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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. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    Again the Fl AG's opinion carries NO legal weight. Every LE agency in Fl is aware of this. The only opinions they MIGHT listen to is those where the Ag has been asked for his legal opinion on some aspect of Fl law. That is not the case in this situation. This is not an opinion issued by the AG it is part of the Ag's argument in the brief filed with the court.

    The case has noting to do with open carry. the individual was not arrested for open carry. the defense is trying to claim that part of the handle of the firearm being visible equals open carry but it does not.

    This mantra of the gun rights folks always amuses me. obviously if the police in their work operate don innocent until proven guilty they would never arrest anyone or charge them with anything.

    "innocent until proven guilty" has it's place, but that place is the courtroom not the street.
     
  2. rvrctyrngr

    rvrctyrngr Senior Moment

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    Florida v. J.L., 2000

    There is currently a split between Florida's DCAs about whether the presence of a firearm, absent RAS of criminal activity (excepting the carrying of a firearm) is grounds for a Terry stop.

    The split is the reason this case is now before the Florida Supreme Court.
     


  3. RenegadeGlocker

    RenegadeGlocker

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    Thanks, but I was asking for the the SCOTUS case:

     
  4. eracer

    eracer Where's my EBT?

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  5. eracer

    eracer Where's my EBT?

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    Which is why we have constitutional protection against unreasonable search and seizure. And why we must protect that right against those who would trash it in name of some manufactured notion of 'Greater Good.'
     
  6. rvrctyrngr

    rvrctyrngr Senior Moment

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    Florida v. J.L. IS the SCOTUS case (529 U.S. 266).
     
    Last edited: Oct 10, 2012
  7. RenegadeGlocker

    RenegadeGlocker

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    Ok thanks.
     
  8. John Rambo

    John Rambo Raven

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    Yeah, if you just let them do whatever they want, your rights be damned, it'll all be over quick, right?!

    :faint:
     
  9. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    No argument there other than with the folks that want to either ignore the "unreasonable" part. Or claim that ANY search without a warrant is unreasonable.
     
  10. fuzzy03cls

    fuzzy03cls

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    Because some Leo's OVERACT. IE FHP. You turn a 10 minute simple traffic stop into a 30 min ordeal, having your gun taking from you, finger F'ed, unloaded, given back to you in pieces, & then lectured on why you shouldn't have a gun.
    Maybe you get a few nice ones, And then maybe not.
     
  11. redbaron007

    redbaron007 Some Dude Lifetime Member

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    ^^
    True, but if the AG has their way, then this norm; 95% of the public is guilty of carrying illegally, so therefore, this is reason enough to stop a person and force them to provide a defense just upon a stat.

    The problem I see with the AGs comments is, they are incorporated in the Appeal, which if the appeal is upheld in their favor; then their 'opinion' can/will be used as settled law.

    I don't like this case, period. The fact the officer saw the gun from a distance, i.e. open carry (prior to the search), however, the guy was charged with illegally carrying a concealed weapon....leaves me with some distress. Why didn't they charge him with illegally open carrying? But I will contend I did not read the initial trial info, just the appellate info.

    But to your point, it is the AGs opinion...in their response to the appeal to the Supreme Court of Florida.

    :wavey:

    red
     
  12. Glock_Convert

    Glock_Convert

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    I sit next to a former LAPD officer and he tells me that he thinks his job would have been a lit easier if all law abiding folks carried.

    Sent from my DROIDX using Tapatalk 2
     
  13. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    I agree, but keeping it in context an AG's opinion stated in a brief does not equal the AG's opinion becomes law even if the State wins. What will become case law is what the Court rules and they virtually always state their reasons for their rulings. THAT is where I would be concerned, not what some imbecile AG says.


    In the view of the State he was NOT open carrying. ANd the case does not hinge on open carry other than it is what the Defense is trying to claim.
     
  14. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    I can think of several occasions when Armed citizens made my job much easier. Usually in cases where we arrived to find the BG shot or DOA.

    One case a drug dealing thug tried breaking in on an old man. The old guy shot him a couple times with a .22 the thug survived. Since the old guys ratty sat. night special .22 was now evidence we took up a collection and got him a .38
     
    Last edited: Oct 10, 2012
  15. RussP

    RussP Moderator

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    :thumbsup:
     
  16. Bruce M

    Bruce M

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    Now that right there is what you call a very heart-warming story. Very generous and charitable of you.
     
  17. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    it wasn't completely altruistic, we were hoping he would trim the thug population a bit more and next time not just wound them.

    :supergrin:
     
  18. Glock_Convert

    Glock_Convert

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    Both good reasons and a very nice gesture :)

    Sent from my DROIDX using Tapatalk 2
     
  19. redbaron007

    redbaron007 Some Dude Lifetime Member

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    Just my thoughts....as disclosed above IANAL....but I have recently stayed in a Holiday Inn Express. :rofl:

    It'll be interesting to see how the Supreme rules on this.

    :wavey:

    red
     
  20. Gunnut 45/454

    Gunnut 45/454

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    rvrctyrngr
    Thanks for posting that case as I couldn't for the life of me remember which one it was!:supergrin:

    Dragoon44
    We may disagree at times but your a standup guy!
     
    Last edited: Oct 10, 2012