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driving with a hand gun

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ash4614

Junior Member
i live in florida. i am currently waiting for my concealed weapons permit in the mail and the instructor couldn't answer this question. when traveling in a car (permitted or not permitted to carry concealed weapons.) when the firearm is securely encased, and you get pulled over. lawfully not obligated to admit carrying a gun until asked. when you do bring the fact that you have a "securely encased" weapon in your vehicle. what is the leo's procedure? is he going to retrieve my gun? and most importantly, am i going to lose my rights to saying no to a search of my vehicle? (giving that he is going to grab my gun) do i loose my right to a secure vehicle from search?
 


justalayman

justalayman

Senior Member
(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.
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Do you know what a terry search is? admitting to a weapon in your vehicle will possibly cause the leo to demand a terry search of your vehicle and yourself.

You cannot prevent him from searching, even if it is improper. If anything incriminating is discovered during an impropre search, you would need to contest the admissability of said evidence prior to any trial.

You can always say no.

a terry seacrch has limitations. If the weapon is in the trunk, that is not going to allow him to search the vehicle.

for some strange reason, I cannot imagine a point in which an officer would simply ask it you have a weapon in your vehicle. In all the times I have been stopped, I have never been asked this question.
 
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ash4614

Junior Member
i greatly appreciate the knowledge. i didn't know about terry searches. maybe the question of having weapons is uncommon for you because you older? i don't know. it seems to be part of a routine traffic stop where i'm from. or at least when they pull ME over. (not to say i'm uncooperative, because i am very much willing and cooperative)
 
justalayman

justalayman

Senior Member
You might want to do a bit of research on Terry searches then so you do understand what they are and what the officer can do.

the gun in the trunk away from any rear seat hatch is the best place for it.
 
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