Carrying a weapon in your car

[normiss 622]

So a coworker who does NOT possess a concealed weapon permit asked me a good one today.

IF I'm carrying in my car, legally of course - it's loaded and in the holster with a snap closure -
I get pulled over - am I required to declare the weapon to the police officer???

I think it's a good idea, but not sure if it's required. Unless they have probable cause and are about to - then by all means declard be search begins!
I always declare when stopped if I'm packing - as a CWP holder I believe it's required...and at the very least a good idea. Not that I get stopped very often though...only ever had to declare once.

BTW - Florida specifically.

[mnealtx 0]

Quote

So a coworker who does NOT possess a concealed weapon permit asked me a good one today.

IF I'm carrying in my car, legally of course - it's loaded and in the holster with a snap closure -
I get pulled over - am I required to declare the weapon to the police officer???

I think it's a good idea, but not sure if it's required. Unless they have probable cause and are about to - then by all means declard be search begins!
I always declare when stopped if I'm packing - as a CWP holder I believe it's required...and at the very least a good idea. Not that I get stopped very often though...only ever had to declare once.

BTW - Florida specifically.

I know that in Texas, you have to declare and provide the CCW license - I don't know what Florida law requires in that respect.

*Edit to add: I don't know how accurate this info is, but it may be a place to start, exclusive of your state's law websites*

http://www.handgunlaw.us/

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[SpeedRacer 1]

I think in Maryland you have to have the weapon & the ammo in separate containers (not loaded). but I'm no expert.

Speed Racer
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[normiss 622]

The same applies in Florida IF I'm a CWP holder.

It is also legal to carry in the car IF it is "securely" stored. A snapped holster has been defined as permissible...

hmmm...

[kelpdiver 2]

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IF I'm carrying in my car, legally of course - it's loaded and in the holster with a snap closure -
I get pulled over - am I required to declare the weapon to the police officer???

State law is always the first answer on this.

After that...from the perspective that having the cop see it and react on instinct is a good reason to declare it up front. But...there is the risk that he will put you through the ringer looking for technical violations with the gun or the vehicle in response.

I live in CA - I don't get to worry about such problems. Mine is the requirement that the gun and ammo be separate and locked up and owning a wagon (no trunk), which isn't very clearly covered by the words of the law.

[AggieDave 6]

It completely depends on your state's laws. I'm more then sure your state's laws are online. Read them, educate yourself.

In TX as of September of last year you can carry a loaded handgun in your vehicle if it is concealed and it is legal for you to possess a weapon (not a prior felon, no convictions of family violence, etc). That's if your contact with the police is due to a simple MC traffic violation. Any other MC or MB and higher traffic violations that handgun becomes UCW. Another MC could be DOC-language, possession of drug paraphernalia, as well as other seemingly "simple" violations of Texas Law.

When people ask I simply recommend they 1) talk to their lawyer for further clarification with regards to case law and 2) just go get their CHL to clear up any confusion.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[Zee 0]

In Florida you have to show your permit upon request from an LEO. You don't have to inform the officer of anything unless he asks.

IME it's a good thing to tell them though. They always appreciate the fact that you warn them ahead of time that you have a gun in the car and they often start talking guns and forget about the citation.

Action©Sports

[LouDiamond 1]

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They always appreciate the fact that you warn them ahead of time that you have a gun in the car

There is a right way and a wrong way to warn an officer that you have a weapon in the car. Done incorrectly, shouting out the window "I have a gun" can ruin your whole day. A good video to watch on how to do this can be seen here.

http://link.brightcove.com/services/link/bcpid1329233575/bclid1347878402/bctid1394648212

"It's just skydiving..additional drama is not required"
Some people dream about flying, I live my dream
SKYMONKEY PUBLISHING

[joedirt 0]

Oh yeah... the "free" state of Maryland.

[Zee 0]

Quote

Quote

They always appreciate the fact that you warn them ahead of time that you have a gun in the car

There is a right way and a wrong way to warn an officer that you have a weapon in the car. Done incorrectly, shouting out the window "I have a gun" can ruin your whole day. A good video to watch on how to do this can be seen here.

http://link.brightcove.com/services/link/bcpid1329233575/bclid1347878402/bctid1394648212

Sorry, I forgot that there is no such thing as common sense in this country any more. I just hand the officer my CHL along with my DL and take it from there. They should cover that with you when you take your CHL class.

Good video in any case.

Action©Sports

[Nightingale 0]

Isn't Florida a "shall issue" state? Why doesn't your co-worker just get his concealed carry permit and end the debate right there?

With regards to your specific question, he'd need to contact a firearms attorney licensed to practice in Florida. Laws vary extensively by state and they can get complicated.

[normiss 622]

Thanks for being the only one to actually understand and answer the question.

[warpedskydiver 0]

Quote

So a coworker who does NOT possess a concealed weapon permit asked me a good one today.

IF I'm carrying in my car, legally of course - it's loaded and in the holster with a snap closure -
I get pulled over - am I required to declare the weapon to the police officer???

I think it's a good idea, but not sure if it's required. Unless they have probable cause and are about to - then by all means declard be search begins!
I always declare when stopped if I'm packing - as a CWP holder I believe it's required...and at the very least a good idea. Not that I get stopped very often though...only ever had to declare once.

BTW - Florida specifically.

No need to offer that information, the officer would already know from the information given on his TADS display.

If you are asked to get out of the car, I would then offer the information, and always carry your CHL copy with you.

If you are asked if you have a weapon in the car you must say so. I think that is one of the provisions of the CHL.

I would have to re read the FL statutes in order to correctly state what is required.

I have in the past, traveled armed for work, but most officers seemed very supportive at the time.

In fact they really liked the carry piece.

Not often they got to see a P226, complete with surefire, and threaded muzzle.(back in those days)early/mid 90s

The 20 round mags were a big hit with them as well.

[normiss 622]

TADS display has radar to see a weapon in the car???

[warpedskydiver 0]

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TADS display has radar to see a weapon in the car???

Maybe I recalled the wrong acronym, I was referring to the computer display, they already know if you have a CHL when they run your plates

[SuperKat 0]

I totally agree with this video. This is probably the best example on how to notify a LEO that you are carrying a weapon on your person during a car stop.

What's the most you ever lost in a coin toss, Friendo?

[normiss 622]

the original question refers to a person carrying in their car who does not possess a conceal permit.

[nerdgirl 0]

Quote

There is a right way and a wrong way to warn an officer that you have a weapon in the car. Done incorrectly, shouting out the window "I have a gun" can ruin your whole day. A good video to watch on how to do this can be seen here.

http://link.brightcove.com/services/link/bcpid1329233575/bclid1347878402/bctid1394648212

That's a very good video. The general message is applicable to more than CHL holders during traffic stops, imo.

VR/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

[warpedskydiver 0]

I agree, great video.

[normiss 622]

except for the hair piece....yes.