Gun in glove compartment

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Re: Gun in glove compartment

Post by Taco » Wed Feb 07, 2018 12:32 am

madman wrote:
Tue Feb 06, 2018 9:06 pm
790.25 is pretty simple and straightforward. First, it doesn't apply to CWL holders.
Simple and straightforward? Between the hereins and the triple negatives combined with the dozens of counterintuitive rulings, I wouldn't call it straightforward, and it's far from simple.

And, if you forgive the nuance, it absolutely does apply to license holders (remember, carrying of a firearm is a legal activity with a tax) unless they have another mechanism, with the license, of creating a legal avenue. It had much more holes when accidental/ unintentional open carry was less defined.

Hopefully, in the upcoming years, open carry won't be this crazy wild west thing and folks can just relax a bit and realize 40 other states haven't had an issue and clean up Florida's laws.
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Re: Gun in glove compartment

Post by 870Mike » Wed Feb 07, 2018 1:51 am

dammitgriff wrote:
Tue Feb 06, 2018 11:51 am
You’re not allowed to have a loaded handgun within easy reach for immediate use unless you have your CC license.
As was already stated, it must be either locked up inside the vehicle or separated from ammunition (gun inside, ammo/magazines locked up in trunk or separate case inside cab of vehicle)...
False.
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Re: Gun in glove compartment

Post by TC6969 » Wed Feb 07, 2018 9:06 am

870Mike wrote:
Wed Feb 07, 2018 1:51 am
dammitgriff wrote:
Tue Feb 06, 2018 11:51 am
You’re not allowed to have a loaded handgun within easy reach for immediate use unless you have your CC license.
As was already stated, it must be either locked up inside the vehicle or separated from ammunition (gun inside, ammo/magazines locked up in trunk or separate case inside cab of vehicle)...
False.
Thats nothing.

I talked to a guy at work a few years ago who believed all that AND that the gun had to be disassembled!
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Re: Gun in glove compartment

Post by Augdawg » Wed Feb 07, 2018 9:11 am

I generally follow what's in Gutmachers Florida Firearms Law, Use and Ownership book. He breaks down the legalize in plain and simple English. Easy to follow. Securely encased is basically in a snapped holster anywhere, loaded or unloaded, in a closed console loaded or unloaded, in a closed glove compartment loaded or unloaded, in a zippered gun case loaded or unloaded or in any other type of closed container in which the gun cannot be fired from until drawn loaded or unloaded.

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Re: Gun in glove compartment

Post by jjk308 » Wed Feb 07, 2018 11:58 am

The law is very clear IF you read all the supporting sections and definitions.

The glove box doesn't have to be locked
If in a holster it only has to be snapped if its not in a glove box or other container.

Years ago, before this law was expanded to its current coverage, the police would pretty much make up their own, like the 3 motions invention. That is probably what's caused any remaining confusion.

The only remaining uncertainty is in allowing a concealed carry licensee to leave a gun lying on the seat beside him but it does say "carry"!


790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(16) “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.
(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.

790.06 License to carry concealed weapon or firearm.—
(12) (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(l) 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;
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.
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Re: Gun in glove compartment

Post by flcracker » Wed Feb 07, 2018 12:14 pm

dammitgriff wrote:
Tue Feb 06, 2018 11:51 am
You’re not allowed to have a loaded handgun within easy reach for immediate use unless you have your CC license.
As was already stated, it must be either locked up inside the vehicle or separated from ammunition (gun inside, ammo/magazines locked up in trunk or separate case inside cab of vehicle)...
sigh.... yet another person who can't/won't read the law for themselves, yet insists on repeating false/misleading/confusing information for others to sort through. #-o

It is perfectly legal for someone without a CC license to keep a loaded handgun in their car. Just follow the law.

Loaded, holstered, and in a glove box or console, is perfectly legal.
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Re: Gun in glove compartment

Post by wjbarricklow » Thu Feb 08, 2018 12:20 am

Loaded handgun in the glovebox with no permit, no holster, is just fine in Florida. It’s almost expected.

Alternatively, without a permit, a loaded handgun can be snapped in a holster, or zipped in a pistol case, or in some other box with a lid, as long as it isn’t on your person.

