Moving to Florida/Gun Relocation Questions

[lacoochee]

3 Step rule, gag

Where in the hell did this myth come from? Is there some misbegotten corner of the universe where some state legislature, passed a totally ambiguous law called the "three step law"?

Anyways back on topic, buy this book, http://www.floridafirearmslaw.com/index.shtml, really!! buy it right now and start reading it will save you a lot of grief in the future.

Having said that get your CCW when you get here, don't know when you are arriving but you can get the training and paperwork at http://southernclassicgun.com/Schedule.htm or search for sun coast gun shows at google. *Note CCW holders do not have a waiting period for gun purchases any where in the state of Florida, regardless of local laws.

Major differences between Virginia and Florida, include but are not limited, No Open Carry, you can carry a loaded firearm in your vehicle as long as it is in an enclosed container (no lock necessary, zippers are ok), this includes consoles and glove compartments (3 step rules not withstanding, lol). You can carry a concealed weapon in a restaurant that serves alcohol as long as its not in the bar area of that restaurant, assuming you have your ccw. Oh and even cooler, get it soon and it will be signed by Charles Bronson (not the actor) just the secretary of commerce, very cool.

We have great billboards put up at anti-gunner expense telling out of state visitors that the locals are armed and can use deadly force! We all really like them and laugh everytime we see one on the side of the highway. Stop and get your picture taken in front of it, we all do, and send it to your friends up North.

 

[Hkmp5sd]

Where in the hell did this myth come from? Is there some misbegotten corner of the universe where some state legislature, passed a totally ambiguous law called the "three step law"?

The Myth comes from decades of individual police officers choosing their own definition of what "readily accessible" means. For example, you stated that a firearm is legal in a vehicle as long as it is in an enclosed container. That isn't true. Having a handgun in the middle console of your vehicle will get you arrested for carrying a concealed weapon. Having a handgun in a zippered case under the driver's seat will get you arrested. Over the years, the "custom" has been that if multiple actions are required to get to the gun, it isn't readily accessible. That has come to mean in a zippered case and/or holster with strap AND placed in the glove compartment.

At least, that is my understanding having carried a handgun in my vehicle for 30+ years and teaching the state CCW course for 19 years, after countless discussions with LEOs across the state.

The best course of action is to get a CCW and not have to worry about it.

 

[knuckles]

Sorry HK but that is incorrect. Have a look:

http://licgweb.doacs.state.fl.us/news/concealed_carry.html

About 2/3d's of the way down the page note question 6. Second paragraph of the answer says:

Section 790.001(17) defines the term "securely encased" to mean "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."

However, I will give you the benefit of the doubt by saying that, just because your firearm is 'securely encased' doesn't mean the cop who has pulled you over will agree with the legal definition.

 

[Hkmp5sd]

I've seen the definition. The problem is that the law describing illegally carrying a concealed weapon does not mention "securely encased" as one of the exceptions. It merely states "on or about his person". Thus comes the thumbrule.

Under 790.001(17), a gun snapped in a holster on a person's belt would be "securely encased". It would also be illegally carrying a CCW.

Here's the one that bites you:

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.

 

[Mannlicher]

I see zero problems with your bringing your guns down. Florida is as 'Citizen friendly' as they get, when it comes to guns. There are no weird local things with guns in Orlando.
Folks can argue how many angels fit on the head of pin in Florida, but in all my 60 years here, I have never seen any honest Citizen given grief for having a gun in their car. Your auto is an extension of your home here, and you can pretty much carry how, and what you want.

 

[lacoochee]

HK, the three step rule is still silly.

Also I am pretty sure that it is decided case law concerning the center console of your car. But in the end you are right get your concealed permit and the whole thing becames becomes moot. It also keeps you from becoming an automatic felon everytime you drive within a thousand feet of a school. Another benefit of getting a concealed weapons permit in Florida is that the state government sees that yet another potential Florida voter is a supporter in fact of the natural right of self defense.

From packing.org

It is not necessary to have a license or permit to carry a loaded firearm in a private vehicle, so long as the gun is "securely encased". Florida law defines a weapon as being securely encased if the firearm is in a glove compartment, whether or not locked, in a snapped holster (not worn on your body!), in a zippered gun case or in a box or other container that requires a lid or cover to be lifted or opened in order to gain access to the firearm. These restrictions do not apply to any person who holds a valid Florida Concealed Weapon License or a reciprocal state license/permit.

http://www.packing.org/state/florida/
or
http://licgweb.doacs.state.fl.us/

790.25 (5)
(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.

 

[Hkmp5sd]

the three step rule is still silly.

I agree totally. But it is part of being in Florida and it is by no means a "myth". I know guys that have been busted. Some have managed to get out of it, some now have a misdemeanor conviction and had their weapons confiscated. But don't trust me and don't trust packing.org. If in doubt, contact the State of Florida and get a written response. I'm not a lawyer and not the one paying lawyer fees if you get busted. Bottom line, get a CCW and forget about it.

It also keeps you from becoming an automatic felon everytime you drive within a thousand feet of a school.

Actually, Florida law allows you to possess a firearm in your vehicle on school property.