Is a Firearm in a Zippered Crossbody Bag "Securely Encased" or "Concealed on the Person" in Florida?

During a traffic stop, officers found a pistol inside a zippered crossbody bag sitting on the driver's seat. The bag had been in the driver's lap or next to him, but when he exited it remained on the seat. The State charged unlawful possession of a concealed firearm. The legal question: was this firearm securely encased in a private conveyance or concealed on (or about) the person?

Florida's Three "Carry Lanes" at a Glance

• Licensed Concealed Carry (§790.06) — traditional CWL path.
• Permitless Carry (§790.01(3)) — you must be eligible as if licensed and present valid ID on demand.
• Lawful-Use Exceptions (§790.25(3)) — fishing, hunting, camping, target practice, and direct travel to/from those activities.

Officers must rapidly evaluate which lane applies at roadside. Your best defense is having a clear SOP—know your lane and how you'll explain it if asked.

"Securely Encased" in a Vehicle vs. "On the Person"

Florida's private-conveyance rule allows a firearm in a vehicle without a license if it's securely encased or not readily accessible. The statute expressly includes zippered cases in the definition of "securely encased." But that protection does not transform on-body concealed carry into vehicle storage. If the gun is in a bag being worn on your body, the private-conveyance safe harbor generally does not apply.

Why Timeline Matters: A Recent Appellate Contrast

In a recent appellate decision, the court drew a bright line: the private-conveyance exception doesn't cover a gun that's on the person, even inside a zipped crossbody bag as the driver steps out. Our body-cam differs because the bag is on the seat when opened. That factual nuance is often the whole ballgame.

SOPs for Stops (Modeled After Our "16-Speeding" Data Style)

We approach firearm stops like we approach speeding enforcement data—facts first, story second. Here are practical scripts that keep things calm when an officer asks:

• Licensed: "Yes, officer. I'm carrying under my license. The firearm is [location]. I have my ID. My hands will stay here—how would you like me to proceed?"
• Permitless (eligible + ID): "Yes, officer. I'm carrying concealed. I'm eligible under Florida law and I have valid ID. The firearm is [location]. My hands will stay here—how would you like me to proceed?"
• Lawful-use: "I'm returning from [activity] under Florida's lawful-use exception. The firearm is securely encased in a zippered bag on the seat. I have my ID. How would you like me to proceed?"

Common Technical Traps (Our Courtroom Short List)

These aren't "gotchas"—they're the points that regularly turn good facts bad. If you liked how we deconstructed patterns and timelines in 16-Speeding, the same mindset applies here: define the moment that matters, then apply the statute precisely.

Statutes & Resources

• §790.01 — Carrying concealed weapons or concealed firearms
• §790.053 — Open carrying of weapons
• §790.25 — Lawful ownership, possession, and use; private conveyance & "securely encased"
• §790.06 — License to carry concealed weapon or firearm (CWL)
• §790.115 — Possessing or discharging weapons or firearms at a school-sponsored event or on school property
• §790.174 — Safe storage of firearms
• §790.07(2) — Felony while armed; concealed stacker

Need Help After a Stop or Arrest?

If you were stopped or arrested with a firearm in the car, talk to counsel who's worked both sides of the badge. We use data, video timelines, and statute-driven arguments to protect clients in Orange County and across Central Florida.

• Call/Text: 407-500-7000 • Español: 407-536-7508
• Address: 200 E. Robinson Street, Suite 1140, Orlando, FL 32801