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Just Did The "Default Walk"

OneInThePipe

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OneInThePipe wrote:
Maybe I'm missing something here but it looks to me like this would be an easy issue to solve.

Simply take your default permit and approach the nearest LEO. If he agrees and lets you walk away then you are proven right.

If he arrests you then perhaps the other forum is right.

Either way I would think that a true patriot such as yourself would be willing to do more for the cause than just walk around his neighborhood.
You answered other posts how about replying to this post?

Are you going to keep talking trash or are you going to stand behind your beliefs and be a true patriot?
 

JeepSeller

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OneInThePipe wrote:
OneInThePipe wrote:
Maybe I'm missing something here but it looks to me like this would be an easy issue to solve.

Simply take your default permit and approach the nearest LEO. If he agrees and lets you walk away then you are proven right.

If he arrests you then perhaps the other forum is right.

Either way I would think that a true patriot such as yourself would be willing to do more for the cause than just walk around his neighborhood.
You answered other posts how about replying to this post?

Are you going to keep talking trash or are you going to stand behind your beliefs and be a true patriot?
He's not going to do it. We all know why.
 

OneInThePipe

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JeepSeller wrote:
OneInThePipe wrote:
OneInThePipe wrote:
Maybe I'm missing something here but it looks to me like this would be an easy issue to solve.

Simply take your default permit and approach the nearest LEO. If he agrees and lets you walk away then you are proven right.

If he arrests you then perhaps the other forum is right.

Either way I would think that a true patriot such as yourself would be willing to do more for the cause than just walk around his neighborhood.
You answered other posts how about replying to this post?

Are you going to keep talking trash or are you going to stand behind your beliefs and be a true patriot?
He's not going to do it. We all know why.
I don't expect him to answer either. I wonder if he is a Brady troll.
He does live up to his B.S. initials though.
 

smoking357

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JeepSeller wrote:
OneInThePipe wrote:
OneInThePipe wrote:
Maybe I'm missing something here but it looks to me like this would be an easy issue to solve.

Simply take your default permit and approach the nearest LEO. If he agrees and lets you walk away then you are proven right.

If he arrests you then perhaps the other forum is right.

Either way I would think that a true patriot such as yourself would be willing to do more for the cause than just walk around his neighborhood.
You answered other posts how about replying to this post?

Are you going to keep talking trash or are you going to stand behind your beliefs and be a true patriot?
He's not going to do it. We all know why.
Because, Bob, one's rights do not flow from the police.

By the way, the criteria for a "shall issue" permit does not include having an "attitude" that comports to the mores of a hillbilly, so if you attempt to frustrate my civil rights, I'll sue the hell out of you.
 

OneInThePipe

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smoking357 wrote:
It seems we have some newcomers.

Before the newcomers are allowed to proceed, they must answer a simple question:

Do you support open carry in Florida?

I support open carry in Florida.

Are you or are you not going to test out your default permit?
 

JeepSeller

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I'm afraid I didn't see your name on this forum, so, I'm not sure how you contend you are in any postion to dictate who can and cannot "proceed" in this forum.

However, that being said, and that I'm not afraid myself to answer some simple questions,..

I, personally,do not have any problems carrying concealed, I enjoy the "suprise" element, and I've had no problems with any draw issues.Yet, I also completelysupport anyone's right to carry openly if that is what they wanted.Currently, Florida does not allow for that though, so, we're stuck with CC for the moment. Live with it or work to change it.

I say, instead of spending so much time and energy bashing on other forums and brother gun advocates, and preaching misguided theories about "self issued" liscenses.... Why not put all that energy into working together and getting the laws changed.

You'll never change laws by breaking them you know. In the end, the only thing you're doing is bringing the wrong kind of attention to our cause.
 

smoking357

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JeepSeller wrote:
I'm afraid I didn't see your name on this forum, so, I'm not sure how you contend you are in any postion to dictate who can and cannot "proceed" in this forum.

However, that being said, and that I'm not afraid myself to answer some simple questions,..

I, personally,do not have any problems carrying concealed, I enjoy the "suprise" element, and I've had no problems with any draw issues.Yet, I also completelysupport anyone's right to carry openly if that is what they wanted.Currently, Florida does not allow for that though, so, we're stuck with CC for the moment. Live with it or work to change it.

