not readily accessible for immediate use
That is the part most of you are missing ........
not readily accessible for immediate use
That is the part most of you are missing ........
I would say "immediate use" is defined as "pick up and fire". Having to take the weapon out of a holster which is secured by a strap/thumb break on the holster requires a step which negates "immediate" or just "pick up and fire" in my humble opinion.
Some could argue, "immediate use" could be a firearm in a locked case in the trunk of a car is available for "immediate use" but given the defination of "securely cased" (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 believe that is the intent of "immediate use".
Very good debate on this topic.
The phrase “readily accessible for immediate use” is defined in section 790.001(16), which states that the phrase “means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.”
My turn.......
If you have a gun in the center console of your car, is it securely encased and not readily accessible for immediate use?
I believe the console is as securely encased as a glove box. the console has a lid.
My turn.......
If you have a gun in the center console of your car, is it securely encased and not readily accessible for immediate use?
(16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
(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.
So what you are saying is that the state purposefully defined “Readily accessible for immediate use” and “Securely encased” to contradict each other? It would not surprise me!
I would say carrying on ones person is different than in a snapped holster laying in the center console, glove box or in a snapped holster on the passenger’s seat since the weapon most likely can't be retrieved or used as quickly as if it were carried on ones person or in “closer” proximity. I would say if you had the weapon tucked underneath your thigh while you were driving, it is "readily assessable" just like in a carry posture and not in accordance with the law. This appears to be a catch 22 for the lawyers and about $5-10K of your money to be used, abused and wasted on in a trial.
