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Florida AG Says Carrying a Gun is Always Presumably a Crime

Discussion in 'Carry Issues' started by cajun_chooter, Oct 7, 2012.

  1. ever since the Martin shooting in Florida... cops will be trying to deter anyone from carrying.. nuf said

    Moderator Note: I moved this discussion to its own thread so as not to derail Arrested, prosecuted for incidental exposure.

    Lets center it around the FL AG's opinion. Link to commentary on that is in Posts #5 and #8.
    Last edited by a moderator: Oct 8, 2012
  2. LApm9

    LApm9 Silver Member

    Apr 3, 2006
    South Louisiana
    Louisiana law keys on carrying "in a manner to alarm the public".

    Even if one thinks this is a poor legal description, it is a good guide line to use when selecting one's own mode of carry.

    This definition would protect (though not perfectly) me from being picked up due to a printing noticeable only by a trained eye. It would also give some protection to Safepacker and fanny pack rigs.

  3. rvrctyrngr

    rvrctyrngr Senior Moment

    Sep 15, 2004
    Gator Nation
    Funny thing is...up to this point, the police are the only ones who got that one right.
  4. MAC702

    MAC702 Senior Member

    Jan 12, 2006
    Clark County, NV
    How much you wanna bet TM would be alive today if Z had been openly carrying?
  5. StogieC


    Dec 6, 2005
    Port Orange, FL
    Interesting that you live in Clark County NV. and say this. TM might be alive but Z may have been shot like Erik Scott was in Clark County if our Attorney General's Office wins another important case that is now before the FL Supreme Court.

    Mackey v. State

    Jeff Knox lays is out at:
  6. MAC702

    MAC702 Senior Member

    Jan 12, 2006
    Clark County, NV
    Erik Scott was carrying concealed and got made. This is extremely different than openly carrying.

    I am by no means excusing his murder caused by Costco management and the police.
  7. Bruce M

    Bruce M

    Jan 3, 2010
    S FL
    Really? Where have officers gone on record saying no one should carry? I keep reading things like this on the internet and yet, oddly, I never seem to hear anything like it in real life.
  8. Bruce M

    Bruce M

    Jan 3, 2010
    S FL
    The arrest in question involved a guy with previous arrests (convicted felon) leaning on a fence with grip of the gun sticking out of his pocket (pocket carry - another thread) in a drug hole. I am uncertain what the AG's position is, although admittedly it seems messed up based on the title. But the incident in question sounds like solid Constitutional police work to me.
    Last edited: Oct 8, 2012
  9. Bruce M

    Bruce M

    Jan 3, 2010
    S FL

    If we are going to assign blame as to his death, let's not forget that Mr. Scott had a high level of morphine in his system and reached for his gun when he was stopped by the police. I wonder how many other people LVMPD contacted that day and other days that do not reach for guns while they are high on morphine do not get shot.
  10. John Rambo

    John Rambo Raven

    Feb 15, 2010
    Tampa, Fl.
    Strange, any time I've told a cop I was carrying when it came up in conversation they didn't even bat an eye.

    Whats that phrase again...tot...totall....totally...circumstances? Pam Bondi is an idiot. Pam Bondi is also not a police officer and our police officers (as long as you stay away from the Southeastern seaboard and out of St Petersburg/Clearwater) are not generally idiots.
    Last edited: Oct 8, 2012
  11. fuzzy03cls


    Jan 28, 2010
    Depends heavily on your location within Florida. I've had traffic stops where the officer didn't even ask me if I had a weapon. And then I know people that have been dragged out of the car & cuffed for LEGALLY carrying concealed while they were in a bad area or late at night.
    No duty to inform in FL so I shut my mouth.
    Last edited: Oct 8, 2012
  12. redbaron007

    redbaron007 Some Dude Lifetime Member

    Jan 26, 2009
    Maybe we should assume 95% politicians are cheats and they should be arrested/investigated to prove they are not. :faint:

    The AG is stretching and reaching for anything to develop reasonable suspicion. :steamed:

    Sounds like a bureaucratic government leach....trying to get more power for the gubbermit!


  13. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

    Apr 30, 2005
    One thing to bear in mind about whatever the Florida AG has to say.

    The FLorida AG has opinions and that is all. unlike many other states the Fl AG has no authority whatsoever over Fl LE agencies and cannot dictate policies for LE.

    The Ag's role in Fl is strictly advisory with no legal weight behind the advisory.
  14. cowboy1964


    Sep 4, 2009
    The guy is an idiot. He can say the world is flat too. Doesn't change reality.
  15. Chris Chris

    Chris Chris

    Jul 2, 2010
    The FL CCW permit is legal authorization granted to the permit holder by the State of Florida to carry a concealed weapon in the manner proscribed by FL law.

    If the CCW holder is doing that in accordance with the law, then politely answering an officer's questions and producing the permit should end the matter. It's up to the permit holder to obey the laws under which the permit was issued, and not be a complete flaming jerk should an officer see what they view as a suspicious bulge under the permit holder's clothing and decide to investigate.

    An officer who does choose to investigate a 'suspicious bulge' is understandably concerned about a possible crime, and about their personal safety. A little common sense and common courtesy on the CCW's part can defuse just about any such situation.

    Becoming antagonistic and loudly arguing your 2nd Ammendment rights while an officer is trying to decide if he is dealing with an armed felon is rather stupid.

    The Bondi opinion may presume a felony, but my CCW permit clearly states otherwise to any officer I am contacted by, once I politely show him my permit. That is the point you want to get to quickly, and without drama, in any officer initiated contact.
  16. JW1178


    Jul 17, 2009
    When anyone in the justice system who gets the "everyone is a criminal" mentality; they have either been on the job too long or are mentally defective and need to be let go.
  17. MAC702

    MAC702 Senior Member

    Jan 12, 2006
    Clark County, NV
    It is not my intention to hijack this thread, but if you are going to bring this up, then clarification is in order.

    Mr Scott did not have a gun in his hand. One of the police officers yelled at him to drop his gun. It's awfully hard to drop it until you reach for it.

    Mistakes were made on all sides. The shoot was a bad one.
    Last edited: Oct 8, 2012
  18. janice6

    janice6 Silver Member

    Apr 4, 2006
  19. Bruce M

    Bruce M

    Jan 3, 2010
    S FL

    Out of curiosity was there an investigation? An inquest?