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Carrying AR pistol in Vehicle.

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  • Django

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    Depends on how the officer that pulled you over interpretes the law. I'm sure he/she won't Google it. Ive heard different things from different leos. Even the "step rule".
     

    FrommerStop

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    Depends on how the officer that pulled you over interpretes the law. I'm sure he/she won't Google it. Ive heard different things from different leos. Even the "step rule".
    Being arrested is not the same as a conviction, but there are serious downsides to being arrested for sure. It is not a great risk but you do you risk being shot to death if for some reason the officer is afraid for his life. It is possible that the officer radios in first and is told the law by a commanding officer. Not sure how that works out.
     

    wildrider666

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    FL 790.31
    (c) “Handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver.

    Some Statutes are specifically in and apply applications and definitions under CWL. It takes precedence over other Statutes or Sections.

    Other Statutes are for wider application to include criminal and exempted lawful acts, may include general and supporting information.

    Anyone find a different "Handgun" definition within FL Statutes? Accordingly: if mfg or sold as a "pistol" under Fed Law (AR/AK pistol) it should qualify. Alternatively, it would also rule out shorty 12 ga. "Firearms" as they are not handguns.
     

    8654

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    Seems like it was about five years ago , in the FWB paper was a story about a Ala. football star recent grad, no pro contract I think , was pulled over and arrested for unlawful firearm. The next day paper said OCSD said he was not charged saying he had a pistol in the console but round was not in chamber so let go because of THREE step rule
     
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    SGB

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    Seems like it was about five years ago , in the FWB paper was a story about a Ala. football star recent grad, no pro contract I think , was pulled over and arrested for unlawful firearm. The next day paper said OCSD said he was not charged saying he had a pistol in the console but round was not in chamber so let go because of THREE step rule

    :wacko:
     

    Ross7

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    Seems like it was about five years ago , in the FWB paper was a story about a Ala. football star recent grad, no pro contract I think , was pulled over and arrested for unlawful firearm.

    I remember that, it was Glen Coffee.
    Assistant State Attorney William Bishop determined that Coffee did not violate the law by having a loaded pistol in the center console of his 2008 Cadillac during a traffic stop.

    Under Florida law, a person can possess a concealed firearm if its "securely encased."
    https://www.al.com/sports/index.ssf/2010/10/glen_coffee_gun_charge_droppe.html
     

    wildrider666

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    Related, FWIW: Lets say your firearm issue is 100% legal but on scene LE says no and arrests you. You make Bail, good lawyer you hired gets Charges dropped. Do you still have a Criminal History or Police Record? Yes!
    We know Charges get dropped for a lot of reasons but it won't list false arrest or LE/DA were ignorant of the law. There are legal hoops to jump through to get it expunged on your dime. This alone, should be reason enough to not push the envelope on compliance, be uncooperative or non compliant during LE encounters. You can lawfully exercise all your Rights but that does not mean you won't get a criminal history record for your efforts. Most jobs do Background Checks and they will draw their own conclusion. Be honest, we frequently read stories about people with prior arrests but no convictions and think sombody dropped the ball and not that the person was falsely arrested.

    http://www.fdle.state.fl.us/Seal-an...tly-Asked-Questions#Charges_dropped_dismissed

    3.*Why do I still have a criminal history record when the charges against me were dropped/dismissed/no action filed/abandoned/ nolle prossed?

    Under Florida law, adult criminal history records are public unless sealed or expunged. See*Section 943.053(3), Florida Statutes, which provides for public access to criminal history records, under specified conditions. The term "criminal history information" is defined, tracking the federal definition, at*Section 943.045, Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of any charges stemming from that arrest, whether it is an adjudication of guilt or the withholding of adjudication, acquittal, or dismissal of charges before trial, or other disposition.
     

    shadeogray

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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.

    According to a LEO in Pensacola this is not entirely accurate. If you have a ccw permit and carrying a pistol, you do not need to hide it from view in your vehicle as Florida considers your vehicle an extension of your home. According to him you can stick it in a holster and lay it on your front seat or wedge it between your seat and console and your good to go. This is for CCW permit holders only mind you.
     

