over top of it, it's concealed and perfectly legal?

BigDog
06-09-2007, 02:14 PM
Not to sound rude or any other word meaning the same.


The definition of concealed is REALLY simple. Securely encased AND CONCEALED.


Making sure nobody can see or even identify what or where the gun is. It can be in a cigar box on your passenger seat driving down the road. Nobody knows what's in the box.


Simply put it where nobody can see it. Period.

HardcoreHehaw
06-09-2007, 02:35 PM
Not to sound rude or any other word meaning the same.


The definition of concealed is REALLY simple. Securely encased AND CONCEALED.


Making sure nobody can see or even identify what or where the gun is. It can be in a cigar box on your passenger seat driving down the road. Nobody knows what's in the box.


Simply put it where nobody can see it. Period.
Well no one can see it from outside the vehicle, so does that mean it's concealed? It is "CONCEALED" inside my vehicle.

BigDog
06-09-2007, 02:57 PM
Get somebody you know and ask them what is under the (Rag, towel, whatever you use) and see if they know what it is. If anybody looks and can notice that there is a gun there even if they cant see it, your going to jail. No questions asked.

Chad
06-09-2007, 03:20 PM
When I took my concealed weapons class the instructor told us that it is legal for anyone to carry a loaded weapon so long as it met those two requirements, holster thumbsnap and glovebox. Then an Orlando Police officer confirmed it.
That just goes to show you that neither being an LEO or an instructor makes you knowledgeable of the law.

This is the law...in this case the definition of "securely encased" in the Florida Statutes:
(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.
Note that securely encased means any one of the means listed, not a combination of two or more. That is, in a glove compartment, OR snapped in a holster, OR in a zippered gun case...etc.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=-%3E2006-%3ECh0790-%3ESection%20001#0790.001

HardcoreHehaw
06-10-2007, 10:17 AM
So buy Chad's definition if it is in a snapped holster it is "securely encased" and perfectly legal?
But then if it is in plain sight it is no longer legal?
So if it is "securely incased" (snapped in a holster) then wedged inbetween the seat and console to where it is not visible I'm not breaking the law?

BTW,
I'm not trying to argue with anybody I'm just trying to understand.

Chad
06-10-2007, 10:47 AM
BTW,
I'm not trying to argue with anybody I'm just trying to understand.
No problem...gun laws can be insanely confusing!

Before I had my permit I would carry in a zippered case on the rear seat floor where I could easily reach it.
I assume I could have done the same thing with a thumbreak type holster...but I would have kept a towel or something handy to cover it if needed.

The way I understand it, your method would be legal with or without a permit as long as the gun isn't visible.
It seems that the possibility of it being visible is what's causing the confusion and potential illegality.
Even reading the statutes and Jon Gutmacher's book doesn't provide a clear answer.

Jon Gutmacher says in his book that vehicle/gun laws are some of the most confusing.

Mr.GotGuns
06-11-2007, 01:21 PM
They are the most confusing. Plus they keep changing the laws too

flshot
06-22-2007, 07:45 PM
How I see the whole "LAW" thing is that they try to make it like a shakespere poem. If they simply said. Make sure the gun is not visable or even noticeable. Thats all they have to say. They got to use the word "Securely encased". STOP WITH THE 1800 BULLCRAP and cut to the chase government.

RojasTKD
06-28-2007, 01:45 PM
790.25 Lawful ownership, possession, and use of firearms and other weapons.--
4) CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.

(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.


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.

No licence needed to carry concealed in a private conveyance (car) if "securely encased" (Glove box, Zipped case, snap holster... bla bla bla). And the law is to 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

So, seem securly incased and concealed and not on or about you person is the key for non-CWL holders.

