Can You Legally Keep an Unsecured Firearm in Your Car?

Some people assume that just because Florida law allows most individuals to own and carry a handgun without a permit, there are no restrictions on how you can transport such weapons. In fact, there are a number of regulations and restrictions that lawful gun owners must still follow. For example, if you transport your firearm in your car or other vehicle, it must be “securely encased or otherwise not readily accessible for immediate use.” In other words, you cannot simply keep an unlocked handgun on the seat next to you while driving.

Tampa Man Faces Federal Drug Trafficking Charges After Officer Sees Gun “In Plain View” During Stop

If you happen to be pulled over by police for a traffic stop, an unsecured weapon in your vehicle can land you in far more serious legal jeopardy than a speeding ticket. A recent decision from a federal judge in Tampa, United States v. Player, offers a good example. In this case, federal prosecutors charged a Florida defendant with numerous drug trafficking and firearms crimes following what started out as a routine traffic stop by the Tampa Police Department.

According to court documents, the defendant left a convenience store around 11:30 p.m. Two officers in an unmarked vehicle followed. When the officers observed an apparent traffic violation–they claimed the defendant ran a stop sign without stopping–they initiated the traffic stop.

While asking the defendant for his license and registration, one of the officers “looked down at the door and observed a firearm protruding from the map pocket of the driver’s side door in plain view.” At that point, the officers directed the defendant to exit the vehicle. The officers then took possession of the firearm, which was a loaded 9mm pistol.

After conducting a background check, the officers learned the defendant had a prior felony conviction. They placed him under arrest for possession of a firearm by a convicted felon. The defendant admitted the weapon was his and that he purchased it illegally the day before. A post-arrest search of the defendant’s vehicle uncovered cocaine, fentanyl, and drug paraphernalia.

Before a federal judge, the defendant filed a motion to suppress the evidence seized from his car, including the gun. The judge denied the motion. There were several reasons. First, the underlying traffic stop was legal based on the officer’s observation of an apparent traffic violation. Second, during the traffic stop the officers saw the defendant’s gun “in plain view.” Third, even if the officers did not know the defendant was a convicted felon when they seized the gun, they would have inevitably discovered that fact after running their background check. As such, the officers did not need a warrant to seize the gun or place the defendant under arrest.

Contact AsiliA Law Firm Today

Even if you think the police have caught you “red handed,” you should still never admit to breaking the law in their presence. Instead, you should contact a qualified Miami firearm charges lawyer who can advise you of your rights. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

scholar.google.com/scholar_case?case=9719414383096086436