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Thread: Several Question regarding CWP

  1. #1
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    Several Question regarding CWP

    So I am waiting for my permit to come, I passed a background check and I sent everything in a couple days ago, but I have a few questions that the class instructor wasn't clear on and I looked up the laws and I am a little confused so if some can please enlighten me:

    1. If I am stopped, what is the "right" way to tell the officer I have a concealed weapon? Does he already know when he runs my tag?

    2. What exactly does concealed mean in terms of the law? I am worried that if I make certain movements, people will be able to see a "bulge" if I carry it on my waist. Although, this is the perfect excuse to go shopping.

    3. I go to school 3 days a s week, finishing up my BA this semester so can I legally leave the gun in my car when I go to class since I know I can't bring it on campus but can't I store it?

    Thank you. I'm sure I will have a lot more questions down the road.

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    Founder's Club Member ixtow's Avatar
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    1. If I am stopped, what is the "right" way to tell the officer I have a concealed weapon? Does he already know when he runs my tag?
    You don't have to tell them if you don't want. If you do want to, just handing the the Officer your CWP with your DL, Registration, Proof of Insruance is appropriate. "I have a gun" is probably not going to be a good way....

    2. What exactly does concealed mean in terms of the law? I am worried that if I make certain movements, people will be able to see a "bulge" if I carry it on my waist. Although, this is the perfect excuse to go shopping.
    Is the bulge identifiable as a Gun? If so, that is Printing. Many a flame war has been started on this topic.

    Accidental Exposure and Printing seem to go by what Cops is notified/Sees it, and what area of FL you are in.

    I've read reports that it is 'no big deal.'

    I've personally witnessed a Judge call it brandishing when a Bogus Terry Stop pat down revealed the weapon and there was no visible 'Printing' at all.

    It's a toss-up. Depends on the politics of the MWAG caller, Dispatch, Cops, Prosecutor, Judge... If you get a Democrat every step of the way, you're screwed.

    Statutorily, it's not a crime to Print. Case law will show you some Judges consider Printing to be unconcealed, and that is a Crime. It depends on their mood and political pre-disposition towards guns and gun owners. It SHOULD be cut and dry, but it's not.

    3. I go to school 3 days a s week, finishing up my BA this semester so can I legally leave the gun in my car when I go to class since I know I can't bring it on campus but can't I store it?
    Are you parking in a School Parking Lot? Most Schools own their parking lots and the parking lot is considered no less 'the Campus' than inside the building.

    Florida is a mess. Sometimes a straight answer just isn't available.

    I'll go so far as to say, if it's concealed..........
    Last edited by ixtow; 02-10-2011 at 09:15 AM.

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    Quote Originally Posted by ixtow View Post
    You don't have to tell them if you don't want. If you do want to, just handing the the Officer your CWP with your DL, Registration, Proof of Insruance is appropriate. "I have a gun" is probably not going to be a good way....
    Ok, I was under the assumption that you had to tell them. Thank you.


    Quote Originally Posted by ixtow View Post
    Is the bulge identifiable as a Gun? If so, that is Printing. Many a flame war has been started on this topic.

    Accidental Exposure and Printing seem to go by what Cops is notified/Sees it, and what area of FL you are in.

    I've read reports that it is 'no big deal.'

    I've personally witnessed a Judge call it brandishing when a Bogus Terry Stop pat down revealed the weapon and there was no visible 'Printing' at all.

    It's a toss-up. Depends on the politics of the MWAG caller, Dispatch, Cops, Prosecutor, Judge... If you get a Democrat every step of the way, you're screwed.

    Statutorily, it's not a crime to Print. Case law will show you some Judges consider Printing to be unconcealed, and that is a Crime. It depends on their mood and political pre-disposition towards guns and gun owners. It SHOULD be cut and dry, but it's not.
    Ok. I guess I will hope for luck. I practiced with a few holsters and it seems that I can keep it most concealed on my ankle. But I also bought a holster that fits kinda behind my hip in my jeans. But I worry that if I have to bend over, the form of the top of the gun will show under my shirt.



    Quote Originally Posted by ixtow View Post
    Are you parking in a School Parking Lot? Most Schools own their parking lots and the parking lot is considered no less 'the Campus' than inside the building.

    Florida is a mess. Sometimes a straight answer just isn't available.

    I'll go so far as to say, if it's concealed..........
    Yes. I go to the UCF campus in Orlando. Thank you for your help. This is definitely a learning experience and I want to make sure I am prepared.

    Also, if my company has a policy that states the no weapons can be carried into work, it is automatic termination. Can they file charges against you if they were to ever find out? Or would I just worry about being fired? Because I don't know if you know much about orlando but I work for corporate near where there was a shooting at an at and t call center last year. http://www.clickorlando.com/news/22499507/detail.html so I just want to make sure if they can legally do anything else besides fire me if I ever actually had to use a weapon.

    I mean obviously I hope I never have to shoot besides practicing at a shooting range but in this world we live in, I want to make sure I am prepared to defend myself and family.

