Author Topic: FL Question: "Securely Encased" but Not Concealed Handguns in Vehicles OK?  (Read 161 times)

sacvet

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F.S. 790.25(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.

F.S. 790.001(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.

Interpretation 1:  Reading these two sections together, it appears on the surface to allow anyone, with or without a FL CWFL, to have a handgun strapped or snapped in a holster located in a cupholder, either in a center console or door cup holder, where the securely encased firearm is visible.  Correct?

Interpretation 2: It appears the objection to my interpretation in #1 could be that F.S. 790.06, using the definition of “concealed weapon” in 790.001(3)(a), “meaning on or about the person” would mean that in either the case of a CWFL holder or non-licensee, they could be held responsible for illegal open carry while within the vehicle, because the visible handgun in the cupholder could be considered about their person.  Yes or No? 

Which is correct (i.e. legal?)  I also realize “legal” does not always mean "wise" because police aren’t familiar with the fine points of all gun laws.

Thanks!
« Last Edit: May 09, 2019, 12:38:27 PM by sacvet »