if you weren't breaking a law, then what is their RAS that you did, are, or are about to commit a crime? how do they know you have a gun? if they acted on every single call they got without gathering information for themselves, this would be a very hectic place to live... i can see them watching you, and then waiting until you take your cover garment off, and get on your bike, and THEN they ask you for your CWL. (that is of course, after they draw down on you and stomp on your head for OCing....)
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brief exposure / producing CWL
- Thread starter hammer6
- Start date
if you weren't breaking a law, then what is their RAS that you did, are, or are about to commit a crime? how do they know you have a gun? if they acted on every single call they got without gathering information for themselves, this would be a very hectic place to live... i can see them watching you, and then waiting until you take your cover garment off, and get on your bike, and THEN they ask you for your CWL. (that is of course, after they draw down on you and stomp on your head for OCing....)
I guess we can add reading comprehension issues to the list.
i love how your "reason for edit" was for a typo...especially when you are making fun of me for "reading comprehension"...
but srsly- show me your post where you cite case law. k thx bye.
notalawyer
Regular Member
The typo was a spelling error caused by the inadvertent pressing of an incorrect key on my keyboard.
It's deliciously ironic that your reading comprehension issue has resulted in your failed attempt to equate two phrases.
One of these is not like the other:
typo - a mistake in printed matter resulting from mechanical failures of some kind
Reading comprehension - the level of understanding of a text. This understanding comes from the interaction between the words that are written and how they trigger knowledge outside the text.
In an effort to assist with your reading comprehension issues...
My statement was:
I never stated I posted any.
ADulay
Regular Member
OK, one more time. They were dispatched to a site of a MWAG and have my description as well as that of my bike.
If the dispatcher says to go check out the MWAG call, you better head on over and take a look.
Nope, my interaction with the local LEO's when obviously open carrying have been civil and professional on each occasion.
Do you open carry much in Florida? Have you had a lot of problems like the one you just mentioned?
AD
No, I haven't open carried much in florida. Because its illegal. Ask the guy in ft pierce who tried open carrying...he'll tell you all about those guns pointed at his face while he was on the ground with cops on his back....
And your theory of "you better head out and take a look" has been debunked.. See Warren v. District of Columbia...
But Srsly...how are they going to know you have a gun if you don't tell them? If you were open carrying in Florida "legally", as you say you do regularly, then you are no obligation to answer any questions. Nor can they ask for your cwl, because they have no RAS....
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ixtow
Founder's Club Member
Come on people... Does a guy from another country really have to handle this for you?
790.25 http://www.leg.state.fl.us/statutes...ing=&URL=0700-0799/0790/Sections/0790.25.html
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
790.25 http://www.leg.state.fl.us/statutes...ing=&URL=0700-0799/0790/Sections/0790.25.html
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
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notalawyer
Regular Member
Thanks, but we have it covered. You may return to whence you came.
notalawyer
Regular Member
You really need to go research what RAS is because your posts indicate that you have no understanding of the term.
As I have repeatedly stated, until such time as the Florida Supreme Court rules on the above referenced conflict between DCA's in Florida, we will not know (state-wide) if the mere possession (or suspected possession) of a firearm is considered RAS/PC for a terry stop and/or seizure of the weapon.
And regardless of how that decision comes out it will not impact, in any meaningful way, if a LEO has the authority to request one's CWFL.
It appears to be a waste of electrons for anyone to try to explain things to you as you seem to have your mind made up. So this will be my last post to you on this topic.
randian
Regular Member
If I recall correctly, you can't possess a firearm anywhere, even secured in your trunk in the parking lot, in a prison. What should happen, IMO, is that you can carry up to the point where you sign in to enter. Then you surrender your firearms, which I believe even cops have to do when entering a prison. Obviously you get your gun back when you leave. I also think that licensees should be able to carry in a police station, which is also prohibited now. I'm not sure why cops are afraid of licensees.
What DCA has ruled? Doesn't a supreme court ruling have any power on that subject? What is this conflict you suggest? What have you explained to me? That a cop in Florida can walk up to any human being on the street and say, "let me see your CWL"?
I was told by an LT that I could leave my gun in the car in the jail parking lot...didn't have to check it in with the entrance ociffer either....
randian
Regular Member
Sounds like a facility-specific policy. I know prisons do sweeps of their parking lots, and I'd hate to be the test case for whether a parking lot situated on prison grounds is within the meaning of the term "prison" in FS 790.06. The parking lots of schools have historically been treated as part of the prohibited area, for example, so I'm not sure why a prison would be different.
actually- the parking lots of schools aren't off limits for permit holders here in florida...
randian
Regular Member
Sure, while doing a pickup/dropoff. I'm fairly sure you may not leave a weapon in your vehicle while on school property and going into a school building, nor may you stand in said parking lot while carrying.
77zach
Regular Member
In Fl you may leave a firearm in the vehicle at a school, with or without a permit. You don't have to be dropping anyone off.
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notalawyer
Regular Member
The statute uses the words "on the grounds of..." but there was at least one case I read that addressed the parking lot. The ruling stated something to the effect that the intent was to keep inmates from obtaining firearms. Therefore the 'contraband' restriction did not apply outside the secure area. I'll have to see if I can find it again.
notalawyer
Regular Member
Another statute that causes issues....I'll attempt to clarify.
In general one may not have a firearm on the property of a school, period. However there is an exception allowing folks to keep a firearm 'securely encased' in an vehicle in accordance with 790.25(5). With or without a CWFL.
Then the statue includes a provision for 'School Boards' to enact & publish rules waiving this exception for the purpose of student and campus parking privileges. - Publish is not defined.
The major problem with this exception is that it violates the doctrine of Separation of Powers, as an unconstitutional delegation of power from the Legislative branch to the Executive. In that it allows the School Board to declare some activity a felony just by publishing a 'rule'. This also clearly violates the principal intent of pre-emption - to insure consistent regulations statewide.
You may not have it on or about your person while on the property of any school - regardless if you have a CWFL.