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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by Alexandria View Post
    Also, if my company has a policy that states the no weapons can be carried into work, it is automatic termination. Can they file charges against you if they were to ever find out? Or would I just worry about being fired?
    No charges can be filed against you for carrying or storing your firearm at work. §790.251 F.S. forbids employers from firing you for storing your firearm in your car on company property while at work (with some exceptions), however you must be able to prove that it was solely for that reason you were fired. There is no legal protection from firing with regards to actual carry at work.
    Last edited by Rich7553; 02-10-2011 at 12:02 PM.

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    Quote Originally Posted by Rich7553 View Post
    No charges can be filed against you for carrying or storing your firearm at work. §790.251 F.S. forbids employers from firing you for storing your firearm in your car on company property while at work (with some exceptions), however you must be able to prove that it was solely for that reason you were fired. There is no legal protection from firing with regards to actual carry at work.
    Ok, thank you!

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    Alexandria, people may way too much out of "printing". Unless you're wearing spandex, and you're presenting a perfect "mold" of your gun, I wouldn't worry about it.

    To be legally concealed it must be out of "ordinary sight". That bulge or bump under your shirt could be a cellphone, PDA, glasses case, you name it. It's extremely rare for anyone to notice to be blunt.

    You should, obviously, work to avoid as much printing as possible, but, so long as you're concealed, don't worry. Florida has 10's of thousands of folks carrying concealed. I've YET to hear of anyone getting hassled by the cops for "printing".

    Flashing is something different. Florida has no brandishing laws. But, exhibition in a threatening, dangerous, or careless manner can get you in hot water. But, even that is exceedingly rare for a simple flash from reaching or bending the wrong way. To be blunt, people just don't pay attention by nature. Obviously, it's something to be avoided at all costs. But, again, way too much is made of this perceived problem.

    Also, be very careful about the advice you follow vs. ignore when you ask questions that give folks the opportunity to voice their anti-leo/anti-establishment agenda. Those folks are easy to find. Does their post have a tone of wanting to help, or does it hide an obvious bias?

    I would also encourage you to visit www.floridaconcealedcarry.com for a wealth of knowledge concerning anything to do with CONCEALED carry in Florida.

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    Quote Originally Posted by JeepSeller View Post

    You should, obviously, work to avoid as much printing as possible, but, so long as you're concealed, don't worry. Florida has 10's of thousands of folks carrying concealed. I've YET to hear of anyone getting hassled by the cops for "printing".

    I would also encourage you to visit www.floridaconcealedcarry.com for a wealth of knowledge concerning anything to do with CONCEALED carry in Florida.
    Thank you very much. I will check out that forum. It is just hard to understand the laws, you know? I interpret some of the wording one way but then I am not sure. I definitely want to be informed.

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    Quote Originally Posted by Alexandria View Post
    I definitely want to be informed.
    That's the single best decision you can make IMHO. In fact, we all can carry guns, get training, etc. But, IMHO, being informed and making good choices are the foundation of self defense. The rest are tools that build on that foundation.

    Good luck and stay safe.

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    Quote Originally Posted by Alexandria View Post
    Thank you very much. I will check out that forum. It is just hard to understand the laws, you know? I interpret some of the wording one way but then I am not sure. I definitely want to be informed.
    I kept my gun in the glovebox when I went to UCF. I didn't care if it was legal or not, but a lawyer friend told me that, contrary to popular belief, having a gun in a glovebox is legal EVERYWHERE in Florida except a public elementary, middle, or secondary school.

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    Regular Member 77zach's Avatar
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    Quote Originally Posted by Alexandria View Post
    Ok, I was under the assumption that you had to tell them. Thank you.




    Ok. I guess I will hope for luck. I practiced with a few holsters and it seems that I can keep it most concealed on my ankle. But I also bought a holster that fits kinda behind my hip in my jeans. But I worry that if I have to bend over, the form of the top of the gun will show under my shirt.






    Yes. I go to the UCF campus in Orlando. Thank you for your help. This is definitely a learning experience and I want to make sure I am prepared.

    Also, if my company has a policy that states the no weapons can be carried into work, it is automatic termination. Can they file charges against you if they were to ever find out? Or would I just worry about being fired? Because I don't know if you know much about orlando but I work for corporate near where there was a shooting at an at and t call center last year. http://www.clickorlando.com/news/22499507/detail.html so I just want to make sure if they can legally do anything else besides fire me if I ever actually had to use a weapon.

    I mean obviously I hope I never have to shoot besides practicing at a shooting range but in this world we live in, I want to make sure I am prepared to defend myself and family.


    790.115(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:
    . . .

    3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

    So in the glovebox, or otherwise not available for immediate use is perfectly legal at colleges. Good to know!

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    Founder's Club Member ixtow's Avatar
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    It is a better position to take than insulting anyone who has experiences that differ from JeepSeller's.

    I take my position from facts I have seen and experienced for myself, not the denial of those who just cannot believe the Gov would ever do something bad... Being a lapdog for denial is not unbiased.

    As I said, many flame wars....

