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SURRENDERING YOUR WEAPON

FloridaHorseman

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HankT wrote:
FloridaHorseman wrote:

I've only been stopped once while CC and IMMEDIATELY informed the FL Highway Patrol officer I had a licensed loaded handgun in the vehicle. He asked its location and for me to step out of the vehicle while he called for a back-up officer. When he arrived I was asked permissionby the FHP officer to retrieve and secure my weapon and I concurred. I provided my CC permit, DL and insurance card as requested, the traffic stop concluded and my handgun was returned to me with the magazine removed and chamber cleared.

I would not do it any other way. I feel it's a safety courtesy for both myself and the officer to identify myself as a CCW holder as soon as possible after a stop. On the outside chance I get stopped by some hotshot cowboy cop who wants to seize my weapon, I prefer to get it back from the court system than to risk a knee-jerk reaction from the discovered presence of an unannouced handgun.

IMO, the shoulder of the roadway is not the place for arguing Constitutional Law.
Did you get a traffic ticket in this incident?
"Did you get a traffic ticket in this incident?" No. It was a stop to check a temporary paper license plate that was illegible because of a burned out tag light. No citation. Just a warning to get the light fixed. ~FH
 

HankT

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FloridaHorseman wrote:

I choose to participate incourteous cooperation with LEO's regarding my lawful possession of a loaded weapon in their presence. I simply offered my only experience with a traffic stop as an example of the outcome Gutmacher predicted.Excuse me if I don't share an apparent disdain for whatmost LEO'sdo, the conditions under which they have to work or care about anyone else's argumentative perception of how I exercise my constitutional rights and conduct myselfas a responsible armed citizen.
If you would not have told the trooper of the gun in the car, would anything in the interactionhave been less courteous or cooperative? Or less respectful...or less safe?
 

FloridaHorseman

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HankT wrote:
FloridaHorseman wrote:

I choose to participate incourteous cooperation with LEO's regarding my lawful possession of a loaded weapon in their presence. I simply offered my only experience with a traffic stop as an example of the outcome Gutmacher predicted.Excuse me if I don't share an apparent disdain for whatmost LEO'sdo, the conditions under which they have to work or care about anyone else's argumentative perception of how I exercise my constitutional rights and conduct myselfas a responsible armed citizen.
If you would not have told the trooper of the gun in the car, would anything in the interactionhave been less courteous or cooperative? Or less respectful...or less safe?
It was in "plain sight" on the floor between the front bucket seats in a conversion van had he chosen to look inside, as LEO's often do. I normally carry it in the small of my back but not while driving. I stand by my decision to advise him of it. ~FH
 

HankT

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FloridaHorseman wrote:
HankT wrote:
FloridaHorseman wrote:

I choose to participate incourteous cooperation with LEO's regarding my lawful possession of a loaded weapon in their presence. I simply offered my only experience with a traffic stop as an example of the outcome Gutmacher predicted.Excuse me if I don't share an apparent disdain for whatmost LEO'sdo, the conditions under which they have to work or care about anyone else's argumentative perception of how I exercise my constitutional rights and conduct myselfas a responsible armed citizen.
If you would not have told the trooper of the gun in the car, would anything in the interactionhave been less courteous or cooperative? Or less respectful...or less safe?
It was in "plain sight" on the floor between the front bucket seats in a conversion van had he chosen to look inside, as LEO's often do. I normally carry it in the small of my back but not while driving.
Isn't that illegal?
 

FloridaHorseman

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No. The way it's holsteredI could easily show three distinct moves to make the gun ready to fire. That's all that's required for it to also be protected by the Cased Gun provision. ~FH
 

HankT

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FloridaHorseman wrote:
No. The way it's holsteredI could easily show three distinct moves to make the gun ready to fire. That's all that's required for it to also be protected by the Cased Gun provision. ~FH


How long ago was your traffic stop?
 

High1977

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I LIVE IN PENSACOLA, FL, I AM ACTIVE DUTY MILITARY AND HAVE A CCW. I WAS PULLED OVER BY AN ESCAMBIA COUNTY SHERIFF FOR A TAILLIGHT, OUT OF HABIT I GAVE HIM MY DRIVERS LICENSE, MILITARY ID AND CCW SINCE ITWAS ALL TOGETHER IN MY WALLET. HE DID NOTHING BUT ASK ME IF I HAD MY WEAPON ON ME AND IF I HAD BEEN DRINKING OR TAKING MEDS. I SAID NO AND HE GAVE ME A FIX IT TICKET AND SENT ME ON MY WAY. BUT I HEAR STORIES THAT STATE TROOPERS WILL ASK YOU TO TURN OVER DURING THE TRAFFIC STOP IF YOU IDENTIFY YOU HAVE IT, THEY RETURN IT AFTERWARDS THOUGH. I'M NOT SURE IF THAT IS BAD OR NOT, I HAVE HEARD HORROR STORIES OF FL TROOPERS BEING SHOT, RUN DOWN ETC LATELY SO I CAN'T BLAMETHE TROOPERS AT ALL. IS ALL IT TAKES IS ONE DRUNK IDIOT TO BRAG OR PULL HIS @#$% OUT AND THEY SCREW IT UP FOR ALL OF US.
 

