So, is this a "concealed handgun"???

[03trubluGT]

This conversation is a perfect way to gauge good officer discretion.

This is EXACTLY why I had this discussion with my team.

[BradM]

Im with Denny, I have a box just like it that and it's empty.

[Venix]

You can buy those boxes for $15-20 and store anything you want in them. A box means nothing. The State is fine with you having a paper towel over your handgun as long as it is not seen. You are just screwed when the paper towel blows off.

[likeitfast55]

I guess I would ask what is the driving reason Matt. As you know a car has been ruled an extension of a persons home.


FL SS 790.25(5) states anyone 18 or older can have a loaded or unloaded gun in their "private conveyance" as long as:

It's NOT "Readily accessible for immediate use" or it IS "securely encased"

The law also clearly defines both (FL SS 790.001):

790.01(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.

790.01(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.

I believe that covers a gun in a car. Now a CHL holder MUST identify themselves to the officer first. Then it becomes the officer's discretion of disarming said John-Q.
That is how I was taught and read for myself in the CHL laws.

Two different situations, I believe that depend on weather or not the person identifies him/herself to the officer.

I would love to hear your take on the Matt. Often have this conversation with my friends. Their contention is that they can carry a gun in their car without telling the officer they are or not a CHL holder.
Shed some light for me.

[2165 Turbo Rail]

Yes it is concealed

[Chas_svo]

Yes.

Also shows you might be a Glock lover. Think higher.




I'm just giving you crap.

[GrayStangGT]

concealed

[UserX]

Here's what's in the box. My BNIB Gen4 Glock19

I'm jelly, that's what I want to buy for my first handgun.

[03trubluGT]

MY interpretation is just as you guys see it.

I haven't seen any case law to the contrary, but all it takes is one officer that thinks that "civilians" shouldn't be carrying guns, and then you have to fight an arrest.

It's my opinion that the gun is concealed, and that the case could just as easily be empty, or filled with donuts.

[03trubluGT]

Yes.

Also shows you might be a Glock lover. Think higher.


I'm just giving you crap.

I'm just a gun lover. There could be a S&W/Sig/Kimber/Ruger in that box.

[Silverback]

It is concealed and is contained.

No different than being in a zipped range bag on the seat.

[Probie]

What did the rest of your team think?

[likeitfast55]

In the car concealed, does a CHL holder have to identify him/herself? I understand if the gun is on said persons body, what if it is like you see it in the example ----- gun in case loaded?

Does the CHL holder have to identify him/herself?

I have no reason not to, so I will. What say you?

[03trubluGT]

What did the rest of your team think?

The ones that responded (informal roll call) said the same thing. If anyone had an opinion in the other direction, they didn't voice it, and at now they know the rest of the team's opinion.

The next time I get to meet with an ADA, I'll post the question to them and get a prosecutor's opinion.


That is unless it's you JMB! Then you're getting a trip to the gray bar motel!!

[03trubluGT]

In the car concealed, does a CHL holder have to identify him/herself? I understand if the gun is on said persons body, what if it is like you see it in the example ----- gun in case loaded?

Does the CHL holder have to identify him/herself?

I have no reason not to, so I will. What say you?

This is splitting hairs, but I would err on the side of caution and ID myself.

Personally, most officers (myself included) like CHL'ers and use a liberal amount of discretion when dealing with them. I think they've earned it.