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Carrying AR pistol in Vehicle.

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  • Jaxon1023

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    Just wanting to get some clarification. I live in Alabama and have a ccw but work in Pensacola so go between states 5 days a week. I’m Florida does my AR pistol have to be concealed or just out of view? I’m not going to lay it on the dash but if it’s say on the passenger side down by the console with the barrel towards the floor will that be legal or does it need to be concealed with a jacket over it?
     

    101guns

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    Just wanting to get some clarification. I live in Alabama and have a ccw but work in Pensacola so go between states 5 days a week. I’m Florida does my AR pistol have to be concealed or just out of view? I’m not going to lay it on the dash but if it’s say on the passenger side down by the console with the barrel towards the floor will that be legal or does it need to be concealed with a jacket over it?





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    101guns

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    Seems to include what is legal and what is prudent. Here, even if legal, I would not recommend leaving it in plain sight. Would cover, put in trunk, etc.


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    Jaxon1023

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    FrommerStop

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    If you are stopped anywhere it is better it not be the first thing the LEO sees when he looks inside your car. Better you tell him where your weapons are first. For an AR pistol some sort of bag or case. I am not sure how either the FL or AL laws applied to AR pistols. I know in FL you may not CCW a machine pistol or at last so I heard you could not. Probably does not applied an AR pistol. I am interesting since I do want an AR pistol likely in 300 blk out.
     

    fl57caveman

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    I do not know, but just me, I would cover it, as it can be seen from a tractor trailer cab...
     

    FrankT

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    I don't carry anything I cannot conceal on me or lock in the gun safe in my vehicle. you are leaving in the vehicle a weapon unsecured that is always a bad thing.
     

    rockb

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    Statutes say it must be "Securely Encased" Google Florida 790 and it will give definitions of what constitutes "securely encased".
     

    Jaxon1023

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    That is if you do not have a CCW. Florida law does allow for an individual without a concealed weapons license to carry a gun in his car as long as the gun is “securely encased or is otherwise not readily accessible for immediate use.” Florida Statute 790.25(5).
     

    Red

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    Not 100% on this but had a chat with a nice LEO once about this. For a CCW holder you have to have two steps in order to employ the weapon. For example. If you have a gun in the holster, 1st step is removing it from the holster, 2nd step is employment.
    Another would be empty AR15 pistol, 1st step load it, 2nd would be employment
    Another could be loaded AR15 pistol covered with a jacket or velcro strapped in. 1st would be removing jacket or strap and 2nd would be employment.

    Again not 100% on this just what I remember from my conversation with the Deputy. And again CCW holders are going to have a lot more leeway than non CCW holders.
     

    FrommerStop

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    Not 100% on this but had a chat with a nice LEO once about this. For a CCW holder you have to have two steps in order to employ the weapon. For example. If you have a gun in the holster, 1st step is removing it from the holster, 2nd step is employment.
    Another would be empty AR15 pistol, 1st step load it, 2nd would be employment
    Another could be loaded AR15 pistol covered with a jacket or velcro strapped in. 1st would be removing jacket or strap and 2nd would be employment.

    Again not 100% on this just what I remember from my conversation with the Deputy. And again CCW holders are going to have a lot more leeway than non CCW holders.
    For a non CCW holder that is the case. For a CCW the two moves thing does not apply. The only requirement for a CCW holder with pistol is that it must be concealed. It also can not be possessed in some areas like the post office or inside of a school.
     

    rockb

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    For a non CCW holder that is the case. For a CCW the two moves thing does not apply. The only requirement for a CCW holder with pistol is that it must be concealed. It also can not be possessed in some areas like the post office or inside of a school.

    2 Steps does not now nor do I think it ever appear in the statute.

    It must be "Securely Encased". As Jaxon1023 pointed out securely encased may not apply to CCW holders

    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. 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.
     

    MarkS

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    From what I’ve read on the Facebook group Florida Carry if it’s not concealed on your person it has to be secured in a holster with a snap or in a case that is closed.
    No such thing as a 2 step rule but I’m not a lawyer or even that knowledgeable on firearms laws
    So take what I said at your own risk.


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    FrommerStop

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    2 Steps does not now nor do I think it ever appear in the statute.

    It must be "Securely Encased". As Jaxon1023 pointed out securely encased may not apply to CCW holders

    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. 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.
    The step rule I believe was a court ruling. The courts often in effect make law when they interpret things like what is securely encased. This is where you need to talk to a lawyer that specializes in CCW and not a cop.
    The key is what is
    securely encased or is otherwise not readily accessible for immediate use.
    Perhaps someone here does know the origin of the 2-step thing and if it is still valid.
     

    John B.

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    Please lord don't talk about "step rules"... I thought everyone on this forum was smarter than that.

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