I say, instead of spending so much time and energy bashing on other forums and brother gun advocates, and preaching misguided theories about "self issued" liscenses.... Why not put all that energy into working together and getting the laws changed.

You'll never change laws by breaking them you know. In the end, the only thing you're doing is bringing the wrong kind of attention to our cause.
Your ilk has "brought the wrong kind of attention to our cause." In fact, nobody else cares. It's only you and yours engaging in histrionics against this exercise of our rights.

This forum exists is to bring about open carry in Florida, and that "other board" is openly hostile to open carry, mocking open carry and the other posters here.

Seriously, get with the program. It inures to our benefit to have default licenses be legal. I have never seen gun owners work so hard against their own interests or to conceive every imaginable argument against their rights. The scorn that was poured on myself and this legal maneuver was deplorable. So some smart guy figured out how to apply the law in favor of gun owners? Rejoice! Gun owners, everywhere, should be thrilled by, or at least not hostile to, this tactic.

Given the derision I've seen on such a simple matter as a default license, the gun owners in Florida are far too weak and internecine to mount a successful campaign to restore open carry.

P.S., "Bubby" is not "Bubba." Your fellow travelers were confused on that.
 

glock4me

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For those who do not understand it clearly, simply put:

1) There are two defaults the State can make in permitting/licensing.

The first is the 30 days to review and ask for additional information. Under this default you can request that they continue the process without the additional information. The 90 days then starts when they received the application. But they can deny the application if they do not have all the information necessary to issue.

The second is if they take more than 90 days AFTER they have a COMPLETE application to issue the permit. Let me try to explain. If the application is not complete then the Agency can request additional information. This STOPS the clock on the 90 days, the State calls it tolling the clock, once they have all the information they note the application as complete and the 90 days start from the day that they RECEIVED the information that completed the application.

You can notify them that they have exceeded the time frame allowed under Chapter 120 and you want the license issued as a default. If they agree then they send you the license. It doesn't look any different nor does it indicate anywhere it was issued under default. BUT YOU HAVE TO RECEIVE THE LICENSE PHYSICALLY BEFORE YOU CAN EXERCISE YOUR RIGHT UNDER THAT LICENSE. YOU CAN'T JUST START CARRYING CONCEALED AFTER 90 DAYS WITHOUT HAVING A LICENSE IN HAND.

The important thing to remember is this: If your application is not complete then they do not have to issue a default license. I guarantee you that if that person does not meet the criteria for receiving the carry license the Agency will fight the default and not issue it even if he is right. They are already under fire for issuing so many concealed weapons permits. They are not going to put themselves in the position to explain why they issued a default license to someone with, let's say a criminal record, or otherwise not qualifying. They will wear him out in court.

So here is the scenario, you can wait over the 90 days and cooperate and get your license in 98 days or 120 days, what ever time they need. OR You can claim they have defaulted and fight them for the license if they do not agree. This essentially kills the application because it becomes a legal issue. The application is removed from processing and sent to the Office of General Counsel for the license to be issued under default or denied. This is where the lawyers take over and the fun begins.






I spoke this afternoon with a supervisor in the compliance/enforcement section of DOACS Concealed Weapons licensing. He agreed with me that even ifyou had a case for default thatyou need to have an issued license physically onyou to not be arrested. He also agreed with me that the criminal court judge that will precide over his case will only be interested in whetheryou were in violation of Chapter 790.01. Chapter 790.01 says that you are in violation unless you posses a concealed weapons permit persuant to the conditions set in Chapter 790.06. No where does it say that you may carry if DOACS is in default of your application. Chapter 790.06 requires that you have the license with your picture on it as issued by the Agency when ever you carry a concealed weapon along with a valid ID (Driver License) and you must present both to a LEO upon his request. There is no provision anywhere in this section for claiming to have a license to carry under default through Chapter 120.
 

smoking357

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Glock23-4-Me wrote:
I spoke this afternoon with a supervisor in the compliance/enforcement section of DOACS Concealed Weapons licensing. He agreed with me that even ifyou had a case for default thatyou need to have an issued license physically onyou to not be arrested. He also agreed with me that the criminal court judge that will precide over his case will only be interested in whetheryou were in violation of Chapter 790.01. Chapter 790.01 says that you are in violation unless you posses a concealed weapons permit persuant to the conditions set in Chapter 790.06. No where does it say that you may carry if DOACS is in default of your application. Chapter 790.06 requires that you have the license with your picture on it as issued by the Agency when ever you carry a concealed weapon along with a valid ID (Driver License) and you must present both to a LEO upon his request. There is no provision anywhere in this section for claiming to have a license to carry under default through Chapter 120.
This has been explained and debunked earlier in this thread. The DOACS employee, if indeed quoted correctly, has a shallow understanding of the law.

