Originally Posted by capngeo
FALSE: There is no “Three Step Rule” in Florida
Statute… never was either
I'm sorry to have frustrated you with that statement.
I was speaking loosely about the general state of gun laws in Florida
when I made the statement about the 3-step rule
. I didn't give details. I also didn't give details about the fishing
exception that I mentioned in passing. I'll try to improve upon that here.
There is a 3-step rule
of thumb that is often used in conjunction with the law about transportation in a conveyance if the status of the firearm does not fit into one of the specifically enumerated acceptable states of packaging, specifically defined as "securely encased". If you fit one of the specifically sited conditions, you are on the legal high ground. If you are outside that, but it still takes 3 steps for you to get to the gun, most judges will still consider it to be securely encased. Snippets from the actual laws I was speaking about are listed below. This applies to Florida only.
You can look up more details here:
Statutes & Constitution :View Statutes : Online Sunshine
, possession, and use of firearms and other weapons.—
(1) DECLARATION OF POLICY.—The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety
and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.
(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:
(h)A person engaged in fishing
, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(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.
(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.
Sorry for the confusion,