If you have a permit, it can be concealed om your person, or within reach. Or any of the above, take your pick.
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Re: Gun in glove compartment

Post by firemedic2000 » Thu Feb 08, 2018 3:53 am

Taco wrote:
Tue Feb 06, 2018 1:05 pm
Rentprop1 wrote:
Tue Feb 06, 2018 11:39 am
photohause wrote:
Tue Feb 06, 2018 11:34 am
Loaded or unloaded weapon?
Locked or unlocked glove box÷
neither of that matters

securely encased and not readily accessible is how the law reads

make sure its a snapped holster
The snapped holster isn't required unless you are driving around with the glovebox open. The basic rule is you need to do a 'something' to make the gun ready to fire- unzip a bag, open a compartment, unsnap a holster.

Crown Royal bag is a no go per Mr. G's book several versions back- you can access the trigger and fire through without removal from the bag.

Get the license and you're good- as long as it's concealed.
Your absolutely correct Mr Jon Gutmacher P.A. author of Florida Firearms book is a must read if your own a firearm not just have a CCW. rent and several others are correct in glove box or whatever secured in a snapped holster. and it must be snapped shut or other methods described for proper storeage.

It can be loaded. Whoever stated the weapon must be unloaded is incorrect. It's not that difficult if you read the Florida law pertaining to it. jj posted and highlighted it for the out of staters that want to unload and lock their weapon at each end of their car [smilie=011.gif]

I personally think Florida's greatest problem with it's gun laws. Is when LEOs from states that are anti gun relocate here. They come down here and unfortunately they still have the same hatred of civilian firearms ownership.

So even if you are following Florida's gun laws. The big question is. Does the officer that stops you for whatever reason really know Florida's gun laws or even care. Are they honest and not looking to nail you on a made up gun charge like they tried with casual.

There are a lot more anti gun LEOs than you think moving down here. It's like playing Russian roulette whenever your stopped. By the way if it were me I'd not tell them I had a weapon in the car unless asked.

We have a few attorneys here also. But even they will tell you that it'd probably be a good idea to invest in Jon Gutmacher's book on Florida's gun laws. Jon H. Gutmacher has spent his career in the court of law defending individuals for firearms violations and as a expert witness. I'd think he'd know the law some what pertaining to Florida's gun laws.

So like myself and others here agree on. If you carry, own or have any questions on Florida's gun laws invest in this book, it could may one day keep you out of jail Warning it's addictive when you start reading it. You don't want to stop. It's a great book full of great information

Here's a link for it. https://www.amazon.com/Florida-Firearms ... 0964195879
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Re: Gun in glove compartment

Post by TC6969 » Thu Feb 08, 2018 8:15 am

Taco wrote:
Tue Feb 06, 2018 1:05 pm

By the way if it were me I'd not tell them I had a weapon in the car unless asked.
It might be mentioned that this is perfectly legal also.

They also don't get a flashing red icon on their computers when a CWL holders name gets entered.

Both of these myths have been stated as absolute facts in gun show permit classes.
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Re: Gun in glove compartment

Post by wjbarricklow » Thu Feb 08, 2018 8:58 am

rent and several others are correct in glove box or whatever secured in a snapped holster.
It doesn’t have to be in a holster if it's in your glovebox, console, lunchbox, or some other container that it can't fired from. Just to clarify.

And I agree with Taco on keeping quiet unless the officer asks about weapons. The only exception I would bring up is if the cop is asking you to do something that will reveal the gun. For example, if your gun is on top of your registration in the glovebox, you might want to guve the guy a heads up before you open it.
...and they think I'm compensating for something?

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Re: Gun in glove compartment

Post by tector » Thu Feb 08, 2018 1:52 pm

TC6969 wrote:
Thu Feb 08, 2018 8:15 am
Taco wrote:
Tue Feb 06, 2018 1:05 pm

By the way if it were me I'd not tell them I had a weapon in the car unless asked.
It might be mentioned that this is perfectly legal also.

They also don't get a flashing red icon on their computers when a CWL holders name gets entered.

Both of these myths have been stated as absolute facts in gun show permit classes.
Just be aware that in some states, even though you can have the gun, you are obligated to mention it if you are stopped by a cop for any reason. So don't assume this outside of Florida, even in "gun friendly" states. South Carolina is one, Oklahoma is another. Handgunlaw.us has a section on this for each state.
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Re: Gun in glove compartment

Post by firemedic2000 » Thu Feb 08, 2018 6:54 pm

wjbarricklow wrote:
Thu Feb 08, 2018 8:58 am
rent and several others are correct in glove box or whatever secured in a snapped holster.
It doesn’t have to be in a holster if it's in your glovebox, console, lunchbox, or some other container that it can't fired from. Just to clarify.

