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Hey guys.

Let me first say that I have a concealed weapons license and have always packed heat as long as I've been legal. My wife however is new to guns but is willing and ready to learn. Today I bought a S&W 38 SPL forher to use. She does not have a CWL yet but will be getting it as soon as possible. I would like for her to have the gun at least in the car when she is alone until she has her CWL. I have been looking at the Florida Statutes for concealed weapons, firearms, etc. What I found seems to say that she can keep the gun in her glove compartment as long as it is shut. It doesn't specify loaded or not but a couple years ago I seem to remember reading that you could have a loaded gun in the glove box without a CWL.

Below I pasted sections of thestatutes where I found this information. It seems straight forward but I would like to hear someother facts/opinions on the matter before I send her out with a gun in the glovebox. Am I interpreting this right?Maybe some LEOs could chime in. Thanks in advance!



790.25 Lawful ownership, possession, and use of firearms and other weapons.--

(3)LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(l)<U>A person traveling by private conveyance when the weapon is securely encased</U> or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

(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.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=->2009->Ch0790->Section%2025#0790.25
 

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well the best way is to ask an attorney, however i have readthe stautes over and over....MY OPINION is....It needs to be secured and not readily available for use....ie..... in a glove box, closed;in a console with the lid down, possibly in a case in the back seat that is closed or zippered, in a holster placed such as it is not readily available.

Thelaw states that this is to be "liberally" construed in order to protect our rights under the 2nd ammendment!

Good luck, protect and defend!
 

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I've gone through several classes about it over the yrs and am by no means current, but being a retiree, I don't need to attend the class but have my CWL appt set up for 1 FEB. The latest, I remember to always be "legal" if not a permit holder was the three step rule......ie...(1)in the glove box, (2) in a holster or zippered case, (3) not a chambered round.......obviously this applies to a semi auto........some of the LEO's correct me if I'm wrong but this was my latest understanding for legally "transporting" a loaded firearm.....
 

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iknow we are talking hand guns. but what happened to the good old days of having 2 shotguns/rifles loaded to the brim on the gun rack on the back window of your truck?

i MISS THOSE DAYS
 

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bluffman2 (1/6/2010)iknow we are talking hand guns. but what happened to the good old days of having 2 shotguns/rifles loaded to the brim on the gun rack on the back window of your truck?

i MISS THOSE DAYS
Well some crackhead broke the back window stole the guns, robbed a liquor store, did a few ride by shootings on the way to the pawn shop where he sold em for $40 ......
 

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I am only 36 but I remember the gun rack days. Seems like these days some scum bag would likely break your window and steal your long guns if they were on display. Back in the day you could rack a 30/30 lever actionand a scatter gun in your pick up truck window and no worries. These days not so much. I carry my HK P30 loaded without one in the pipe and in a holster.
 

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In Florida, you can have a firearm that is securely encased. Whether it is loaded, cocked and locked, whatever. Securely encased can be in a SNAPPED holster with a rag on top of it, a shirt or anything. An unlocked glovebox, or center console, a closed shoebox, also fit the parameters of Florida Statutes, loaded or not.



floridaconcealedcarry.com is an excellent forum based website which deals directly with gun ownership and use in the State of Florida. They have some 2A lawyers on there that can guide you on what is legal, and what is not.
 

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Bluesbreaker, I'm in the same boat as you with having CCW and the wife not. I want the wife to have a self defense weapon in the car incase of the worst...the unfortunate truth is that I don't believe she would have the ability to pull the gun and use it in the correct manner. She has always said for me to leave a loaded gun somewhere in the house incase the worst were to happen...I told her honestly, "What would be your first instinct if someone kicked the door in, would you get the gun and kill them or would you grab the kid and shut yourself in a room and dial 911". More than likely grab the kid...I guess its because I always run the senario in my head and she doesn't think twice about it. Being prepared is the best defense.

The other problem with having a gun in a car and not having the ablility to carryit would be that you leave your car unattended with a loaded gun in there. What if someone stole the car or broke in? They would now have a loaded gun. Do you have serial numbers for all your guns?

The best way would be to have a lockbox that is bolted to your floor so nobody could get into it if they broke into your car. Some people say I'm paranoid, I say I'm prepared. :usaflag
 

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aerialjc (1/6/2010)

The best way would be to have a lockbox that is bolted to your floor so nobody could get into it if they broke into your car. Some people say I'm paranoid, I say I'm prepared. :usaflag


Hmm, so the lockbox idea means that if a person ever actually needed the weapon, they would have to dig the keys out, fumble for the right key and then have to unlock the lock box and then try and use the weapon.