The State cannot frustrate 120.60 through other means.
 

OneInThePipe

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smoking357 wrote:
Glock23-4-Me wrote:
I spoke this afternoon with a supervisor in the compliance/enforcement section of DOACS Concealed Weapons licensing. He agreed with me that even ifyou had a case for default thatyou need to have an issued license physically onyou to not be arrested. He also agreed with me that the criminal court judge that will precide over his case will only be interested in whetheryou were in violation of Chapter 790.01. Chapter 790.01 says that you are in violation unless you posses a concealed weapons permit persuant to the conditions set in Chapter 790.06. No where does it say that you may carry if DOACS is in default of your application. Chapter 790.06 requires that you have the license with your picture on it as issued by the Agency when ever you carry a concealed weapon along with a valid ID (Driver License) and you must present both to a LEO upon his request. There is no provision anywhere in this section for claiming to have a license to carry under default through Chapter 120.
This has been explained and debunked earlier in this thread. The DOACS employee, if indeed quoted correctly, has a shallow understanding of the law.

The State cannot frustrate 120.60 through other means.
Then take your default permit and approach the first LEO you see. Show him your default license and your concealed weapon.

The issue isn't really about OC but rather about legal CC.
 

glock4me

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smoking357 wrote:
This forum exists is to bring about open carry in Florida, and that "other board" is openly hostile to open carry, mocking open carry and the other posters here.


What forum to do speak of. I am a member of a few and if its the one I believe you are referring to which you were banned from, they are not openly hostile about open carry. There is a time and a place for everything. Some people would OC sometime and CC at others.



You have to be either not for real and only spew this stuff to get someones goat or you really are mentally unstable. Maybe a little of both. It is perfectly fine if you want to break the law but not the nicest thing for you to try and mislead others. Why did you apply for a license in the first place since you dont need the piece of paper anyway. Why don't you just move to a place where OC is legal and where you dont even need a license, thenyou dont have anything to worry about.
 

JeepSeller

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OneInThePipe wrote:
smoking357 wrote:
Glock23-4-Me wrote:
I spoke this afternoon with a supervisor in the compliance/enforcement section of DOACS Concealed Weapons licensing. He agreed with me that even ifyou had a case for default thatyou need to have an issued license physically onyou to not be arrested. He also agreed with me that the criminal court judge that will precide over his case will only be interested in whetheryou were in violation of Chapter 790.01. Chapter 790.01 says that you are in violation unless you posses a concealed weapons permit persuant to the conditions set in Chapter 790.06. No where does it say that you may carry if DOACS is in default of your application. Chapter 790.06 requires that you have the license with your picture on it as issued by the Agency when ever you carry a concealed weapon along with a valid ID (Driver License) and you must present both to a LEO upon his request. There is no provision anywhere in this section for claiming to have a license to carry under default through Chapter 120.
This has been explained and debunked earlier in this thread. The DOACS employee, if indeed quoted correctly, has a shallow understanding of the law.

The State cannot frustrate 120.60 through other means.
Then take your default permit and approach the first LEO you see. Show him your default license and your concealed weapon.

The issue isn't really about OC but rather about legal CC.


He's not going to doit. As I said before, I think we all know why.

He can't even back his arguments up with statute anymore. He has to lower himself to insults.

Always a sign of a desparate person who's been backed into a wall and cannot find reasonable escape...:quirky

Oh, and by the way, you weren't banned from "that other forum" for your views on OC. It was your aggressive, insulting, offensive attitude.

Is it at all possible for you to return to reality long enough to get at least THOSE facts straight?