790.01 Carrying concealed weapons.--
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

A person licensed to carry a concealed weapon my carry "on or about his or her person" a weapon or electric weapon or device. So if your a CWL holder in you car you can carry you weapon "on or about his or her person". It should still be concealed. I understand "concealed" to mean to "be out of ordinary view". I would imagine the method you mention would make you fire arm out of ordinary view and place it "on or about you body". I don't know how visible it is when you place it between the seats, but I have done it where it can not easily be seem unless you in the car looking right down on it. if you n a large vehicle (high off the ground) it's virtually impossible for anyone to see.

LurkMastR
06-28-2007, 02:36 PM
I haven't seen it said here yet, so I'll say it:

I highly recommend Jon Gutmacher's book "Florida Firearms - Law, Use, & Ownership". If you don't have it, get yourself a copy and read it. It is very informative and will address many of the questions/issues you typically see on the gun forums in the legal questions section.

If you don't know, Jon Gutmacher is a criminal defense attorney and criminal trial lawyer in Orlando. He's also a gun enthusiast and an NRA Certified Firearms Instructor.

I need to read it again myself to refresh the brain cells.

rmw1911
06-29-2007, 09:21 PM
The way I understand it, your method would be legal with or without a permit as long as the gun isn't visible.


His method of carry in the vehicle is ONLY legal because he has a permit. If he did not have the permit he would go to jail. To carry in a vehicle with out a permit the handgun must be in some type of container. weather its a zippered case, a duffel bag, brief case, glove box, or center console as long as you have to open something to get to it.

With a permit you can lay it on the dash and throw a T-shirt over it as long as NOBODY can tell its a gun

Bucky69
07-10-2007, 08:40 PM
With a permit you can lay it on the dash and throw a T-shirt over it as long as NOBODY can tell its a gun

To the best of my knowledge, rmw1911 is correct. However, because the securely encased requirement is meant to make you think about what you are doing - to give you a second or two to think about pulling the weapon before you do, it seems odd that it would not apply to a permit holder- unless of course the assumption is that the permit holder understands the implications of pulling the weapon better than the non-permit holder. Don't we just love these gray, ill-defined areas of the CCW law?

Sesf
07-15-2007, 11:15 PM
If you get pulled over and an officer at your window can see any part of it and is able to identify it as a weapon you will be in trouble. I already know.

Bucky69
07-19-2007, 08:40 PM
If you get pulled over and an officer at your window can see any part of it and is able to identify it as a weapon you will be in trouble. I already know.

Can you tell us how you already know? Did something happen to you?

welldoya
07-27-2007, 08:07 PM
I have a permit and carry an S&W .38 on the seat beside me with a golf towel over it.
If I happen to get stopped, I will hand the LEO my driver's license and permit so that he knows
there is a gun in the truck. In fact, some states require you to notify the officer that there is a gun in the vehicle.
From what I understand, after he runs your driver's license, he will know you have a CCP so you might as well be upfront about it.
I have read many posts on other forums where the LEO appreciated the the driver letting him know and in many cases just gave the guy a warning and stood there and talked guns with them for a few minutes.

rmw1911
07-30-2007, 02:24 PM
I have a permit and carry an S&W .38 on the seat beside me with a golf towel over it.
If I happen to get stopped, I will hand the LEO my driver's license and permit so that he knows
there is a gun in the truck. In fact, some states require you to notify the officer that there is a gun in the vehicle.
From what I understand, after he runs your driver's license, he will know you have a CCP
so you might as well be upfront about it.
I have read many posts on other forums where the LEO appreciated the the driver letting him know and in many cases just gave the guy a warning and stood there and talked guns with them for a few minutes.

What state do you live in? In Florida you do not need to inform the officer of any weapons unless you are asked. And your CWP does not show up when your DL is run. There are too many self righteous cops that think only they be allowed to possess or handle a firearm.

