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Originally Posted by outlaw;11***05
I thought Florida considered your automobile as your "castle" under the castle doctrine, and therefore, you could have your weapon accessible in your car without a CCL? Also, can you point me to the statute that requires a CCL holder to conceal the weapon on his person when in his auto? thanks.
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Florida Statute 790.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons
(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.
About "Securely Encased"
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.
Now, some of my knowledge in this area is based upon enforcement briefings that I had when an active duty Deputy Sheriff in Tampa; said briefings having been based upon Attorney General decisions. I couldn't tell you how to research the decisions. But if you have a Concealed Weapons License, but are not carrying the weapon concealed on your person, then the weapon is not being carried in compliance with the Concealed Weapons statute and must be carried in compliance with the statute quoted above.
Incidentally, the Castle Doctrine authorizes the use of deadly force, rather than being obligated to retreat, in the case of attack, both in your home and your automobile. But it makes no reference to the deadly force implement, so no mention of firearms. It might more properly called the "No Duty to Retreat" Law.
If I run across more documentation I'll let you know.