And I agree with Taco on keeping quiet unless the officer asks about weapons. The only exception I would bring up is if the cop is asking you to do something that will reveal the gun. For example, if your gun is on top of your registration in the glovebox, you might want to guve the guy a heads up before you open it.
Please read Florida statues 790.001 (17) I may be wrong in my understanding in what it states. Tell me.......am I. I'm confused by your interpretation of 790.001 (17) are you saying the weapon can be just stored loosely in a glove box or console. I'll admit I've been a little slow lately in understanding things for some reason.

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(16) “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.
(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.

790.06 License to carry concealed weapon or firearm.—
(12) (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(l) 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;
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.
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Re: Gun in glove compartment

Post by #1Glock30 » Thu Feb 08, 2018 7:35 pm

#1Glock30 wrote:
Tue Feb 06, 2018 7:18 pm
dammitgriff wrote:
Tue Feb 06, 2018 11:51 am
As was already stated, it must be either locked up inside the vehicle or separated from ammunition (gun inside, ammo/magazines locked up in trunk or separate case inside cab of vehicle)...
R/Griff
=:wvr This is erroneous information. It may be that way in other states but not FL. The gun does not have to be locked in a compartment with ammo seperated. In an unlocked compartment with a snapped holster, loaded and one in the chamber you are good to go. But, I back getting a concealed permit to save time and trouble.
flcracker wrote:
Wed Feb 07, 2018 12:14 pm
dammitgriff wrote:
Tue Feb 06, 2018 11:51 am
You’re not allowed to have a loaded handgun within easy reach for immediate use unless you have your CC license.
As was already stated, it must be either locked up inside the vehicle or separated from ammunition (gun inside, ammo/magazines locked up in trunk or separate case inside cab of vehicle)...
sigh.... yet another person who can't/won't read the law for themselves, yet insists on repeating false/misleading/confusing information for others to sort through. #-o

It is perfectly legal for someone without a CC license to keep a loaded handgun in their car. Just follow the law.

Loaded, holstered, and in a glove box or console, is perfectly legal.
870Mike wrote:
Wed Feb 07, 2018 1:51 am
dammitgriff wrote:
Tue Feb 06, 2018 11:51 am
You’re not allowed to have a loaded handgun within easy reach for immediate use unless you have your CC license.
As was already stated, it must be either locked up inside the vehicle or separated from ammunition (gun inside, ammo/magazines locked up in trunk or separate case inside cab of vehicle)...
False.
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Re: Gun in glove compartment

Post by Dr. Dickie » Fri Feb 09, 2018 6:34 am

jjk308 wrote:
Wed Feb 07, 2018 11:58 am
The law is very clear IF you read all the supporting sections and definitions.

The glove box doesn't have to be locked
If in a holster it only has to be snapped if its not in a glove box or other container.

Years ago, before this law was expanded to its current coverage, the police would pretty much make up their own, like the 3 motions invention. That is probably what's caused any remaining confusion.

The only remaining uncertainty is in allowing a concealed carry licensee to leave a gun lying on the seat beside him but it does say "carry"!


790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(16) “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.
(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.

790.06 License to carry concealed weapon or firearm.—
(12) (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(l) 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;
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.

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Re: Gun in glove compartment

Post by jjk308 » Fri Feb 09, 2018 7:32 am

I believe we have some folks here with dyslexia or some other visual processing problem. Or who either can't understand the very clear version of legalese written by the Florida Legislature or follow the trail of definitions and exceptions.
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Re: Gun in glove compartment

Post by Cloaked Dagger » Fri Feb 09, 2018 7:50 am

firemedic2000 wrote:
Thu Feb 08, 2018 6:54 pm
wjbarricklow wrote:
Thu Feb 08, 2018 8:58 am
rent and several others are correct in glove box or whatever secured in a snapped holster.
It doesn’t have to be in a holster if it's in your glovebox, console, lunchbox, or some other container that it can't fired from. Just to clarify.

