Police Officer Preparation & Law Enforcement Resource - Archive

I have a quick question about having a handgun in my car. In the state of Florida as many of you might know it is legal for someone 18 years or older to possess a handgun in their automobile as long as it is in an enclosed area. I do not own a handgun since I am under 21 years old but my father keeps one in his car in the glove box. Since I no longer have my own car when I am home in Florida for the summer I will drive my father’s car. I was wondering if I was ever stopped for a traffic violation should I tell the Officer that there is a firearm in the car immediately or should I just not mention it unless the officer wants to search the vehicle or if the officer does ask about any weapons. None of the vehicle’s papers are in the glove box and I would never need to open the glove box.

I feel that mentioning the firearm would add unneeded stress and complications to the stop but I also feel that I should tell the officer immediately incase he did want to search the car for any reason I also feel that legally it is the correct thing to do too. I tried searching online for a law but could not find anything about telling a LEO.
Thanks for the advice.

Are you 100% positive about your "legal standing"? Post a link to the statute/code....

Tell your father that it's not wise to leave a firearm in an unattended vehicle (for obvious reasons). Then you don't have to worry about this.

From this link:

http://crime.about.com/od/gunlawsbystate/p/gunlaws_fl.htm


It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use.

You cannot obtain a carry permit unless you're 21. As far as 18 - 21, I quoted the above. Question is, do Florida officers consider a firearm in an unlocked glovebox "not readily accessible for immediate use." If not, then you may have a problem.

glovebox = lungable/grabable, DEFINITELY is readily available.

Yes I am 100% sure the firearm is legal. I never thought about the gun being the car unattended I will give this advice to my father I have been telling him to get a CWP. Anyway but in the chance that the firearm is in the car what should I do if I was stopped? I want to have officer saftey in mind and not be breaking any laws, does the law require me to tell the officer right away even if it in a place I would not even go near?
thanks.
(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.

http://www.leg.state.fl.us/statutes/...20001#0790.001

link doesn't work - which 790 section are you citing?

Per Florida Statue 790.001 (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=-%3E2008-%3ECh0790-%3ESection%20001#0790.001) (16) & (17):


(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.

You will be fine as long as you tell the officer up front that your father keeps a weapon in the glove box. DO NOT reach for the glove box until you have told the officer this and he tells you how to proceed.

After briefly reading some sections in 790, my opinion is that someone needs to do a serious re-write. 790 seems to be saying that it's ok to have whatever legal firearm(s) you want in your car - you could even be holstered/concealed up to your gills. BUT, once you step out of your vehicle, you can't have anything on you (unless specially excepted). IF that is true, that sounds really stupid to me. Either ban it everywhere or let everyone have it everywhere.

I'm glad TN is different. If it is within reach, then a CCW is required.

I think it should make a difference whether the glovebox is locked or not. Obviously whomever wrote the statute has never timed someone retrieving something from a glovebox.

I'm glad TN is different. If it is within reach, then a CCW is required.

I think it should make a difference whether the glovebox is locked or not. Obviously whomever wrote the statute has never timed someone retrieving something from a glovebox.

That too! And "securely encased" means "snapped in a holster"... :rolleyes:

That too! And "securely encased" means "snapped in a holster"... :rolleyes:

I don’t get that part of the law. Not that I would ever carry a gun that way that is just plain stupid. But does this mean that someone could just put a gun on the seat next to them as long as it is in a holster? That makes no sense to me.

Castle law in Florida also pertains to your car, (at least I think) so this might be a reason to why they have such lose restrictions?

That too! And "securely encased" means "snapped in a holster"... :rolleyes:

Based on those two definitions, by Florida law LEO's weapons are not considered ready for immediate use lol

Based on those two definitions, by Florida law LEO's weapons are not considered ready for immediate use lol

LOL!!

Just move to Alaska where the gun laws are much more simple. No one even needs a CCW anymore.

I was wondering if I was ever stopped for a traffic violation should I tell the Officer that there is a firearm in the car immediately or should I just not mention it unless the officer wants to search the vehicle or if the officer does ask about any weapons. None of the vehicle’s papers are in the glove box and I would never need to open the glove box.

This is just me but if I have a weapon in my car I tell the officer immediately.