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handgun in truck with cwp

I have a cwp and I was wondering if it was legal to have my handgun in the open in my truck..I always assumed it was legal..the reason I'm questioning myself now is I keep a little junk pistol in a little open cutout under my radio on my center console..a friend seen it and told me it was illegal to have it in the open that way while driving..I tried to google it but couldn't find a answer

Replies

  • cprcpr Posts: 9,301 Admiral
    If it's not concealed it's not legal. IMO


    790.053 Open carrying of weapons.—
    (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
    (2) A person may openly carry, for purposes of lawful self-defense:
    (a) A self-defense chemical spray.
    (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
    (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


    Q. When is a Handgun "Concealed?"
    A. The Florida Legislature defines a concealed firearm as any firearm “carried on or about a person in such a manner as to conceal it from the ordinary sight of another person.” A person carrying a concealed firearm without a license is guilty of a felony of the third degree. The penalty for this offense is a prison term of up to five years.
    "The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function." F. Scott Fitzgerald

    "Prediction is very difficult, especially if it's about the future." Niels Bohr
  • MateauMateau Posts: 268 Deckhand
    It is different when you have a permit. You should be good to go. Carrying it in your lap while you drive around is ok as long as you arent waving it around, which I assume you are not, since you have a permit. Most permit holders I have delt with, are legit folks. Most, not all. But to answer your question, you can carry it on your lap while you are in your vehicle.
  • tagtag Posts: 9,191 Admiral
    You should have the weapon in a secure place while off body in your truck. Do you really want your pistol flying around if you get into a wreck? What are you going to do with the firearm if the cops stop you? Leave it visible? Try to hide it?
  • BatchBatch Posts: 33 Deckhand
    If you have a CWP you can either choose to have the firearm concealed on or about your person or securely encased. If it is concealed it falls under your CWP. In "Florida Firearms Law, Use, and Ownership 8th Edition" by Attorney Jon Gutmacher. He says that you should be legal with a CWP if the gun is under a towel on the seat. But, it has to be concealed from site.

    Anyone who is not a prohibited person may have a firearm securely encased anywhere in the vehicle. So, if the gun is in a snapped holster where you keep it you should be fine.

    Securely encased means in a snapped holster loaded or unloaded, anywhere in the vehicle. In a closed console or glove box loaded or unloaded (it just has to be closed, NOT locked). In a zippered gun case loaded or unloaded. in any other containe from which the gun cannot be fired until it is withdrawn. A shoe box on the seat would suffice so long as it is closed. FS 790.25
  • ReelthiefReelthief Fort Lauderdale Posts: 127 Deckhand
    Mateau wrote: »
    It is different when you have a permit. You should be good to go. Carrying it in your lap while you drive around is ok as long as you arent waving it around, which I assume you are not, since you have a permit. Most permit holders I have delt with, are legit folks. Most, not all. But to answer your question, you can carry it on your lap while you are in your vehicle.
    This is not correct. The cwp is just that, a permit to carry concealed. In your lap in a vehicle would be considered an open carry and not legal.
  • voltmanvoltman Posts: 145 Deckhand
    asking three questions,looking for answers.
    without a cwp can one carry a loaded pistol in the glove box
    can one carry exposed riffles in the rear window of there truck on a gun rack. {just asking}
    can my wife carry pepper spray in her purse
    all of these are without a cwp
  • 9ball9ball Posts: 694 Officer
    .
    “Beer is proof that God loves us and wants us to be happy.” Benjamin Franklin
  • 9ball9ball Posts: 694 Officer
    voltman wrote: »
    asking three questions,looking for answers.
    without a cwp can one carry a loaded pistol in the glove box
    can one carry exposed riffles in the rear window of there truck on a gun rack. {just asking}
    can my wife carry pepper spray in her purse
    all of these are without a cwp

    Yes...all three are legal.
    Batch wrote: »
    If you have a CWP you can either choose to have the firearm concealed on or about your person or securely encased. If it is concealed it falls under your CWP. In "Florida Firearms Law, Use, and Ownership 8th Edition" by Attorney Jon Gutmacher. He says that you should be legal with a CWP if the gun is under a towel on the seat. But, it has to be concealed from site.

    Anyone who is not a prohibited person may have a firearm securely encased anywhere in the vehicle. So, if the gun is in a snapped holster where you keep it you should be fine.

