DRIVING WITH CONCEALED FIREARMS

One of the strangest situations I routinely encounter as a criminal lawyer here in West Palm Beach involves the crime of Carrying a Concealed Firearm. The fact is that few people understand the law and this includes quite a few police.

It is a felony in Florida to carry a firearm which is concealed from the ordinary sight of others unless you hold a valid permit to do so.

What many do not know is that, even without a carry permit, Florida allows the carrying of firearms weapons in a broad range of circumstances.  This is because an exception to the law applies to firearms that are “securely encased” which makes them not “readily accessible”. As to your vehicle, the term “securely encased” has been interpreted by the courts to include firearms which are in the car and in a closed center console or glove compartment; in the trunk; or in a closed case, such as a dedicated gun pouch or even a closed briefcase or pack.

People who are complying with the law who get stopped by police for routine traffic stops often tell the officer they have a gun in the glove compartment or the trunk only to find themselves falsely arrested.

 

 

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