And I agree with Taco on keeping quiet unless the officer asks about weapons. The only exception I would bring up is if the cop is asking you to do something that will reveal the gun. For example, if your gun is on top of your registration in the glovebox, you might want to guve the guy a heads up before you open it.
Please read Florida statues 790.001 (17) I may be wrong in my understanding in what it states. Tell me.......am I. I'm confused by your interpretation of 790.001 (17) are you saying the weapon can be just stored loosely in a glove box or console. I'll admit I've been a little slow lately in understanding things for some reason.

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(16) “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.
(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.

790.06 License to carry concealed weapon or firearm.—
(12) (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(l) 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;
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.
It is an “or” statement the statute makes, the semicolons mean “or” so translating the legalese to plain English the definition for securely incased is:

“Securely encased” means in a glove compartment, whether or not locked or snapped in a holster or in a gun case, whether or not locked or in a zippered gun case or in a closed box or container which requires a lid or cover to be opened for access.


I am not a lawyer and this isn’t legal advice though. Just my personal interpretation of the statute.
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Re: Gun in glove compartment

Post by MARKAR » Fri Feb 09, 2018 8:13 am

firemedic2000 wrote:
Thu Feb 08, 2018 6:54 pm


Please read Florida statues 790.001 (17) I may be wrong in my understanding in what it states. Tell me.......am I. I'm confused by your interpretation of 790.001 (17) are you saying the weapon can be just stored loosely in a glove box or console. I'll admit I've been a little slow lately in understanding things for some reason.

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(16) “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.
(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.
It has been a number of years since I've taken an English class, but I am of the understanding that different punctuation marks used in grammatical sentences mean different things.

Semi-colons (;) should not be confused with commas (,). If there were no difference than they would not be different. Commas help to modify the previous clause and semi-colons differentiate the clauses or something like that.

In other words you could treat the clauses between semi-colons almost as separate sentences/thoughts. So that means that it can be in a glove compartment OR snapped in a holster. Not it can be in a glove compartment AND snapped in a holster.

Otherwise you'd have to read it as "Securely encased” means in a glove compartment, whether or not locked; (AND) snapped in a holster; (AND) in a gun case, whether or not locked; (AND) in a zippered gun case; (AND) or in a closed box or container which requires a lid or cover to be opened for access.

Still confused? [smilie=cheers1.gif]

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Re: Gun in glove compartment

Post by MARKAR » Fri Feb 09, 2018 8:15 am

Cloaked Dagger wrote:
Fri Feb 09, 2018 7:50 am

It is an “or” statement the statute makes, the semicolons mean “or” so translating the legalese to plain English the definition for securely incased is:

“Securely encased” means in a glove compartment, whether or not locked or snapped in a holster or in a gun case, whether or not locked or in a zippered gun case or in a closed box or container which requires a lid or cover to be opened for access.


I am not a lawyer and this isn’t legal advice though. Just my personal interpretation of the statute.
Yeah, what he said. I just took longer to say it and by the time I convoluted it into words he answered it with

semi-colon = or

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Re: Gun in glove compartment

Post by Augdawg » Fri Feb 09, 2018 8:46 am

I'm amazed we are still debating this. A lot of good information has been presented. If the person in question doesn't understand the law, Gutmachers book will make it easier to understand the law and your rights.

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Re: Gun in glove compartment

Post by draggindakota » Fri Feb 09, 2018 10:37 am

flcracker wrote:
Wed Feb 07, 2018 12:14 pm
dammitgriff wrote:
Tue Feb 06, 2018 11:51 am
You’re not allowed to have a loaded handgun within easy reach for immediate use unless you have your CC license.
As was already stated, it must be either locked up inside the vehicle or separated from ammunition (gun inside, ammo/magazines locked up in trunk or separate case inside cab of vehicle)...
sigh.... yet another person who can't/won't read the law for themselves, yet insists on repeating false/misleading/confusing information for others to sort through. #-o

It is perfectly legal for someone without a CC license to keep a loaded handgun in their car. Just follow the law.

Loaded, holstered, and in a glove box or console, is perfectly legal.
It doesn't help that some instructors preach the "3 step rule" as a fact of law. My brother-in-law, his wife and a friend all took a class with one of those instructors that comes around for house calls, and he had them all convinced that it was the law. :ham'r
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