    Securely encased means in a snapped holster loaded or unloaded, anywhere in the vehicle. In a closed console or glove box loaded or unloaded (it just has to be closed, NOT locked). In a zippered gun case loaded or unloaded. in any other containe from which the gun cannot be fired until it is withdrawn. A shoe box on the seat would suffice so long as it is closed. FS 790.25

    This is correct!
    Mateau wrote: »
    It is different when you have a permit. You should be good to go. Carrying it in your lap while you drive around is ok as long as you arent waving it around, which I assume you are not, since you have a permit. Most permit holders I have delt with, are legit folks. Most, not all. But to answer your question, you can carry it on your lap while you are in your vehicle.

    This is bad advise and illegal.
    “Beer is proof that God loves us and wants us to be happy.” Benjamin Franklin
  • voltmanvoltman Posts: 145 Deckhand
    what is the definition of a prohibited person?im thinking a felon or someone not aloud to own a firearm,but could you elaborate.
    it seems that it would just be easier to get a cwp and keep it concealed and not worry about it ,,but ''without'' a cwp your saying i can keep a firearm loaded or unloaded in a carrying case anywhere in my vehicle?
    thank you in advance btw
  • VTXFRENZYVTXFRENZY Posts: 155 Deckhand
    CWP: "Concealed" Weapon Permit. Laying in your lap, on the seat, or in the cutout under the radio is "not" concealed.
  • 9ball9ball Posts: 694 Officer
    voltman wrote: »
    what is the definition of a prohibited person?im thinking a felon or someone not aloud to own a firearm,but could you elaborate.
    it seems that it would just be easier to get a cwp and keep it concealed and not worry about it ,,but ''without'' a cwp your saying i can keep a firearm loaded or unloaded in a carrying case anywhere in my vehicle?
    thank you in advance btw

    Convicted Felons are prohibited along with those convicted of domestic violence or if they have an active injunction to name a couple of others.

    Yes, as long as the gun is securely encased (meaning snapped holster or in any box that has a lid) you can carry it in your car without a CWP.
    “Beer is proof that God loves us and wants us to be happy.” Benjamin Franklin
  • Pescatoral PursuitPescatoral Pursuit Posts: 5,065 Admiral
    "Concealed" is the "C" in "CWP."

    CONCEAL
    [kuh n-seel]
    verb (used with object)
    1.
    to hide; withdraw or remove from observation; cover or keep from sight:
    He concealed the gun under his coat.
  • boneheadhuntingboneheadhunting Posts: 141 Deckhand
    As far as I know when you don't have a CWP and you are traveling with a firearm it has to be unloaded, if it has a clip the clip needs to be out of the gun, and the gun needs to be in some sort of case.
  • 9ball9ball Posts: 694 Officer
    As far as I know when you don't have a CWP and you are traveling with a firearm it has to be unloaded, if it has a clip the clip needs to be out of the gun, and the gun needs to be in some sort of case.

    Yes it has to be in a case, no it does not have to be unloaded. Full magazine and one in the chamber is perfectly legal as long as it is a closed box or snapped holster.
    “Beer is proof that God loves us and wants us to be happy.” Benjamin Franklin
  • OverheadOverhead Posts: 300 Deckhand
    9ball, just to be clear, a holster with a snap/retention strap would make the OP's scenario legal? A pistol in a holster with a retention strap stored in the same open cutout in his dash, visible to his passenger or anyone that walked up and looked into the vehicle.
  • OverheadOverhead Posts: 300 Deckhand
    Mateau wrote: »
    It is different when you have a permit. You should be good to go. Carrying it in your lap while you drive around is ok as long as you arent waving it around, which I assume you are not, since you have a permit. Most permit holders I have delt with, are legit folks. Most, not all. But to answer your question, you can carry it on your lap while you are in your vehicle.

    You are an officer for the Jacksonville Sheriff's department? Scary!
  • 9ball9ball Posts: 694 Officer
    Overhead wrote: »
    9ball, just to be clear, a holster with a snap/retention strap would make the OP's scenario legal? A pistol in a holster with a retention strap stored in the same open cutout in his dash, visible to his passenger or anyone that walked up and looked into the vehicle.

    Yes, if it was in a snapped holster. Snapped holster = securely encased.
    “Beer is proof that God loves us and wants us to be happy.” Benjamin Franklin
  • Bite 1Bite 1 Posts: 489 Deckhand
    Just heard Virginia is pulling out of reciprical CWP of 25 states please be aware when traveling there. Effective 2/1/16. Hope it's not true. Any more info on this?
  • OverheadOverhead Posts: 300 Deckhand
    The yellow sheet that shows reciprocity with other states that I received with my renewed license 12/18/15 does not indicate that regarding Virginia.
    It does say that for Virginia it is valid for handguns and pistols ONLY, not stun guns, knives and bully clubs.
    It also states non resident permits issued by Virginia cannot be honored in Florida.
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