I was stopped a month or so ago, and the ONLY reason I told the officer I had a permit and a gun was because I had not taken it out of the glove box yet. I had to open the glove box to get my insurance card and registration. At first I saw it as a professional encounter, but the more I think about it I realise It was not.
After telling him I had my gun in the glove box, he walked over to the passenger side of my car reached in through the window and opened my glove box and removed my firearm, removed it from the holster, removed the mag, and ejected the round from the chamber. I was not happy. If the state of Florida and the united states of America think I'm responsible enough to carry a gun this paranoid cop should have left it where it was. Afterwards we did talk guns for a brief minute. He told me if it weren't for his service weapon, he would not have ANY guns.

I will never inform again unless I MUST expose it to get something.

ntech
08-23-2007, 03:17 AM
I see that it is legal for a person without a CWL to carry a handgun encased in the glove box of a vehicle. However, I have not seen any mention of whether the firearm can be loaded or not. Does anybody have links to where I can find that information?

rmw1911
08-29-2007, 07:47 PM
I see that it is legal for a person without a CWL to carry a handgun encased in the glove box of a vehicle. However, I have not seen any mention of whether the firearm can be loaded or not. Does anybody have links to where I can find that information?

It can be loaded or unloaded in the state of Florida. Anyone legally permitted to own a firearm, can carry in his or her vehicle. look up Florida statute chapter 790

http://www.flsenate.gov/Statutes/index. ... 07&Title=- (http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm&StatuteYear=2007&Title=-)>2007->Chapter%20790

ntech
08-29-2007, 10:24 PM
Which section of 790 tells of the requirments for the handgun being loaded/unloaded? I looked through it and couldn't find any information.

BasketCase
08-30-2007, 08:35 AM
I will never inform again unless I MUST expose it to get something.
That is why I carry my paperwork in my wallet instead of the glove box. If you open a glove box in front of a cop you can bet they will look into it because they can use anything they see against you. Of course they are probably hoping to see some pot not a gun but the result is often the same.

I have been stopped 3 times while carrying. I never informed them that I was carrying and they gave absolutely no indication that they knew.

john in jax
10-24-2007, 01:40 PM
Whether you have a CWP or not the reason you want it concealed is that there are plenty people that freak-out when they see a gun. Over on another forum I read where a forum member and CWP holder "printed" when he got out of his car at a gas station/convenience store. He went in, got a drink and went back to his car and started pumping gas - - the police arrived soon thereafter. You never know when the soccer mom in her tall SUV or anti-gun liberal in their Hummer might look over, spot your gun through the window and call 911. You might be completely legal, but you still have to deal with the hassle of explaining everything to the cops.

If the gun is concealed when it is tucked down between the seat and center console I say go for it. I used to carry a .45/.410 derringer sandwiched between my seat and the center hump of my old 1973 Firebird, but it was completely invisible from inside and outside the vehicle.

Stay safe and stay legal
John

SmallTony
11-04-2007, 03:55 PM
I will never inform again unless I MUST expose it to get something.
That is why I carry my paperwork in my wallet instead of the glove box. If you open a glove box in front of a cop you can bet they will look into it because they can use anything they see against you. Of course they are probably hoping to see some pot not a gun but the result is often the same.

I have been stopped 3 times while carrying. I never informed them that I was carrying and they gave absolutely no indication that they knew.

Interesting post or thread here guys. For someone new trying to learn what I can about being able to carry a gun legally in my car. Until I get my permit I still want to know all I can.

Yet as I read this thread and I assume some of you that answered are experienced yet there still seem the law to still be in a "Gray" and confusing about what is the law and concealment. Good points on note keeping your paperwork in glove box..

Anyway, being Florida and wanting to follow the law so when I get pulled over is there a for sure law to follow? So if you have your permit...someone mentioned keeping it a holster in the counsel or can it be with out a holster as long as it is in the cousel of glove box and loaded?

SmallTony
11-04-2007, 03:58 PM
Not to sound rude or any other word meaning the same.


The definition of concealed is REALLY simple. Securely encased AND CONCEALED.


