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Carrying my license

brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
FIRST OF ALL!! No you are not required by law to notify you have a weapon in this case, but its common courtesy to do so... If I pull you over and I find out you have a weapon in your car and you never said anything because you think your a harda**, I will be looking to mess up your day... show a positive additude from the start with both you DL and your CWL and I might just cut you loose and let you be on your way.

just a little common courtesy is all I ask for..

There is really nothing (Legally) that you could do about it. Or are you suggesting that you would further violate someone's rights or perhaps violate the law, or Dept. policy in some illegal/immoral quest for revenge?

Why would you assume a simple "Nope" in reply to your question about weapons suggests being a hard-ass or being rude in some manner.
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,461
Location
Florida
FIRST OF ALL!! No you are not required by law to notify you have a weapon in this case, but its common courtesy to do so... If I pull you over and I find out you have a weapon in your car and you never said anything because you think your a harda**, I will be looking to mess up your day... show a positive additude from the start with both you DL and your CWL and I might just cut you loose and let you be on your way.

just a little common courtesy is all I ask for..


Why would you be looking to mess up my day? If I have no intention of using my gun against you in any situation, and I'm not REQUIRED by law, then I see no reason for me to notify you, OR for you to mess up my day because I followed the law.

I'm only asking the original question because, WHEN will an officer ever find out I have a gun, unless I tell him? I'm not required to tell him in Florida, and if I DON'T tell him, I'm not gonna get in trouble...

I choose to tell officers out of courtesy. The one time I told an FHP, he took BOTH my guns out of my car, CARELESSLY, and put them in his car. Although, he did allow me to hand them to him out the window without his hand on his gun.
 

brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
Why would you be looking to mess up my day? If I have no intention of using my gun against you in any situation, and I'm not REQUIRED by law, then I see no reason for me to notify you, OR for you to mess up my day because I followed the law.

I'm only asking the original question because, WHEN will an officer ever find out I have a gun, unless I tell him? I'm not required to tell him in Florida, and if I DON'T tell him, I'm not gonna get in trouble...

I choose to tell officers out of courtesy. The one time I told an FHP, he took BOTH my guns out of my car, CARELESSLY, and put them in his car. Although, he did allow me to hand them to him out the window without his hand on his gun.

http://www.youtube.com/watch?v=7hkcZilKChI&feature=related
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,461
Location
Florida
"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. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court."


SO, when exactly would they demand it?
 

brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
"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. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court."


SO, when exactly would they demand it?

Whenever they want I suppose...but why would they unless they know (not sure how that happens, but we are all human and make mistakes) you are carrying concealed.
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,461
Location
Florida
Whenever they want I suppose...but why would they unless they know (not sure how that happens, but we are all human and make mistakes) you are carrying concealed.


I guess this is the infamous "accidental exposure" theory...right? If they see it (not printing) then I guess they could say, "Hey, you with the gun! Let me see your permit!" lol
 

brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
I guess this is the infamous "accidental exposure" theory...right? If they see it (not printing) then I guess they could say, "Hey, you with the gun! Let me see your permit!" lol

They could, yes. But it is very debatable if you actually have to comply with their request.

I won't go into the statutory and case law surrounding this type of 'stop' (which is covered under Terry and it's successors) but I think in this situation I would probably comply, even if not legally required to do so.
 

firedog

Regular Member
Joined
Mar 4, 2010
Messages
156
Location
FL/NC
Ok- but as of right now, I'm not required to tell LE that I am carrying, so how would they know?? And why would there be a request of my ID? if I get pulled over, I always notify, but that's just me. If I didn't tell him, he wouldn't know...so I'm confused as to why I need to carry it with me if I'm not required to notify, and case law states that simply having a gun is not suspicion of a crime to be committed..?
If you are pulled over in Florida and the trooper runs you license number (which I’m sure he will) your CCW permit will show in the report back from what I understand. That’s one way he will know you have a permit and may well ask if you are carrying. Once asked you are required to acknowledge with the truth. If he finds out you are carrying after he already walked away from your vehicle he’s prob going to write you for something just because you have pissed him off. I’ve noticed the rapport and attitude change to the favorable every time I’ve told the officer that I was carrying. Never have I gotten written after I’ve told them with my first words.
 
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brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
If you are pulled over in Florida and the trooper runs you license number (which I’m sure he will) your CCW permit will show in the report back from what I understand. That’s one way he will know you have a permit and may well ask if you are carrying. Once asked you are required to acknowledge with the truth. If he finds out you are carrying after he already walked away from your vehicle he’s prob going to write you for something just because you have pissed him off. I’ve noticed the rapport and attitude change to the favorable every time I’ve told the officer that I was carrying. Never have I gotten written after I’ve told them with my first words.

Once asked you are required to acknowledge with the truth
What statute would one be in violation of for failing to disclose the presence of a firearm during a stop for a traffic violation?
 

firedog

Regular Member
Joined
Mar 4, 2010
Messages
156
Location
FL/NC
What statute would one be in violation of for failing to disclose the presence of a firearm during a stop for a traffic violation?
OK, I'm not a cop but I did stay in a Holiday Inn Express once.
It is my understanding that giving false information or false ID to a cop is another crime in itself and may get you into the bracelets. Not failing to disclose but not telling the truth once asked. It's really not worth it. Like I said before I've never had a bad experience once I've told the officer I was carrying. Quite to the contrary it has always improved the situation.

Plus I travel to NC a lot and it is the law up there so it just makes it easier to continue the course and respect down here.
 
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brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
OK, I'm not a cop but I did stay in a Holiday Inn Express once.
It is my understanding that giving false information or false ID to a cop is another crime in itself and may get you into the bracelets. Not failing to disclose but not telling the truth once asked. It's really not worth it. Like I said before I've never had a bad experience once I've told the officer I was carrying. Quite to the contrary it has always improved the situation.

Plus I travel to NC a lot and it is the law up there so it just makes it easier to continue the course and respect down here.

It's really not worth it.
Not worth what? Nothing legal can happen, so what are you worried about?

It is my understanding that giving false information or false ID to a cop is another crime in itself and may get you into the bracelets.
Yes, giving false ID is illegal once legally detained. As to giving false info, that statute only applies to missing persons investigations or felony criminal investigations with the intent to impede such investigation. Neither being the case in a stop for a traffic violation.

Again, I'm not advocating either position, just clarifying the actual laws at work here.
 

Phssthpok

Regular Member
Joined
Jul 17, 2007
Messages
1,026
Location
, ,
no further comment


Translation:

"I have talked myself into a legally untenable corner and revealed my contempt for procedure and law. Rather than admit my error, I shall speak no more and hope those more knowledgeable than I will forget the potentially incriminating statements I previously made ."
 

brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
Translation:

"I have talked myself into a legally untenable corner and revealed my contempt for procedure and law. Rather than admit my error, I shall speak no more and hope those more knowledgeable than I will forget the potentially incriminating statements I previously made ."

That's much better than "I'm taking my ball and going home!"
 
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