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  • Settle a debate...

    Ok, so I got in a debate with a buddy of mine the other day about carrying a loaded weapon in a vehicle.

    I went up to PSL to go see a good friend of mine and he decides to show me his new gun. I'm thinking it's in his house, but no... it's in his car. We walk out to his car and sure enough, sitting there fully loaded, round in chamber, and in a holster is his brand new 9mm. It's tucked between the passenger seat and center console.

    After his ranting about reload speed, I then proceed to say, "Hey man, you know you can get in a lot of trouble for having a loaded gun next to you in your car, right?"

    He says, "No, I have a license to carry."

    I say, "That doesn't matter. Do you think a cop cares? When you get stopped and a cop walks up to your window and see's a gun just sitting right there in plain view, you're in trouble."

    He then proceeds to try and state Florida statute to me, but instead decides to call up one his other friends who apparently happens to be a Florida State Trooper (I've never met him). Apparently during their conversation which I was not able to hear, the State Trooper told my buddy that as long as you have a valid license to carry then it's perfectly fine. If you do not have a license, then you must follow the 3-step rule and the gun can not be loaded while in the vehicle.

    My buddy, regardless of his friend status, does have a history of lying his ass off, especially to prove a point. So I don't know if I could take his word for that, or the word of this supposed State Trooper.

    So any clarification would help. Thanks guys!
    Last edited by StylesBeyond; 10-24-2009, 02:06 AM.

  • #2
    Concealed carry, means just that. It doesn't matter if it's in your car, or in a restaurant.

    -SC
    Education ... has produced a vast population able to read but unable to distinguish what is worth reading.
    - G. M. Trevelyan

    B.S. Business Administration - Texas A&M 1990
    MPA - University of Texas Dallas 2004
    Graduate Certificate in Criminal Justice - American Military University 2006
    Graduate Certificate in Accounting - University of Dallas 2008
    Various Graduate Credits - UoP
    MA Christian Ministry Chaplaincy Dallas Baptist University 20%
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    • #3
      Originally posted by SleepyCop
      Concealed carry, means just that. It doesn't matter if it's in your car, or in a restaurant.

      -SC

      So you're saying it's NOT legal to carry a loaded weapon in plain site in a vehicle?

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      • #4
        Originally posted by StylesBeyond
        So you're saying it's NOT legal to carry a loaded weapon in plain site in a vehicle?
        Did I stutter?

        con·ceal (kn-sl)
        tr.v. con·cealed, con·ceal·ing, con·ceals
        To keep from being seen, found, observed, or discovered; hide.

        -SC
        Last edited by SleepyCop; 10-24-2009, 02:10 AM. Reason: Forgot to sign.
        Education ... has produced a vast population able to read but unable to distinguish what is worth reading.
        - G. M. Trevelyan

        B.S. Business Administration - Texas A&M 1990
        MPA - University of Texas Dallas 2004
        Graduate Certificate in Criminal Justice - American Military University 2006
        Graduate Certificate in Accounting - University of Dallas 2008
        Various Graduate Credits - UoP
        MA Christian Ministry Chaplaincy Dallas Baptist University 20%
        DPA Valdosta State 30%

        Comment


        • #5
          Here, StylesBeyond, read this.......It may be helpful!



          Being licensed to carry a weapon in FL means CONCEALED CARRY. Open carry is unlawful. You cannot, unless you are a sworn peace officer, carry the loaded weapon, jacked and racked, tucked between the seats as you have described.
          Last edited by SgtCHP; 10-24-2009, 07:03 AM.
          Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

          [George Washington (1732 - 1799)]

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          • #6
            This is one of the problems I have with the CC Folks. Is it smart gun ownership to leave a weapon unattended in a vehicle between the seat and center console?

            I'm not sure if Florida has anything on the books about securing a weapon, but he is asking for trouble if he thinks that loaded gun is safe.

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            • #7
              This is what's weird about some states. If one has a permit to carry concealed, then what is the difference between concealed on one's person and concealed in a vehicle? If the person has a HCP (Handgun Carry Permit) in Tennessee, they can carry it any way they like. It can be within reach in the vehicle, on their person, loaded or unloaded. They can carry it openly technically by state statute, but that is uncommon.

              To me, having it tucked in a concealed manner in a vehicle is no different than packing it under their shirt, but that's my .02.
              I'm 10-8 like a shark in a sea of crime..

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              • #8
                Michigan Law:

                It is legal for someone who as a valid concealed pistol license to carry a (loaded) gun with them on their person, in their car, in a mall.

                Is it smart to carry it in "plain" sight? No.

                If I see the gun as I approach the car during a traffic stop is there going to be problem? Yes.

                If you don't have a concealed pistols license then you CAN NOT carry your gun in your car unless you're going to or from a shooting range or taking it to your home after a purchass or some other lawful reason and then it must be locked and put in your trunk. If you do have your gun in the car without a concealed pistol license it is a felony, and you will go to jail.
                Last edited by Michigan; 10-24-2009, 09:54 AM.

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                • #9
                  It is absolutely stupid to leave a gun in plain sight. The reasons are numerous. Would I arrest a "good citizen" (one who is not prohibited by law from owning a gun) for doing so? No, I would educate them. Would I arrest someone for carrying a gun in their vehicle even if they didn't have a permit? No, (see 2nd amendment) not if they were a "good citizen".......just my 2 cents.

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                  • #10
                    Is it a nice gun? What kind of car does he drive and wear does he normally park? Any large rocks or chunks of concrete nearby?

                    Why do I ask? Oh, no reason.
                    I miss you, Dave.
                    http://www.odmp.org/officer/20669-of...david-s.-moore

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                    • #11
                      Your friend is lying. Or so I think. According to FL statue you CANNOT open carry a firearm. You only may carry concealed.


                      Title XLVI
                      CRIMES

                      Chapter 790
                      WEAPONS AND FIREARMS

                      View Entire Chapter

                      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.

                      (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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