Making sure nobody can see or even identify what or where the gun is. It can be in a cigar box on your passenger seat driving down the road. Nobody knows what's in the box.


Simply put it where nobody can see it. Period.
Well no one can see it from outside the vehicle, so does that mean it's concealed? It is "CONCEALED" inside my vehicle.

What if someone breaks into your vehicle just to steal the car and comes across your legal gun in your glove box and takes the car and committs a murder or armed robbery? How responsible are you in this situation?

SmallTony
11-04-2007, 04:03 PM
How I see the whole "LAW" thing is that they try to make it like a shakespere poem. If they simply said. Make sure the gun is not visable or even noticeable. Thats all they have to say. They got to use the word "Securely encased". STOP WITH THE 1800 BULLCRAP and cut to the chase government.

So it seems people interprut these laws into their own views and if the laws keep changing and if the people who really want to follow the law can be sure when they are pulled over they don't go to jail for having a concealed weapon on them?

And it the same term what if the cop thinks the way you conceal it is not to his liking but you honestly thought you legally had it concealed to your knowing of the law?

SmallTony
11-04-2007, 04:13 PM
I have a permit and carry an S&W .38 on the seat beside me with a golf towel over it.
If I happen to get stopped, I will hand the LEO my driver's license and permit so that he knows
there is a gun in the truck. In fact, some states require you to notify the officer that there is a gun in the vehicle.
From what I understand, after he runs your driver's license, he will know you have a CCP
so you might as well be upfront about it.
I have read many posts on other forums where the LEO appreciated the the driver letting him know and in many cases just gave the guy a warning and stood there and talked guns with them for a few minutes.

What state do you live in? In Florida you do not need to inform the officer of any weapons unless you are asked. And your CWP does not show up when your DL is run. There are too many self righteous cops that think only they be allowed to possess or handle a firearm.

I was stopped a month or so ago, and the ONLY reason I told the officer I had a permit and a gun was because I had not taken it out of the glove box yet. I had to open the glove box to get my insurance card and registration. At first I saw it as a professional encounter, but the more I think about it I realise It was not.
After telling him I had my gun in the glove box, he walked over to the passenger side of my car reached in through the window and opened my glove box and removed my firearm, removed it from the holster, removed the mag, and ejected the round from the chamber. I was not happy. If the state of Florida and the united states of America think I'm responsible enough to carry a gun this paranoid cop should have left it where it was. Afterwards we did talk guns for a brief minute. He told me if it weren't for his service weapon, he would not have ANY guns.

I will never inform again unless I MUST expose it to get something.

So rmw1911...Your story above has me concerned. You were the good citizen and told him there was a gun. So he goes over to your glove box and pulls it out and empties it? Is this allowed if you have a permit?

Boy what if you had been pulled over by one of those loud mouth ego maniac cops that got picked on in high school and has a badge because he never got respect. I wonder how each cop would react? How can they be mad if you have a legal permit to carry a gun in your vehicle?

Lastly, When a cop asks you if you have a gun in the car do you have to tell him by law? I know I know I am going to buy that book that everyone suggest I read but until then I thought I would ask questions? Thanks,

lkldpackin
11-04-2007, 04:20 PM
I am a new member and have learned so much in one day.

Thank you all.

avmech
11-08-2007, 08:06 AM
I will never inform again unless I MUST expose it to get something.
That is why I carry my paperwork in my wallet instead of the glove box. If you open a glove box in front of a cop you can bet they will look into it because they can use anything they see against you. Of course they are probably hoping to see some pot not a gun but the result is often the same.

I have been stopped 3 times while carrying. I never informed them that I was carrying and they gave absolutely no indication that they knew.

Same here: DL, registration, and insurance card are in my wallet................also remember that if your vehicle gets stolen, the registration/ins card are not in it..............if pulled for a traffic violation, perp does not have the paperwork (say it happens before you report it stolen)

Sykotic 101
11-08-2007, 08:44 AM
Over on another forum I read where a forum member and CWP holder "printed" when he got out of his car at a gas station/convenience store. He went in, got a drink and went back to his car and started pumping gas - - the police arrived soon thereafter.

