florida law


marijke81

New member
I'm new to this and haven't gotten my permit yet but I've seen these cases called "phone cases" that hold a little 380. Are these legal? It would seem they could argue that it's a holster on your belt and considered open carry.
 

I'm new to this and haven't gotten my permit yet but I've seen these cases called "phone cases" that hold a little 380. Are these legal? It would seem they could argue that it's a holster on your belt and considered open carry.

Yes, the "cell phone" case type holster is perfectly legal. Taurus even includes one with the gun when you buy a TCP. What is illegal (without a $200 tax stamp as an AOW) is a holster that completely disguises the gun, from which the gun can be fired without removing from the holster.

This is an AOW because it completely disguises the gun AND the gun can be fired without removing from the holster (although you would only get one shot because the slide would not cycle):
WALLET_HOLSTER_35.JPG
 
This is sold with the TCP and is perfectly legal, with no hoops to jump through, because the gun cannot be fired without removing it from the case:
P10003721.jpg
 
This is also perfectly legal, with no hoops to jump through, because it does not disguise the gun:
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Thanks thats very helpful

Ah... but I see now what you were asking in regards to Florida law. The gun would be concealed in the case such as comes with the Taurus TCP. The average person would not be able to discern that you were carrying a gun. So, I would say, in Florida, it would be perfectly legal to carry the TCP in the case provided on your belt, with the case completely visible. Open carry is generally defined as a reasonalbe person being able to readily distinguish the object you are carrying is a gun. In the case of the TCP in it's provided case, a person would have to open the case and look inside to determine if a gun was there. Just like if you were carrying the gun in a purse or fanny pack.
 
This is also perfectly legal, with no hoops to jump through, because it does not disguise the gun:
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I see you got your Oakleaf. Congrads!

I believe you are wrong on this holster as it conceals the grip. I saw it somewhere online that the grip has to be disernable. ATF may have a problem with that.

Wallet Holster
 
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I'm new to this and haven't gotten my permit yet but I've seen these cases called "phone cases" that hold a little 380. Are these legal? It would seem they could argue that it's a holster on your belt and considered open carry.

This book will help:

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Since open carry is NOT allowed in Florida and you do not yet have a permit (required in Fla for concealed carry), you will be breaking the law by carrying in public regardless of what kind of holster your pistol is in. The only exceptions would be some narrow loopholes that allow non-permit holding gun owners to carry unloaded weapons to and from gun ranges, competitions, etc.
 
I maintain a second home in Orange Park, Florida and have had a permit there for too many years to count. As stated in a post above, OC is not legal in Florida. However, a CCW permit is easy to obtain...assuming a good background check.

IMHO, trying to be "tricky" with holsters to get around the no-OC situation is akin to looking for trouble. There are many nice CC holsters available for the small .380's (Keltec, LCP, etc).
 
As I stated I don't have my permit yet. I know that I have to get it and am just have to send my packet in. I just was doing some shopping trying to figure out the best way to carry. I'll be carrying a s&w bodyguard 380. I have a pocket holster for it and that's probably what I'll use.
 
As I stated I don't have my permit yet. I know that I have to get it and am just have to send my packet in. I just was doing some shopping trying to figure out the best way to carry. I'll be carrying a s&w bodyguard 380. I have a pocket holster for it and that's probably what I'll use.

Yikes! "sending the packet in" is a recipe for disaster when trying to obtain a Florida CCW. If at all possible you should make an appointment at one of the state licensing offices and have them do everything electronically. The typical turnaround time when you mail your info to Tallahassee is around 3 months, and that's if nothing is wrong (a big "if" indeed. If they're not happy with the fingerprint copies, something wrong with the questionnaire, etc., you have to go back to square one.). If you take care of everything at one of the offices then you'll have your permit in 10-14 days.
 
Thanks B2Tall, Good to know because I had my packet filled out but since I am moving soon that 3 month wait doesn't sound too good so I think I'll just make the hour drive if I can get my permit in 10-14 days.
 
Florida law makes no distinction about holsters. Under Florida statues, a "concealed weapon" is one that is "concealed from ordinary view", so if a casual observer doesn't actually see the gun, it's a legal way for a CCW permit holder to carry it. If you were carrying a pistol in an open-topped holster on your belt, without a covering garment, an observer could see the gun, and it would then be "open carry" and get you arrested. But the fully enclosed "cell phone" pockets cover ALL of the gun, just like a fanny pack, and are completely legal in Florida for CCW carry.
 
You like that caliber? your choice- but its all about stopping power and it aint in a 380 or 9mm short. I live in Duvall cty- LEO is not your friend and when they see that type of carry ( they dont care what the stats say)to the stockade for you. Dont **** around or you lose and your lack of foresight makes it tough on the rest of us


Last thing- 1911 series, stock weighs in at 40oz and 8.5 inches- Glock M36 weighs 20oz at 6.5 inches. Carry your doorstop in this heat for awhile and tell me how great it is, Only the dangerously uninformend speak ' plastic' and composite' in the same breath, its the load not the weapon 230 gr SJHP in 45acp
 

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