Originally Posted by pbiJim
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.
Do you have any case law to support this assertion? Let me save you the trouble. You do not. Because it does not exist. Because the "3-step rule" is nothing more than a myth. There is no "3-step rule
." Never has been.
I'm not surprised that you've heard of it, though. It gets talked about a lot. It's one of those myths that just won't go away. You were probably even told by a supposed "expert" about it. There are even police officers who have heard of it and believe in it. Doesn't matter. It still does not exist.
I would encourage you to do your own research
, though. You've quoted the laws, so you obviously know that there is nothing about it in there. Now check case law and you will find that it doesn't exist there, either. Judges don't get to just make up laws whenever they like. They can interpret things that are vague, but they can't apply a "3-step rule" just because they want to. The legal
definition of "securely encased" is quite clear. If your gun is not stored in a way that meets that definition then it is NOT "securely encased."
I hope you don't feel like I'm attacking you. I am not. There are just WAY too many people in Florida--who should know better--who believe in this non-existent "3-step rule
." I'm hoping that in the future you will be one of those who helps to destroy this insidious myth, rather than spreading it.
And now, please, back to the original topic of this thread. Oh, wait... That was completely and clearly answered back on page one. Never mind.