Stay safe and stay legal
John

John,

I was that member. According to the officer, Florida has no law that requires you to have the weapon "deeply" concealed. In onther words, it has to be covered, and must not be detected by plain sight. Howevert, that still leaves a lot in the gray area. I would say that if you are wearing IWB, and have a loose polo shirt covering the gun, you are ok. However, the way the officer put it, it is in the intent. If you leave your house wearing an IWB holster, a double-stack, full-frame Glock 22, and you are wearing a form-fitting tank top, you are intentionally "printing" the weapon, and therefore it is no longer concealed. If you dress the part, and it is obvious that you were not trying to show off your carry, if the cops are called, they will be understanding, just like the one in my case was. Your biggest concern comes in when you actually show the steel/polymer part, or "flash the muzzle," as some OWB pancake and paddle holsters will cause you to do. Then you truly are in trouble, if someone calls it in.

hogdogmike
11-08-2007, 09:35 AM
[/quote]

What state do you live in? In Florida you do not need to inform the officer of any weapons unless you are asked. And your CWP does not show up when your DL is run. There are too many self righteous cops that think only they be allowed to possess or handle a firearm.

I was stopped a month or so ago, and the ONLY reason I told the officer I had a permit and a gun was because I had not taken it out of the glove box yet. I had to open the glove box to get my insurance card and registration. At first I saw it as a professional encounter, but the more I think about it I realise It was not.
After telling him I had my gun in the glove box, he walked over to the passenger side of my car reached in through the window and opened my glove box and removed my firearm, removed it from the holster, removed the mag, and ejected the round from the chamber. I was not happy. If the state of Florida and the united states of America think I'm responsible enough to carry a gun this paranoid cop should have left it where it was. Afterwards we did talk guns for a brief minute. He told me if it weren't for his service weapon, he would not have ANY guns.

I will never inform again unless I MUST expose it to get something.[/quote]

Agreed - no offense to LEO's but there are some who only train/practice to qualify and maintain their job. Not being critical here, just based on some observations and conversations with LEO's. I recommend placing your Reg/Ins in the the visor of the vehicle to preclude opening anything in the vehicle that may expose a weapon. I too would become a little edgy if I stopped someone who opened a glove box with a weapon in it; hey, they don't know who they are stopping, permit or not.

HogManMagnum
04-26-2008, 06:12 PM
old thread but im still gonna throw in here...

by now we all understand the "securely encased" law. unfortunatly, some cops dont. i have heard, both on forums and in real life, stories of people being harrassed and even arrested because the officer wasnt clear on the carry laws. for example, a friend of one of my shooting buddies got arrested because he had a gun in a thumb-strap holster under his seat. the cop seemed to think the law required it to be in the holster AND in the glove. another one involved a cop who arrested a guy because he thought a fully loaded gun in an unlocked glove box violated the '3 step rule'. that guy sued the cop and won.

FL law doesnt require u to inform the cop (and i wouldnt bother telling them unless i consent to a search, and thats not a normal occurance during a traffic stop) so just use common sense. dont have it out in the open where it can be seen and dont have it in the glove if u keep ur papers in there.

i dont keep my gun in the glove, i keep it in the pocket behind the passenger seat in a nylon thumb-snap holster. i drive a american 4-door and the passenger seat back is easier for me to reach in a hurry then the glovebox. if i kept it in the glove i would keep my paperwork elsewhere and if i had my CCW i would keep it on the passenger seat with a towel over it

just be smart and be safe

deathpriest
04-26-2008, 09:57 PM
I have CCW. I typically carry in a fanny pack. I drive a mint condition Ford Sport Trac, I do not think I have a criminal appearance, at least I have never been accused of it. My traffic record is good. Maybe 4 speeding tickets in the last 10 years, 3 had been dismissed :)

