[m100_explorer]

Okay was at lunch today with a customer here in FL and we were discussing guns etc. Here in FL they have a 3 step rule for a gun in the car. Basically it has to take 3 steps to get to your gun to defend so something like this

1. Open glovebox
2. Grab gun
3. Load mag into gun

so one of the individuals said they were going through GA and were pulled over and were told by a sheriff that GA has the same rules for a gun in the car.

Is this true? If so I have been under some wrong assumptions as I had heard due to our open carry rules the gun could be on the passenger seat ready to come to my aid should the need arise.

Thanks for any corrections to my way of thought is appreciated

 

[dcannon1]

opcorn:

 

[CountryGun]

Unless prohibited from owning a firearm, anyone over 21 (18 if vehicle is registered in his/her name) may keep a loaded firearm anywhere they want in a car. There is also no duty to inform LEOs in Georgia. The firearm may be in a compartment, or open to view, under the seat, or wherever you want to keep it.

 

[m100_explorer]

Unless prohibited from owning a firearm, anyone over 21 (18 if vehicle is registered in his/her name) may keep a loaded firearm anywhere they want in a car. There is also no duty to inform LEOs in Georgia. The firearm may be in a compartment, or open to view, under the seat, or wherever you want to keep it.

Thanks Country that's what I thought but was thrown for a loop when they said the sheriff told them otherwise.....

 

[dcannon1]

Does anyone know if that fla law is accurate? I'm on my phone right now so i can't really look it up, but I've never heard of it before

 

[Match10]

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.

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

I don't think the Sheriff in Florida knows squat about Georgia Law. I have heard the three steps "rule" from friends in Florida who are under that impression. I do not read the law that way. However, three steps is a judgement of being "securely cased" if it needs to apply. Snapped into a holster will apply, and there is no prohibition of being loaded while encased that I see.

 

[CountryGun]

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.

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

I don't think the Sheriff in Florida knows squat about Georgia Law. I have heard the three steps "rule" from friends in Florida who are under that impression. I do not read the law that way. However, three steps is a judgement of being "securely cased" if it needs to apply.

This! To be clear, that is the Florida statute that Match posted.

 

[cpelliott]

The 3 steps test might be a reasonable interpretation of Florida law:

securely encased or is otherwise not readily accessible for immediate use

It would seem to be appropriate for "not readily accessible for immediate use." However there is an "or" in the law and if the weapon is "securely encased", it does not have to be "not readily accessible for immediate use."

 

[CountryGun]

I don't see anything in the Florida statute that reads the firearm must be unloaded, as in requiring the third step of loading a magazine. Am I missing something?

 

[Rugerer]

they were going through GA and were pulled over and were told by a sheriff that GA has the same rules for a gun in the car.

Is this true?

I'm reading his question as referring to the rules in GA, not FL.

My understanding is that provided you are eligible for a GWL, you can have a pistol with you in your own car without storage restrictions. There used to be rules about in plain view and having a GWL, but those have been removed with changes in recent sessions.

 

[dcannon1]

they were going through GA and were pulled over and were told by a sheriff that GA has the same rules for a gun in the car.

Is this true?

I'm reading his question as referring to the rules in GA, not FL.

My understanding is that provided you are eligible for a GWL, you can have a pistol with you in your own car without storage restrictions. There used to be rules about in plain view and having a GWL, but those have been removed with changes in recent sessions.

Yeah we kind of changed topics. He was asking about the GA law and someone answered, but then I was curious about the accuracy of the FL law.

 

[budder]

I don't see anything in the Florida statute that reads the firearm must be unloaded, as in requiring the third step of loading a magazine. Am I missing something?

Case law, perhaps.

 

[Kingfish]

I have heard these "3 steps" rules rumors in every state I have lived in. They are usually spread by people that don't know the laws.

 

[jlcnuke]

Some states do have a specific 3 step rule. Georgia does not. Florida is actually kind of a three step rule because regardless of the "or" statement mentioned earlier there are three steps to use the firearm.
1. Access - either remove by opening glovebox or unsnapping holster etc.
2. Equip - physically take control of the firearm.
3. Use - pull the trigger.

Three distinct steps needed in order to place a round on target. More stringent states (such as California) have laws that add a "Load" step into the equation.

 

[Fallschirmjäger]

I have heard these "3 steps" rules rumors in every state I have lived in. They are usually spread by people that don't know the laws.

Ah, you mean like the police, don'cha? :lol:

 

[Kingfish]

I have heard these "3 steps" rules rumors in every state I have lived in. They are usually spread by people that don't know the laws.

Ah, you mean like the police, don'cha? :lol:

:righton:

 

[SFNative]

m100_explorer
Florida does not have a 3 step rule. In Florida you can carry a handgun in a vehicle with or without a permit as long as it is "securely encased". In all examples it my be loaded ready to fire. Examples are; in a snapped holster, in a closed console, in a closed glove box, in a zippered case.

The basic rule is that it must be a closed container which the gun cannot be fired from until withdrawn.

The above is from the book "Florida Firearms law, use and ownership" by Jon H. Gutmacher, Esq. Many consider this the "firearms bible" for anyone that wants to own and use firearms in Florida.

 

[m100_explorer]

All thanks for the replies

But just to clarify a couple of things I was using the loading in my OP as an example of a step. This was a FL person stopped by a GA county sheriff in GA. The sheriff stated we in GEORGIA have the 3 step rule.

So I am wondering if it was just said sheriff giving some out of state folks some doo doo

 

[dcannon1]

All thanks for the replies

But just to clarify a couple of things I was using the loading in my OP as an example of a step. This was a FL person stopped by a GA county sheriff in GA. The sheriff stated we in GEORGIA have the 3 step rule.

So I am wondering if it was just said sheriff giving some out of state folks some doo doo

We definitely do not have any sort of law like that in GA.

 

[jlcnuke]

All thanks for the replies

But just to clarify a couple of things I was using the loading in my OP as an example of a step. This was a FL person stopped by a GA county sheriff in GA. The sheriff stated we in GEORGIA have the 3 step rule.

So I am wondering if it was just said sheriff giving some out of state folks some doo doo

We definitely do not have any sort of law like that in GA.

No such law in Georgia as was stated.