Search found 2 matches

by MasterOfNone
Thu Jan 31, 2013 12:00 am
Forum: Never Again!!
Topic: Fla: Conceal Carry Holder Arrested for Incidental Exposure
Replies: 56
Views: 11732

Re: Fla: Conceal Carry Holder Arrested for Incidental Exposu

TxLobo wrote:Don't know if the court docket posted is the same case or not..

This was posted yesterday.

This link: http://www.wctv.tv/home/headlines/Conce ... B.facebook" onclick="window.open(this.href);return false;

indicates that when the case got to the courthouse: "When the case got to the courthouse, the state attorney declined to prosecute saying there was little chance a jury would convict."

and the officer.. "Deputy Alan Cox has now been put on administrative leave pending an internal investigation."
There was little chance a jury would convict because of:
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
This is a piece I have been hoping to see in TX, which appears to very similar to the accidental display bill.
by MasterOfNone
Wed Jan 30, 2013 11:57 pm
Forum: Never Again!!
Topic: Fla: Conceal Carry Holder Arrested for Incidental Exposure
Replies: 56
Views: 11732

Re: Conceal Carry Holder Arrested for Incidental Expsure

Keith B wrote:
RottenApple wrote:
Gameover wrote:Watched this the other day. I think if he would of just said he had a gun on him and had a permit to carry the stop would have went differently. I understand that he is not required to tell him anything but I think its better he finds out from you rather then spotting it himself. Just my .02
I disagree. Under FL law he is not required to notify unless asked and, judging by this cops completely unprofessional attitude and behavior, it most likely would have gone even worse. Officers like this give the rest a bad name.
Wrong, under FL law you DO have to display your license when asked for ID. He did not do this.
790.06 …. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
I know I'm a little late responding to this, but I just saw it. I think you're thinking in the context of Texas law which states that you must display the CHL when an LE "demands that the license holder display identification." But the FL statute cited above does not refer to being asked for ID. The sentence is about carrying the license and says you must display it along with id upon demand. Because the sentence is about the license, it is a reasonable interpretation that it means "upon demand for the license."

Return to “Fla: Conceal Carry Holder Arrested for Incidental Exposure”