Vehicle Carry

[walther380]

Is it legal to mount a holster in my truck under the dash where I could access it quickly? I've had a situation where a guy tried to open my door and then the "what ifs" started. I was able to drive off running the red light safely as there wasn't any traffic in the late night hours. But what if I was in traffic and I couldn't get away and I couldn't unholster fast enough and this guy got to me?

 

[NavyLCDR]

In Florida, yes. In some other states...not so much.

 

[nymoose]

Don't quote me, but I believe (like most gun laws) that this permission varies by state, county, city, etc. I'd check with a LEO friend on the rules where you live.

 

[Treo]

I'd check with a LEO friend on the rules where you live.

Never ask a cop about the law you look up the statute for your self and make sure you can quote it verbatium. So when the cop says 'Yada Yada yada" you can say " Really officer ? Because CRS 18-12-204 paragraph 3 says...." "Am I free to go?"

 

[NavyLCDR]

Don't quote me, but I believe (like most gun laws) that this permission varies by state, county, city, etc. I'd check with a LEO friend on the rules where you live.

LEO's are just about the worst people to ask for legal advice. Also, Florida has complete state preemption of firearms laws.

Here's the relevant statutes:
Statutes & Constitution :View Statutes : Online Sunshine

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(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.

Statutes & Constitution :View Statutes : Online Sunshine

790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;


Statutes & Constitution :View Statutes : Online Sunshine
790.33 Field of regulation of firearms and ammunition preempted.—
(1) PREEMPTION.—Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void.

 

[Chiefmeister]

In AL, yes

 

[NavyLCDR]

In AL, yes

Not without a valid license. Our OP never mentioned if he had a permit/license or not.

 

[SGTSKI]

You could meet the "snapped in a holster" requirement with a seat strap type holster. I dont know if that would fit your needs, but it basically straps to your seat cushion and you could put any holster you like on it. It positions the firearm between your knees on the front of your seat. I have never used one so if anyone has any info feel free to add it.

Welcome to DeSantis Gunhide®. "We didn't invent concealment, we just perfected it." — DeSantis Holster Search: ingston car seat holster

 

[walther380]

Not without a valid license. Our OP never mentioned if he had a permit/license or not.

I have a license. I did say what if I couldn't unholster fast enough.

So if I have a snap holster riveted to the underside of my dash I could do so legally? I also think it would be more comfortable keeping it there instead of in a IWB holster while driving.

 

[tattedupboy]

Do you have a permit? Because there is probably some ambiguity with regard to that if you don't, but if you do have one, there should be no problem.

 

[NavyLCDR]

Do you have a permit? Because there is probably some ambiguity with regard to that if you don't, but if you do have one, there should be no problem.

There is no ambiguity in Florida, even if he doesn't have a permit. Please read the statutes quoted in post #5. Florida statute 790.25 specifically allows anyone legal to possess a firearm to transport that firearm in a vehicle if it is "securely encased". There is no requirement in the law to have the gun unloaded. Florida statute 790.001 specifies that a firearm snapped in a holster is securely encased. Florida statute 790.33 makes it illegal for any lower government (county, city or local) from enacting any other prohibitions.

Now, once the OP leaves Florida, his transportation of firearms will have to meet the requirements of the state he is in and his setup may no longer be legal. In Texas, for example, the firearm must be concealed, so his setup may not be legal in Texas, even with a recognized permit, if the firearm is visible.

I have a license. (1) I did say what if I couldn't unholster fast enough.

(2) So if I have a snap holster riveted to the underside of my dash I could do so legally? (3) I also think it would be more comfortable keeping it there instead of in a IWB holster while driving.

(1) Then you will likely get injured or robbed.
(2) In Florida, yes. In other states, that would depend on their state law.
(3) Probably definitely so! Also, one of the holster companies makes a holster with a strap that fastens around the seat and keeps the holster against the front of the seat, between and below the occupants legs. Then you wouldn't be putting holes in the interior of your car.

Kingston Car Seat Holster — DeSantis Holster

Note: The holster in the photo above would have to have a retention strap to be legal for a person without a permit in Florida. I would think as your holster approches the horizontal position under the dash, a retention strap would be desired anyway to keep the gun from falling out. Also, I think the strap rotates so the buckle can be behind or under the seat so the driver isn't sitting on it.

 

[gunnerbob]

^^^I've never seen one of those. Huh, that's pretty cool!

 

[SFC]

Not only the state regulates how to carry in a vehicle, but in some states (kalifornia) the counties have there own rules, regulations and laws.

Not really worried here in Arizona

 

[SFC]

I would agree, first never, never ask an LEO, Second read your state's gun laws on how to carry in your vehicle.