Mounting rare earth magnet in car for gun storage

State and national practical & political discussions on legal open, concealed and vehicle carry.
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lucy
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Mounting rare earth magnet in car for gun storage

Post by lucy » Sat Nov 28, 2015 1:43 pm

Has anyone mounted one of the high power rare earth magnets under the steering wheel or on the center console to hold a pistol? How 'bout between your legs under/in front of the seat?

Does it affect the electronics?

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Re: Mounting rare earth magnet in car for gun storage

Post by TC6969 » Thu Dec 03, 2015 9:43 pm

I use computer hard drive magnets.

They are already attached to a nice little flat bracket with holes drilled and everything.

They are powerful enough to hold a pistol in a rollover.

I have one screwed onto my center console up under the dash and it hasn't affected anything yet!
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Re: Mounting rare earth magnet in car for gun storage

Post by mitch96 » Sun Dec 06, 2015 2:15 pm

Neat Idea to use computer hard drive magnets. I just "decommissioned" a computer and destroyed the hard drive but kept the magnets.. I saw a vid a while ago where this gent put the magnets on a piece of wood and covered the magnet and wood with large shrink tube. The shrink tube protected the gun from the magnet and he could screw the wood down anywhere.. I think I'll give it a try..

m-

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Re: Mounting rare earth magnet in car for gun storage

Post by tector » Sun Dec 06, 2015 2:46 pm

Are we comfortable that all these set-ups are going to be deemed "securely encased or...otherwise not readily accessible for immediate use"?
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Re: Mounting rare earth magnet in car for gun storage

Post by lucy » Sun Dec 06, 2015 5:57 pm

tector wrote:Are we comfortable that all these set-ups are going to be deemed "securely encased or...otherwise not readily accessible for immediate use"?
Does it need to be for holders of concealed carry permits?

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Re: Mounting rare earth magnet in car for gun storage

Post by tector » Sun Dec 06, 2015 6:07 pm

lucy wrote:
tector wrote:Are we comfortable that all these set-ups are going to be deemed "securely encased or...otherwise not readily accessible for immediate use"?
Does it need to be for holders of concealed carry permits?
Yes.
SE FL gunshow calendar: http://goo.gl/g0HdM

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Re: Mounting rare earth magnet in car for gun storage

Post by Racist Infidel » Mon Dec 07, 2015 10:40 am

NOPE, not with a CCW. You can carry it anywhere in the vehicle.

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Re: Mounting rare earth magnet in car for gun storage

Post by tector » Mon Dec 07, 2015 12:21 pm

Racist Infidel wrote:NOPE, not with a CCW. You can carry it anywhere in the vehicle.
Next time you are pulled over by a cop, just have your pistol lying on your front seat. Or back seat. Or dash board.

Have fun!
SE FL gunshow calendar: http://goo.gl/g0HdM

It is useless to attempt to reason a man out of a thing he was never reasoned into.-Swift

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Re: Mounting rare earth magnet in car for gun storage

Post by Dave P » Mon Dec 07, 2015 1:14 pm

I would have some concern with the pistol getting magnetized (slightly), but enough to attach metallic trash and possibly jam it up. Long shot, but maybe ...
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Re: Mounting rare earth magnet in car for gun storage

Post by 870Mike » Tue Dec 08, 2015 8:07 am

Racist Infidel wrote:NOPE, not with a CCW. You can carry it anywhere in the vehicle.
Incorrect. Still must be "securely encased or not readily accessible". The only thing your permit changes is the ability to carry concealed on your person.
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Re: Mounting rare earth magnet in car for gun storage

Post by Racist Infidel » Tue Dec 08, 2015 11:13 am

Well I just talked to my Sheriff Chris Blair. He confirmed my reading of the law; with a CCW you can have a handgun ANYWHERE in your automobile, encased or not.

Can you point to the statute supporting your claim?

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Re: Mounting rare earth magnet in car for gun storage

Post by tector » Tue Dec 08, 2015 1:26 pm

Racist Infidel wrote:Well I just talked to my Sheriff Chris Blair. He confirmed my reading of the law; with a CCW you can have a handgun ANYWHERE in your automobile, encased or not.

Can you point to the statute supporting your claim?
It's the other way around--you can only carry as permitted (yeah, I know how it should be, but...). So you show US a statute, sir. You said you had a "reading" of "the law"--which reading of what law?

CWP allows you to carry (concealed only) on or about your person--this applies in an auto or outside an auto.

The motor vehicle statute additionally allows anyone (CWP or not) to have a handgun ""securely encased or...otherwise not readily accessible for immediate use".

The is no further "combo" statute that gives more any more rights to a CWP holder in car--your right to have the handgun is still a product of either one of these two provisions. So I don't see how you can say you can have a handgun anywhere you like in a car if you have a CWP. There is no statute, or combination thereof, that produces that result.

However, I do again challenge you the next you get pulled over to put your handgun just out lying on a seat or dashboard.
SE FL gunshow calendar: http://goo.gl/g0HdM

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Re: Mounting rare earth magnet in car for gun storage

Post by Cloaked Dagger » Wed Dec 09, 2015 6:19 pm

tector wrote:CWP allows you to carry (concealed only) on or about your person--this applies in an auto or outside an auto.
Use of the word "about" in "on or about" would seem to indicate that one can have the pistol "about" them in the vehicle such as they are discussing as long as it is still concealed from view.

I am not a lawyer though and this is not legal advice. Neither are you a lawyer to my knowledge, also neither is the law enforcement officer someone referenced supporting the ability to do this. As most of us probably know many police don't actually know the law. To settle this for sure one would probably have to contact a lawyer and have them look at the case law, not sure if anyone here has ever done that.
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Re: Mounting rare earth magnet in car for gun storage

Post by 870Mike » Wed Dec 09, 2015 7:01 pm

Cloaked Dagger wrote:Use of the word "about" in "on or about" would seem to indicate that one can have the pistol "about" them in the vehicle such as they are discussing as long as it is still concealed from view.
If a cop sticks his nose in your window and sees a gun, it's not "concealed".

