Green Cove Springs, FL asked in Criminal Law for Florida

Q: Regarding the transportation of a firearm, is it legal to have it sitting out on the passenger seat?

I had a question regarding improper display of a weapon. For reference I live in Florida and am licensed for concealed carry. Today I was driving home and I removed my handgun from my holster briefly as it was sticking into my side uncomfortably and placed it in the passenger seat next to me. I was going to return it when this guy rolled up next to me in a truck and looked into my car and saw my gun. I attempted to ignore him but he told me that he recorded me and was going to report me to the police. I drive a sedan, and the only reason he saw my gun was because he was in a large truck and was looking into my car at a red light. I had a feeling someone was looking into my car but I did not want to reach for the gun to return it and possibly startle them so I just waited patiently for the light to turn green but they would not leave me alone. I was not waving the gun around, it was just in the passenger seat.

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Yes, your conduct was legal.

Florida Statute 790.053 provides in pertinent part that

"(1) ... it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense. ..."

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.