Steering Wheel Holsters in Florida

For some reason there seems to be a huge discussion on steering wheel holsters going around on Facebook these days,  and to try and settle that for all the folks too lazy to read my book -- here's a column I did for the Florida Association of State Troopers last year:


The Legal Corner – Steering Wheel Holsters
copyright Jon H.  Gutmacher, Esq. July 2017 --

It seems steering wheel holsters are suddenly becoming very popular, and there are more than several different models out there, with different mounting positions depending on the brand, and model.  Most mount directly under and to the steering column by a clip or hooks, some can mount on the side of the steering column, and I’ve also seen ones attached to the very front of the console just to the right of the driver’s right calf area, as well as to the left or right side of the drivers seat.  Likewise, there are also models that mount the holster directly between the driver’s thigh area on the front portion of the front seat,  held there by straps.  Very few of them have a top strap.  But, the question for law enforcement – besides the safety factor of knowing where these things are – is how legal are they under Florida law?

Two questions immediately occur at that point – does the driver have a valid CWL, or are they just carrying “securely encased” per F.S. 790.25(5)?   If the question is no CWL, and carrying supposedly “securely encased” – what’s the law?

The starting point is F.S. 790.001(17), which defines “securely encased” as including “snapped in a holster”.   Since the courts liberally construe the statute – that means a properly holstered firearm can be kept anywhere in a vehicle legally, even in the open.  However, if the holster is not inside a console, glove compartment, or other closed container – the law then requires that the holster also has a strap, flap, or other mechanism that crosses over the top of the pistol grip that must be undone or opened before the pistol can be withdrawn.  Even a simple velcro strap should be enough.  Not much is required.  But, if it’s not strapped or flapped – it’s not “securely encased”.

So – is a pistol in a steering wheel holster that is not strapped legal?   The answer is “no” if the carry is only per “securely encased”.  However,  if the individual has a CWL – the answer depends on where the holster is placed.  And, that brings up the fact that while a CWL holder may lawfully carry concealed “on or about his person” – he or she may not normally “open carry”.  (although there are certain exceptions for momentary non-threatening open display, lawful self defense,  when you’re on your home or business premises, and those allowed by F.S. 790.25).  F.S. 790.01 & F.S. 790.053.  Open carry of a firearm – is normally a second degree misdemeanor, whether you have a CWL or not.  F.S. 790.053(3).  Concealed carry of a firearm would apply only to a non-CWL, and is a third degree felony.  F.S. 790.10.  Thus, if the gun cannot easily be seen from the outside of the vehicle – it is normally going to be considered “concealed” because it is not open to “ordinary sight”.  If it’s “concealed” – it’s legal for a CWL holder, no matter where it is.  And to be really technical – if all you can see is the holster – and not the firearm or a readily identifiable part of the firearm – the “firearm” is still “concealed”.   Having a holster visible may certainly supply “reasonable suspicion” that a firearm is near – but that’s the most that just seeing a holster will ever amount to.   Of course, if you see a holster – take the precautions you believe are necessary for your safety.  Hope that helps, and stay safe.

However,  to update this article somewhat --  there is a possible interpretation of  Florida Statute 790.25(5) that a handgun must ALWAYS be carried concealed in a vehicle even if securely encased or not readily accessible.   I am currently researching this to see if that is solid law, or not.  By "concealed" -- I would mean within some type of container where the actual handgun could not be seen, although the container could be.