I was stopped for a traffic violation.Two cops were there on the scene. While to one on my side asked me for my papers, the one on the passanger side aske dme if I had a firearm in the car. I had nothing to hide so I said yes. That officer point me with his glock and asked me where it was way before I could even tell him I had a permit. He also wanted me to remove the fanny pack but he did not want me to move my hands from the wheel. The officer the was on my side looked as surprised as I was. Two more police cars showed up at the scene. Worst experience I ever had. I was stopped before but, never asked if I was carrying so, the question cought me off guard.

Should I've said I did not have a fire arm? Would've this be worst?

Lastrites
04-27-2008, 07:37 AM
I have a permit and carry an S&W .38 on the seat beside me with a golf towel over it.
If I happen to get stopped, I will hand the LEO my driver's license and permit so that he knows
there is a gun in the truck. In fact, some states require you to notify the officer that there is a gun in the vehicle.
From what I understand, after he runs your driver's license, he will know you have a CCP
so you might as well be upfront about it.
I have read many posts on other forums where the LEO appreciated the the driver letting him know and in many cases just gave the guy a warning and stood there and talked guns with them for a few minutes.

What state do you live in? In Florida you do not need to inform the officer of any weapons unless you are asked. And your CWP does not show up when your DL is run. There are too many self righteous cops that think only they be allowed to possess or handle a firearm.

I was stopped a month or so ago, and the ONLY reason I told the officer I had a permit and a gun was because I had not taken it out of the glove box yet. I had to open the glove box to get my insurance card and registration. At first I saw it as a professional encounter, but the more I think about it I realise It was not.
After telling him I had my gun in the glove box, he walked over to the passenger side of my car reached in through the window and opened my glove box and removed my firearm, removed it from the holster, removed the mag, and ejected the round from the chamber. I was not happy. If the state of Florida and the united states of America think I'm responsible enough to carry a gun this paranoid cop should have left it where it was. Afterwards we did talk guns for a brief minute. He told me if it weren't for his service weapon, he would not have ANY guns.

I will never inform again unless I MUST expose it to get something.

So rmw1911...Your story above has me concerned. You were the good citizen and told him there was a gun. So he goes over to your glove box and pulls it out and empties it? Is this allowed if you have a permit?

Boy what if you had been pulled over by one of those loud mouth ego maniac cops that got picked on in high school and has a badge because he never got respect. I wonder how each cop would react? How can they be mad if you have a legal permit to carry a gun in your vehicle?

Lastly, When a cop asks you if you have a gun in the car do you have to tell him by law? I know I know I am going to buy that book that everyone suggest I read but until then I thought I would ask questions? Thanks,


If cop asks if you have a weapon you better tell the truth.

Stainless
04-27-2008, 08:56 AM
NRA fireaarms instructors generally recommend telling a cop you have a weapon when they walk up to the vehicle if you have a CWL or not. When you did not tell the cop about the gun, they assume you have no CWL. They are concerned about themselves more than you.

I always hand over my CWL with my DL, just so that there is no surprise to the cop and so he does not think I am hiding anything from him. Openness is always better, than not. You do not have to tell, and they do not have to know but a cop will appreciate your honesty more than he will appreciate your right not to tell. I've never had a cop try to take my gun, but he would have to call for a supervisor if he did. They will need their lawyers if they do.

Just my opinion.

mozoishere
04-27-2008, 09:05 AM
In my opinion:

"Do you have a firearm in the car?"

"I have a valid concealed weapons permit and a handgun on my right side"
(this is a better answer than just "yes")


Officers can get "excited" for any number of reasons that may be both out of your control and out of his control. He is just wanting to go home at the end of the tour.

