Does Florida Statute 790.25(5) require all "securely encased" firearms be "concealed"?

Does F.S. 790.25(5), require that all securely encased firearms and weapons be concealed?
copyright 2015 by jon gutmacher

I had an interesting question from a reader that at first blush,  would appear to require all securely encased firearms and weapons also be kept concealed.  Here's the actual question:

"Jon, I am curious how you arrive at the conclusion "while it is considered lawful for a properly holstered firearm or other weapon to be kept in the open within a private conveyance..." when statute 790.25(5) explicitly states that it must be concealed, "...for a person 18 years of age or older to possess a CONCEALED firearm or other weapon....".?

Now -- 790.25(5) does state . . . "it is not a violation of s. 790.01 for a person . . . to possess a concealed firearm or other weapon . . . within the interior of a private conveyance . . . if the firearm or other weapon is securely encased . . . ."

So -- sounds like this reader got it right, doesn't it?

Well . . .  the answer is "no" -- and that's not because he wasn't sharp.  In fact, he was really sharp to have concluded that.  But, he was still wrong.   Why?

Well,  That portion of 790.25(5) specifically refers to F.S.790.01, and F.S. 790.01 is a statute that ONLY deals with "concealed" firearms and weapons.  It does not deal with "open carry" -- which is covered in F.S. 790.053, and would be controlled by F.S. 790.25(l), as long as the firearm or weapon were still "securely encased".  (the typical example -- a strapped handgun on the seat)(which -- by the way -- I do not suggest you do, legal or not).

Pretty tricky, huh?   I'll bet that even 90% of all lawyers and judges would get that one wrong, as well, unless they had someone who understood this stuff  pointing out the correct reasoning behind it.
Very easy to miss.

So, hope that clears it up.  Have a great day!