    I was simply trying to provide the full breadth of possibilities. All I have mentioned, I have seen with my own eyes. It hasn't got anything to do with a bias of one sort or another. Those who live in denial of reality, even to the point of insulting anyone who dares suggest it might be an unpleasant reality, well... Draw your own conclusions.

    Democrats try to paint themselves as "Moderate" by filling the Media with Super Crazy Left Moonbat ideas, and slightly less Crazy Left Moonbat ideas. By contrast, it appears to be moderation. But it's not; it's censorship.

    Living in denial of the truth can seem pretty rational, when, uh, you deny everything except what you want to see. Self-censorship is still censorship for the sake of creating a false moderacy. Most people do this, Shrinks teach it as a 'coping mechanism.' It's rather common. those who hide behind "everyone is doing it" as a sad bunch of well-adjusted liars. I digress....

    It's not likely, but it is possible to run afoul of a Judge bending the law if you Print. I've seen it happen more than once. Unlikely, but possible. Regardless of what you think of me, my eyes and ears don't lie. Neither do the Minutes.... Unsavory facts are still facts. I prefer to meet them, others pretend they don't exist.

    I'll not let this thread get dragged down into the same old elitist flamefests of the past. Never ague with an idiot, they just drag you down to their level and declare victory through ignorance/slander.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
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    Thank you all for your advice.

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    Quote Originally Posted by 77zach View Post
    790.115(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:
    . . .

    3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

    So in the glovebox, or otherwise not available for immediate use is perfectly legal at colleges. Good to know!
    The problem is that many colleges and universities cite the exception as their authority, despite the fact that they do not meet the definition of a "school district". Too late, you're still barred from campus.

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    Quote Originally Posted by Alexandria View Post
    Thank you all for your advice.
    Alexandria, may I suggest that you check out Florida Carry? Florida Carry, Inc. is a non-profit, grassroots organization which promotes the rights of gun owners and carriers. We are heavily involved in pro-gun bills currently in the state legislature, and it looks like this will be the biggest year for gun rights since 1987 gave us "shall-issue" concealed licenses. Here's a link to a list of pending bills.

    http://www.floridacarry.org/forum/vi....php?f=20&t=87
    Last edited by Rich7553; 02-11-2011 at 12:06 AM.

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    Haven't seen anyone mention this yet, but I HIGHLY recommend you purchase and read "Florida Firearms law, use, & ownership 7th edition".

    Can find it here: http://www.floridafirearmslaw.com/p/...-Book-7th.html

    Written by a Florida attorney specializing in firearms law it's considered a go to resource for Florida laws.

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    Quote Originally Posted by Rich7553 View Post
    The problem is that many colleges and universities cite the exception as their authority, despite the fact that they do not meet the definition of a "school district". Too late, you're still barred from campus.

    Oh yes, they could still take action against you as a student- they just can't lock you up.

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    Quote Originally Posted by 77zach View Post
    Oh yes, they could still take action against you as a student- they just can't lock you up.
    Yep, I'm well aware of that!
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    Printing

    In Florida the law states that you must "Conceal" your weapon and or firearm. There is no law about "Printing" in Florida Statues. The law defines "Concealed as ( (2)“Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person. There is no law that states that "PRINTING " IS ILLEGAL therefore if you have a gun under even spandex that is ok.
    I carry every where I go and usually my shirt is long but somewhat tight and have never had a cop or anybody flip out over it except when they tell me they can see i'm carrying but no big deal. Cops usually ask what type of gun am I carrying and then we start talking about guns and the "open carry" that is coming in July and say sound like we might be getting our country back and such. When I took my class they even showed us that printing was legal and used spandex as an example too.
    God Bless America.

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    The spandex example is legal....just ill advised and terribly out of fashion. LOL

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    It is entirely true that no statute concerning printing exists. But in the minds of activist judges, it does.

    Lack of statute doesn't stop them. If you don't live in the Miami/Dade area, it shouldn't become an issue. Sorting names should be easier with that...
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    Quote Originally Posted by Alexandria View Post

    1. If I am stopped, what is the "right" way to tell the officer I have a concealed weapon? Does he already know when he runs my tag?
    if you feel the urge to notify them simply hand over your CWP along with your license.

    2. What exactly does concealed mean in terms of the law? I am worried that if I make certain movements, people will be able to see a "bulge" if I carry it on my waist. Although, this is the perfect excuse to go shopping.
    concealed, covered, it could be under your shirt, in a bag, or simply have something draped over it. as long as it is not in plain view your fine.

    if it is seen you could be charged with brandishing, lifting your arm to reach something on a shelf and the butt of the gun is exposed for example. one reason the new open carry law make sense, takes care of that problem.

    3. I go to school 3 days a s week, finishing up my BA this semester so can I legally leave the gun in my car when I go to class since I know I can't bring it on campus but can't I store it?
    your car is your property, treated as an extension of your home. if you can store it at home you can store it in your car, just be sure to follow FL law for proper storage, securely encased.

    a holster that can snap or buckle closed counts as securely encased.
    Last edited by southern boy; 02-16-2011 at 02:43 PM.

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