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Charged with illegal Open Carry in Florida

U4TSAF2

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Joined
Mar 20, 2009
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WHAT???????????

When it comes to something as serious as this, when it comes to something that could result in a long jail sentence, why do people, go with the flow and make things up? :banghead:
It is all too frequent that I hear the "3-step" rule and it HAS NO LEGAL BASIS.:cuss:

NONE, ZILCH, ZERO!
 

flcaptainbill

Regular Member
Joined
Aug 19, 2007
Messages
22
Location
, Florida, USA
imported post

U4TSAF2 wrote:
WHAT???????????

When it comes to something as serious as this, when it comes to something that could result in a long jail sentence, why do people, go with the flow and make things up? :banghead:
It is all too frequent that I hear the "3-step" rule and it HAS NO LEGAL BASIS.:cuss:

NONE, ZILCH, ZERO!
Aint that the truth. No "Three-Step" rule.

"(5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012."

"Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."
 

mach116993

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Jan 29, 2009
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tony wrote:
I am a Florida resident that has punchiest a gun for my protection. I have been charged with open carry of a firearm 790.053. The situation is I had guest visiting with children and did not fell comfortable leaving my gun at home. Did not have my license yet so could not conceal my firearm, so I unload my gun place it in a holster and carry it to my car, place it in the glove box and drive away. Ten minutes later a police officer pulls me over with four other cars to assist in a takedown. Now I have been charged with open carry of a firearm. So how can I do this, if I conceal the gun I will be committing a felony and if I don’t it is a misdemeanor? How do I get my gun from my house to my car without becoming a criminal? The important part the kids are safe at my house! There is a level of responsibility in being a gun owner, and I thought that was me.
here is an idea next time you want to take your weapon to your vehicle put the open carry weapon in one hand and a fishing pole in the other.
 

Glock23shooter

Regular Member
Joined
Apr 7, 2009
Messages
11
Location
Tampa, Florida, USA
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Looks like you got arrested by an uneducated officer and maybe he can face a penalty for that charge he got you with. It's my worse anger to ever have to deal with LEO's like that but check this website out and this should be able to help you!

http://www.flaguns.com/phpBB3/viewforum.php?f=2

This is one of the best Florida gun forums on the net. you can view or find out anything you want and will 99.5% help you out with anything you need!

Sorry to see what happen to you tony, hope it made out ok for you?
 

Taz3

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Jun 19, 2009
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Pensacola, Florida, USA
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Get a lawyer. It is totaly legal and acceptable to carry open or concealed on your own property in Florida. Loaded or unloaded, in a holster out of a holster.Justget a lawyer. Do not let them get away with this.
 

Johnny_B

Regular Member
Joined
May 20, 2009
Messages
144
Location
Gulf Coast, Mississippi, USA
imported post

Taz3 wrote:
Get a lawyer. It is totaly legal and acceptable to carry open or concealed on your own property in Florida. Loaded or unloaded, in a holster out of a holster. Just get a lawyer. Do not let them get away with this. 

Me thinks your a little late to the party, i think theres some stale chips on top of the fridge for you to eat :)
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
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ralphb72 wrote:
Tony, GET A LAWYER, don't agree to anything or admit anything until you talk with your laywer, stop talking about this on here until after everytyhing is settled (anyone can read this here), then come back and update us.

NECRO THREAD.



If the OP was convicted, I am sure he has served his time and is probably off of whatever probation they taked on.
 
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