I'm done with this guy. We've done enough damage to his theories, hopefully, no one will be silly enough to follow them now.
 

smoking357

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Glock23-4-Me wrote:
BUT YOU HAVE TO RECEIVE THE LICENSE PHYSICALLY BEFORE YOU CAN EXERCISE YOUR RIGHT UNDER THAT LICENSE. YOU CAN'T JUST START CARRYING CONCEALED AFTER 90 DAYS WITHOUT HAVING A LICENSE IN HAND.
You've emphasized this, so it appears you have firm authority in hand on this point.

Do you have a case or a DOAH opinion that upholds, affirms, or infers that this is true?
 

glock4me

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smoking357 wrote:
Glock23-4-Me wrote:
BUT YOU HAVE TO RECEIVE THE LICENSE PHYSICALLY BEFORE YOU CAN EXERCISE YOUR RIGHT UNDER THAT LICENSE. YOU CAN'T JUST START CARRYING CONCEALED AFTER 90 DAYS WITHOUT HAVING A LICENSE IN HAND.
You've emphasized this, so it appears you have firm authority in hand on this point.

Do you have a case or a DOAH opinion that upholds, affirms, or infers that this is true?

As a matter of fact I can. I think the statute would trump any OPINION you requested.

790.06 License to carry concealed weapon or firearm.--

Any person in compliance with the terms of such license (which you are not) may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. 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.
 

smoking357

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Glock23-4-Me wrote:
smoking357 wrote:
Glock23-4-Me wrote:
BUT YOU HAVE TO RECEIVE THE LICENSE PHYSICALLY BEFORE YOU CAN EXERCISE YOUR RIGHT UNDER THAT LICENSE. YOU CAN'T JUST START CARRYING CONCEALED AFTER 90 DAYS WITHOUT HAVING A LICENSE IN HAND.
You've emphasized this, so it appears you have firm authority in hand on this point.

Do you have a case or a DOAH opinion that upholds, affirms, or infers that this is true?

As a matter of fact I can.

790.06 License to carry concealed weapon or firearm.--

Any person in compliance with the terms of such license (which you are not) may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. 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.
You should know by now that governing statutes must be read in concert.

Doe v. Department of Health, 948 So.2d 803 (Fla. App., 2006)

"When the language of a statute conveys a clear and definite meaning, there is usually no occasion to resort to rules of statutory interpretation and construction. Holly v. Auld, 450 So.2d 217, 219 (Fla.1984). However, a literal interpretation of the language of a statute need not be given when to do so would lead to an unreasonable conclusion. Id. A departure from a literal interpretation of the statute may be merited when there are "cogent reasons" for believing that the letter of the law does not accurately disclose the legislative intent. Id. (citing State ex rel. Hanbury v. Tunnicliffe, 98 Fla. 731, 124 So. 279, 281 (1929)). Further, if a literal interpretation of the language of one statute would lead to an unreasonable conclusion regarding the interpretation of a related statute, the courts are not compelled to assume that the legislature acted unreasonably, especially when doing so would violate the stated legislative intent of one or more [highlight= rgb(181, 208, 224);]statutes[/highlight]. Where possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another. Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla. 1992); McGhee v. Volusia County, 679 So.2d 729, 730 n. 1 (Fla.1996) ("The doctrine of in pari materia requires the courts to construe related [highlight= rgb(181, 208, 224);]statutes[/highlight] [highlight= rgb(181, 208, 224);]together[/highlight] so that they illuminate each other and are harmonized.")."

790.06 presupposes that 120.06 has been followed correctly. 790.06 was never intended to veto 120.06.

Come on, guys. This is basic stuff.
 

OneInThePipe

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So if this is so basic and legal then why won't you answer my question or take up the challenge I laid down?

Take your default license and walk up to the first LEO you find. Show him your license and your concealed firearm.
 

JeepSeller

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OneInThePipe wrote:
So if this is so basic and legal then why won't you answer my question or take up the challenge I laid down?

Take your default license and walk up to the first LEO you find. Show him your license and your concealed firearm.

I'm telling you, he won't, no, he can't do it. He knows as well as we all do what the outcome would be. Not only would it land him in jail, but, it would prove him wrong once and for all, and he's not about to do that.

He's going to sit on this until he gets his permit in the mail making this whole thing a moot point.

Weak.
 
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