brboyer

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FloridaHorseman wrote:
No. The way it's holsteredI could easily show three distinct moves to make the gun ready to fire. That's all that's required for it to also be protected by the Cased Gun provision. ~FH

Now that is funny, you have no idea what you are talking about. Please provide a cite to this so-called 'Cased Gun' provision.
 

HankT

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brboyer wrote:
FloridaHorseman wrote:
No. The way it's holsteredI could easily show three distinct moves to make the gun ready to fire. That's all that's required for it to also be protected by the Cased Gun provision. ~FH

Now that is funny, you have no idea what you are talking about. Please provide a cite to this so-called 'Cased Gun' provision.
I suspect he means the "securely encased" provision.
 

SpringerXDacp

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High1977 wrote:
I LIVE IN PENSACOLA, FL, I AM ACTIVE DUTY MILITARY AND HAVE A CCW. I WAS PULLED OVER BY AN ESCAMBIA COUNTY SHERIFF FOR A TAILLIGHT, OUT OF HABIT I GAVE HIM MY DRIVERS LICENSE, MILITARY ID AND CCW SINCE ITWAS ALL TOGETHER IN MY WALLET. HE DID NOTHING BUT ASK ME IF I HAD MY WEAPON ON ME AND IF I HAD BEEN DRINKING OR TAKING MEDS. I SAID NO AND HE GAVE ME A FIX IT TICKET AND SENT ME ON MY WAY. BUT I HEAR STORIES THAT STATE TROOPERS WILL ASK YOU TO TURN OVER DURING THE TRAFFIC STOP IF YOU IDENTIFY YOU HAVE IT, THEY RETURN IT AFTERWARDS THOUGH. I'M NOT SURE IF THAT IS BAD OR NOT, I HAVE HEARD HORROR STORIES OF FL TROOPERS BEING SHOT, RUN DOWN ETC LATELY SO I CAN'T BLAMETHE TROOPERS AT ALL. IS ALL IT TAKES IS ONE DRUNK IDIOT TO BRAG OR PULL HIS @#$% OUT AND THEY SCREW IT UP FOR ALL OF US.

Welcome to OCDO High1977.

I lived in Pensacola in 85 and returned to Michigan--I hated the humidity.

Also, please do not use all caps, it's hard to read and some take it as shouting.
 

brboyer

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HankT wrote:
brboyer wrote:
FloridaHorseman wrote:
No. The way it's holsteredI could easily show three distinct moves to make the gun ready to fire. That's all that's required for it to also be protected by the Cased Gun provision. ~FH

Now that is funny, you have no idea what you are talking about. Please provide a cite to this so-called 'Cased Gun' provision.
I suspect he means the "securely encased" provision.


"three distinct moves" that is what is funny.

This guy fits perfectly the"Flame Troll" M.O.
 

SpringerXDacp

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Florida 790.001:

(17)"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.
 

brboyer

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SpringerXDacp wrote:
Florida 790.001:

(17)"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.


And?
 

SpringerXDacp

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brboyer wrote:
SpringerXDacp wrote:
Florida 790.001:

(17)"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.


And?
I was replying to HankT without quoting, see above. I'm really not in the mood--today or any day--to get caught-up in HankT's physco-analytical debates.
 

JeepSeller

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FloridaHorseman wrote:
No. The way it's holsteredI could easily show three distinct moves to make the gun ready to fire. That's all that's required for it to also be protected by the Cased Gun provision. ~FH
There is no 3 step rule in Florida. Securely encased is all that's required.
 

holdcard

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Correct on the three moves rule...there is no such thing. It was thought up by some unknown with a lack of knowledge of Florida gun laws.
 

ricinfl

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Let me first say I ride a motorcycle and get pulled over fairly often. I normally advise the officer that I am armed. I have been pulled 3 times all 3 at night and presented my carry permit along with my license. One one occation the officer asked what type of gun I was carring and asked if he could see it, but this was not an attempt to disarm me he was interested in the weapon. I am aware I am not required to disclose but I do so out of respect. I have never been mistreated as a result of my disclosure as a mater of fact I have not recieved a ticket either. As for surrending my weapon if thats what the officer instructed I would comply, but its never come to that.

I'm sure there are those out there that disagree with my actions but I do so for a reason. I do not want my weapon to become visiable during a traffic stop and being streached out on the pavement while things get sorted out.

Just my thoughts......

Ric
 
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