    Qoholeth

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    According to a LEO in Pensacola this is not entirely accurate. If you have a ccw permit and carrying a pistol, you do not need to hide it from view in your vehicle as Florida considers your vehicle an extension of your home. According to him you can stick it in a holster and lay it on your front seat or wedge it between your seat and console and your good to go. This is for CCW permit holders only mind you.

    LEO's arrest, but Judges and/or juries convict, lawyers defend or prosecute, take your advice with this in mind.
     

    Zeroed in

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    FL law says it has to be securely encased. Some examples are, a glove-box (locked or unlocked), in the console with lid closure (locked/unlocked) or in a case, such as a zippered gun case, holster with restraining device, strap or other retention mechanism to securely encase/hold the pistol. Stuck between the seat and console doesn't meet the criteria as shown in your picture. A securely encased pistol could be stuffed between the seats "in plain sight" w/o a cwp. And it could be stuffed there too out of sight if you have a cwp. so long as it is securely encased.
    Even in plain sight (not concealed) a pistol has to be encased, even if you have a cwp.
    Plain sight is if a ordinary person can see it without any obstructions. If it's on the seat hidden from sight, covered with a shirt, newspaper or whatever, stuffed underneath the seat or stuffed between seats, console or whatever, it is considered concealed.
    Long-guns do not have to be encased in a vehicle (in Fl), unless you're on 213 on the blacktop in eglin. (even your bow has to be encased there).
    I personally wouldn't carry it around in my vehicle for "protection". Seems to me like a jury would find that to be an over-kill (no pun intended). If just transporting to/fro shooting, etc.. I'd keep it in the trunk or put it in an appropriate sized gun case. g/l
     

    FrommerStop

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    According to a LEO in Pensacola this is not entirely accurate. If you have a ccw permit and carrying a pistol, you do not need to hide it from view in your vehicle as Florida considers your vehicle an extension of your home. According to him you can stick it in a holster and lay it on your front seat or wedge it between your seat and console and your good to go. This is for CCW permit holders only mind you.
    A CCW lawyer in front of the ERGC during a talk with questions and answers told us that a gun lying in plain sight on the seat of a car was concealed assuming I got that right.
    This is really a confusing topic.
     

    oneshot

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    I know I'm going to catch it for this ,but here goes Very poor choice for a firearm to have in a car. to have to use if needed, Get smart and go to a good ccw class, and learn. And you wouldn't have to aske this question. Just my 5 cents jj
     

    FrommerStop

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    I know I'm going to catch it for this ,but here goes Very poor choice for a firearm to have in a car. to have to use if needed, Get smart and go to a good ccw class, and learn. And you wouldn't have to aske this question. Just my 5 cents jj
    You can carry the AR in addition to your pistol. If you get one in 300 blackout using all copper barnes bullets you can really shoot through the sheet metal of a vehicle to reliably kill people inside of it. If you get stopped by a mob manned roadblock, having thirty round magazines in an assault rifle cartridge pistol AR does have its merits. I think my glock will likely handle what ever I need, but as I said I can see a use for the AR pistol. By the way I do not own an AR pistol.
    I just strongly disagree with the attitude behind the statement below in that sometimes a little knowledge can lead people to thinking they know more than they do.
    smart and go to a good ccw class, and learn. And you wouldn't have to aske this question.
    By the way one good CCW class is just the first step of the ladder to learning the art of the pistol. Train the way you carry and live. For example do not train with a holster that just fits inside of the rules for some of various gun games people play. Train from your concealment holster with your shirt over the gun.
     
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    FrankT

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    I am with JJ here, learn to use your handgun, you are not out killing people in cars or attacking large groups of people with an AR. If you follow your training you fight to get out of trouble not to get deeper into it. For me paranoid people are the worst to carry in the first place. My Glock with a 15 rd mag and a 33 spare is enough for defense and to get out of all the trouble I want to have in the Walmart parking lot.
     