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


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Re: Mounting rare earth magnet in car for gun storage

Post by tector » Wed Dec 09, 2015 7:32 pm

Going back to my original post in this thread, I am not sure whether all these rigs pass muster or not in Florida. But I know the broader assertion that with a CWP you can put a handgun anywhere you want in a car is wrong.

Everybody can make their own judgment at their risk for their own rig. Peace unto all.
SE FL gunshow calendar: http://goo.gl/g0HdM

It is useless to attempt to reason a man out of a thing he was never reasoned into.-Swift

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Re: Mounting rare earth magnet in car for gun storage

Post by Racist Infidel » Wed Dec 09, 2015 8:37 pm

I wrote to Jon H. Gutmacher, author of "Florida Firearms Law, Use & Ownership"

This is what I asked;
"As a holder of a Florida CCW, must my handgun be "securely encased" while I am in my automobile? I have your book but it is still unclear to me. Thank You, Douglas"

This is the reply I got back.

"My opinion is "no" -- and while I am absolutely sure of my opinion, I have heard others argue with me. There is zero case law on it. I've discussed it on my blog in extensive detail. http://www.floridafirearmslaw.com/gun-law-blog/"

So what do you know that an acknowledged legal expert on the subject (he did write the book on the subject) apparently has missed in the law as promulgated? Apparently NO LEO has made an arrest of a CCW holder for carrying a firearm in their automobile that was not "securely encased."

Tag, you're it.

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Re: Mounting rare earth magnet in car for gun storage

Post by FSUnoles » Wed Dec 09, 2015 10:04 pm

Racist Infidel wrote:I wrote to Jon H. Gutmacher, author of "Florida Firearms Law, Use & Ownership"

This is what I asked;
"As a holder of a Florida CCW, must my handgun be "securely encased" while I am in my automobile? I have your book but it is still unclear to me. Thank You, Douglas"

This is the reply I got back.

"My opinion is "no" -- and while I am absolutely sure of my opinion, I have heard others argue with me. There is zero case law on it. I've discussed it on my blog in extensive detail. http://www.floridafirearmslaw.com/gun-law-blog/"

So what do you know that an acknowledged legal expert on the subject (he did write the book on the subject) apparently has missed in the law as promulgated? Apparently NO LEO has made an arrest of a CCW holder for carrying a firearm in their automobile that was not "securely encased."

Tag, you're it.

So do as Tector says and film it for our viewing pleasure....
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Re: Mounting rare earth magnet in car for gun storage

Post by Racist Infidel » Wed Dec 09, 2015 11:06 pm

Looking at the photos posted by 870Mike, I would agree the methods of carry shown would likely meet the definition of "OPEN CARRY" and would be questionable under Florida law, securely encased or not, CCW or not. The question is a CCW holder carrying an UNSECURED handgun in an automobile.

As long as the handgun is not openly carried and you have a CCW, the carry is legal to have anywhere in your automible. I have this from my Sheriff and an attorney that on this forum is a recognized authority on the subject.

If that's not good enough for you than provide the source of your info, cause I sure can't find it in the law. Neither can my Sheriff or the attorney who wrote the book on the subject, literally. :-k

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Re: Mounting rare earth magnet in car for gun storage

Post by 870Mike » Thu Dec 10, 2015 8:33 am

Racist Infidel wrote:
If that's not good enough for you than provide the source of your info, cause I sure can't find it in the law. Neither can my Sheriff or the attorney who wrote the book on the subject, literally. :-k
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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Re: Mounting rare earth magnet in car for gun storage

Post by 870Mike » Thu Dec 10, 2015 8:44 am

And from Gutmacher's blog:

Does Florida Statute 790.25(5) require all "securely encased" firearms be "concealed"?
Does F.S. 790.25(5), require that all securely encased firearms and weapons be concealed?
copyright 2015 by jon gutmacher

I had an interesting question from a reader that at first blush, would appear to require all securely encased firearms and weapons also be kept concealed. Here's the actual question:

"Jon, I am curious how you arrive at the conclusion "while it is considered lawful for a properly holstered firearm or other weapon to be kept in the open within a private conveyance..." when statute 790.25(5) explicitly states that it must be concealed, "...for a person 18 years of age or older to possess a CONCEALED firearm or other weapon....".?

Now -- 790.25(5) does state . . . "it is not a violation of s. 790.01 for a person . . . to possess a concealed firearm or other weapon . . . within the interior of a private conveyance . . . if the firearm or other weapon is securely encased . . . ."

So -- sounds like this reader got it right, doesn't it?

Well . . . the answer is "no" -- and that's not because he wasn't sharp. In fact, he was really sharp to have concluded that. But, he was still wrong. Why?

Well, That portion of 790.25(5) specifically refers to F.S.790.01, and F.S. 790.01 is a statute that ONLY deals with "concealed" firearms and weapons. It does not deal with "open carry" -- which is covered in F.S. 790.053, and would be controlled by F.S. 790.25(l), as long as the firearm or weapon were still "securely encased". (the typical example -- a strapped handgun on the seat)(which -- by the way -- I do not suggest you do, legal or not).

Pretty tricky, huh? I'll bet that even 90% of all lawyers and judges would get that one wrong, as well, unless they had someone who understood this stuff pointing out the correct reasoning behind it.
Very easy to miss.

So, hope that clears it up. Have a great day!
Jon H. Gutmacher at 7:09 PM
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