Now how is that prepared, in my opinion you might as well keep the weapon at home, does about the same about of good.
 

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Foe some reason when you mention the "Step" policy some people get in an uproar, but it simply means you must make two seperate actions to get to the gun "STEPS" if you will, mine is loaded with one in the chamber in a holster in the glove box, STEP ONE open glove box, STEP TWO, pull out of holster = LEGAL.
 

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stonedv8 (1/7/2010)
aerialjc (1/6/2010)
The best way would be to have a lockbox that is bolted to your floor so nobody could get into it if they broke into your car. Some people say I'm paranoid, I say I'm prepared. :usaflag
Hmm, so the lockbox idea means that if a person ever actually needed the weapon, they would have to dig the keys out, fumble for the right key and then have to unlock the lock box and then try and use the weapon.

Now how is that prepared, in my opinion you might as well keep the weapon at home, does about the same about of good.
no, not really. I've thought about trying to put one of those electronic combo boxes in my vechile, the one like you put on your nightstand and the buttons are laid out on a had print so you can put you hand up there in the dark and open. DOn't know if it could be done or not though



I'm in this problem to. I have small kids who know not to touch the guns, but still. To have them in a car where they can easily be had by kids? They know not to, but willing to bet thier life on it? And what about when friends are there? Same issues in the house.

As far as the "how to carry in the car" rules. I do see this all the time. Someone says the three-step rule (the old rule) and then someone else says "no, its changed, you only have to do this". But then really, the new rule seems pretty much like the old rule. Or at least if you follow the old rule you'll be fine.
 

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We get asked this all the time at the station. Short answer, yes you can legally keep a loaded weapon in your glovebox, locked or unlocked even if you do not have a cc permit. That is assuming of course that you are at least 21 (for handguns) and that it is legal for you to possess a firearm, meaning you aren't excluded for being a convicted felon etc etc
 

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The sad thing is that you even have to think about carrying, or keeping a gun in your car to protect yourself. I own lots of guns, but I live in a small n. Al community where I don't worry about this kind if stuff. Has Pensacola gotten that dangerous? Our front door is usually unlocked except when we go to bed, and I only lock my cars when we leave for OB.
 

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mongo (1/7/2010)We get asked this all the time at the station. Short answer, yes you can legally keep a loaded weapon in your glovebox, locked or unlocked even if you do not have a cc permit. That is assuming of course that you are at least 21 (for handguns) and that it is legal for you to possess a firearm, meaning you aren't excluded for being a convicted felon etc etc
You only have to be 18 to posses a handgun, but 21 to buy gun or ammo.
 

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Bluesbreaker (1/6/2010)





790.25 Lawful ownership, possession, and use of firearms and other weapons.--



(3)LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:



(l)<U>A person traveling by private conveyance when the weapon is securely encased</U> or in a public conveyance when the weapon is securely encased and not in the person's manual possession;



(17)"Securely encased" means in a glove compartment, whether or not locked;OR snapped in a holster; OR in a gun case, whether or not locked; OR in a zippered gun case; OR or in a closed box ORor container which requires a lid OR or cover to be opened for access.



http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=->2009->Ch0790->Section%2025#0790.25


Got my ccw permit 09/2007 instructor informed us that there is no three step rule nor two step rule. Unless you count opening something and placing hand on the grips as two steps.



As the law quoted says above, weapon can be in a closed glove compartment locked or not locked. OR snapped into a holster. Not in a holster AND in the glove box. A gun can also be loaded AND chambered as long as it is securely encased.

And all of the other "Securely encased" means listed above allow you to carry it on the seat next to you also.
 

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Buckyt (1/7/2010)The sad thing is that you even have to think about carrying, or keeping a gun in your car to protect yourself. I own lots of guns, but I live in a small n. Al community where I don't worry about this kind if stuff. Has Pensacola gotten that dangerous? Our front door is usually unlocked except when we go to bed, and I only lock my cars when we leave for OB.
Don't ever think that "It will not happen to you". It can. It does not matter where you live anymore. Crime against you and your family can happen anywhere and at any time. It's just good practice to prepare yourself.

Pensacola is just like every other city in the country. Crime has risen with the bad economy.
 

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You guys worry too much. IMO if you're not breaking "other laws" where you place your gun in your vehicle really doesn't matter. Mine lays openly on the seat of my truck or on the console when I'm in it (no holster, loaded with one in the chamber). If I hit a LE road block, or get pulled over by LE it goes in the glove compartment. When I'm not in the truck, it goes into the glove compartment. If my truck get's broken into and the gun is stolen, I'll replace it. If I get caught I'll take the misdomeanor. The world is too mean now days.
 
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