    SGB

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    I am with JJ here, learn to use your handgun, you are not out killing people in cars or attacking large groups of people with an AR. If you follow your training you fight to get out of trouble not to get deeper into it. For me paranoid people are the worst to carry in the first place. My Glock with a 15 rd mag and a 33 spare is enough for defense and to get out of all the trouble I want to have in the Walmart parking lot.

    Everyone has their comfort level, some are happy with a 5 shot .38 and no reload ............. others like me have a "better have it and not need it than need it and not have it" frame of mind.

    My EDC

    23mlpo0.jpg

    ...... and what I keep under the rear seat of the truck

    IMG_3873.JPG

    Barnes 300 AAC BLK 110 VOR-TX with TAC-TX FB Black Tip Bullet_zpsrmhinyfq.jpg
     

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    Jester896

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    I know I'm going to catch it for this

    i can't imagine why...seems like it would be hard to deploy from the passenger seat...unless it was through the passenger window even with a ton of training :D

    velcro strap that short barreled puppy to the door pillar on the drivers side between the front and back seat. get out and rip the loop and use pillar for cover or it is not far from a wheel well
     

    Telum Pisces

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    Either concealed with a ccwl, securely encased, or going to and from one of the activities that allow open carry! Those are the only ways to have a handgun in your vehicle.

    There's no stupid step rule or anything else that will keep you legal. Read the law and just go by it.

    And if the OP wants to have that in his vehicle, that's his business. I don't need to give my opinion one way or another about what someone wants to carry.

    Sent from my XT1710-02 using Tapatalk
     

    John B.

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    Either concealed with a ccwl, securely encased, or going to and from one of the activities that allow open carry! Those are the only ways to have a handgun in your vehicle.

    There's no stupid step rule or anything else that will keep you legal. Read the law and just go by it.

    And if the OP wants to have that in his vehicle, that's his business. I don't need to give my opinion one way or another about what someone wants to carry.

    Sent from my XT1710-02 using Tapatalk
    This.

    Sent from my SM-G950U using Tapatalk
     

    wildrider666

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    According to a LEO in Pensacola this is not entirely accurate. If you have a ccw permit and carrying a pistol, you do not need to hide it from view in your vehicle as Florida considers your vehicle an extension of your home. According to him you can stick it in a holster and lay it on your front seat or wedge it between your seat and console and your good to go. This is for CCW permit holders only mind you.
    This statement conflicts itself. Since your vehicle is an extention of your home (correct): You DO NOT NEED A CCW to have a properly encased firearm in a vehicle. A CWP would allow that person to "carry it" physically on their person (body).

    People are getting confused mixed messages and transition is not clear. I'll try and break it down further.

    1. No CCW, don't even need to be a Fl Resident, just within the State: You may lawfully carry an loaded "totally encased" firearm within the passenger compartment. The encased firearm can not be on your person (body).

    2. No CCW, while In the process (ACTUALLY GOING) during a Mandatory Evacuation: you may conceal carry a weapon or firearm within the boundaries of Florida. FL 790.01 (3)(a)

    3. A person with a CWFL GETS INTO A VEHICLE (conveyance):
    a. The person can carry a properly concealed handgun on their person (body).
    b. The person carrying a handgun "concealed off-body" with handgun in open compartment of a purse (not encased but concealed) and kept within reach (manual possession) still lawfully carrying under their CCWL.
    c. The person is "carrying off-body " with handgun in a briefcase (totally enclosed) fits both lawful requirements for CCW (within reach equals manual possession) and without CCW: firearm in a conveyance.
    d. The person is carrying "on body" then removes the handgun from his person: if snapped in holster or otherwise he further "totally encased" it: it falls outside of his CWP and into the Statute of firearm in conveyance.
    e. The person keeps the CCW handgun concealed on his person AND has an additional fully loaded firearm snapped in a holster or otherwise "totally encased" within the passenger compartment. The handgun and firearm are both legal simultaneously. One does not impact the legality of the other.

    Note: "Handgun" and "Firearm" mean different things dependent on the Statute.
     
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