Here are a couple scenario that I can think of:

Entirely possible that the dispatcher either hears a wrong digit on your tag over the radio or types a wrong digit and comes up with a hit from FCIC/NCIC or there might be some other pucker inducing fact associated with your car. Most officers will have run this information before even approaching your vehicle/you.

Possible that a BOLO (be on the lookout) has been issued in the area for a vehicle matching your description.

ntech
04-27-2008, 11:33 AM
Cops can run an NCIC check from their patrol car?

mozoishere
04-27-2008, 11:48 AM
Yes, they can. If you see a laptop in the car then they most likely have the ability to run persons, vehicles, etc. from the car.

FL2011
04-27-2008, 08:40 PM
Just to throw in here. I agree with the advice of just being upfront with the officer in the beginning.

Actually just had to deal with this for the first time since I've had my permit. Few weeks ago went out one night to meet up with a bunch of friends at a local bar and ended up driving a few of them home. Of course I had my gun and just kept in the car while I was inside. On the way home they had a DUI checkpoint setup and so we pull into that. Had my window down and Driver's license, insurance, registration, and CWL in my hand ready to hand over. Cop asks if I've been drinking, I just tell him I had a single beer close to 3 hours ago. I hand over all my info, he sees the CWL and asks if I have a gun in the car, I say yes and that's in the center console. He looks over all the info, hands 'em back and says have a good evening.

All in all a good experience. Going into it wasn't quite sure how they'd handle it in that specific area but he didn't seem to care one bit.

Stainless
04-27-2008, 09:30 PM
Been carrying for a "feeww" years, have always handed it over and have never had a bad situation. Ever. I am working for a local Sherrif candidate and am friends with the current sherrif and can tell you they prefer if you tell. Of course this is NW Florida.

ntech
04-28-2008, 04:42 AM
Just to throw in here. I agree with the advice of just being upfront with the officer in the beginning.

Actually just had to deal with this for the first time since I've had my permit. Few weeks ago went out one night to meet up with a bunch of friends at a local bar and ended up driving a few of them home. Of course I had my gun and just kept in the car while I was inside. On the way home they had a DUI checkpoint setup and so we pull into that. Had my window down and Driver's license, insurance, registration, and CWL in my hand ready to hand over. Cop asks if I've been drinking, I just tell him I had a single beer close to 3 hours ago. I hand over all my info, he sees the CWL and asks if I have a gun in the car, I say yes and that's in the center console. He looks over all the info, hands 'em back and says have a good evening.

All in all a good experience. Going into it wasn't quite sure how they'd handle it in that specific area but he didn't seem to care one bit.

In GA it is illegal even to have a firearm in your car in the bar parking lot. Is this true for Florida too? Does Florida code make any mention to parking lots of off limits areas? Namely bars?

Bucky69
04-28-2008, 07:09 AM
Just to throw in here. I agree with the advice of just being upfront with the officer in the beginning.

Actually just had to deal with this for the first time since I've had my permit. Few weeks ago went out one night to meet up with a bunch of friends at a local bar and ended up driving a few of them home. Of course I had my gun and just kept in the car while I was inside. On the way home they had a DUI checkpoint setup and so we pull into that. Had my window down and Driver's license, insurance, registration, and CWL in my hand ready to hand over. Cop asks if I've been drinking, I just tell him I had a single beer close to 3 hours ago. I hand over all my info, he sees the CWL and asks if I have a gun in the car, I say yes and that's in the center console. He looks over all the info, hands 'em back and says have a good evening.

All in all a good experience. Going into it wasn't quite sure how they'd handle it in that specific area but he didn't seem to care one bit.

In GA it is illegal even to have a firearm in your car in the bar parking lot. Is this true for Florida too? Does Florida code make any mention to parking lots of off limits areas? Namely bars?

In Florida, you can not carry IN the bar. Nothing wrong with keeping it in your car in the bar parking lot. I understand that Georgia has a law on Gov. Sonny Perdue's desk right now that will do away with the nonsensical "gun free zones" such as bar parking lots.