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hb517

77zach

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Hmmm. I'm no lawyer, but it looks to me like if they strike out the words "briefly and" we'd be golden!

That being the case, I think we should let the amendment stand as is. Then next year rather than trying to pass some complicated language, let's just get them to strike out those two words.

Indeed
 

brboyer

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Hmmm. I'm no lawyer, but it looks to me like if they strike out the words "briefly and" we'd be golden!

That being the case, I think we should let the amendment stand as is. Then next year rather than trying to pass some complicated language, let's just get them to strike out those two words.

They won't, but yes that is purely subjective...could be seconds, minutes, hours....hence one of the big issues withthe language.
 

firedog

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Hmmm. I'm no lawyer, but it looks to me like if they strike out the words "briefly and" we'd be golden!

That being the case, I think we should let the amendment stand as is. Then next year rather than trying to pass some complicated language, let's just get them to strike out those two words.
That's what I was thinking.. I failed to explain that before the troll started pounding on me again and pointing out how stupid I am. I wish he would just go back the floridaconcealedcarry.org and continue to preach his expertise and his belittlement of participants over there.
 

77zach

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They won't, but yes that is purely subjective...could be seconds, minutes, hours....hence one of the big issues withthe language.

Herein is the 180 Evers and Hammer did. They correctly pointed out that the only way to accomplish their objective was to legalize open carry for license holders. They went back on that and now have inadvertently but hopefully "briefly" sabotaged our future efforts.
 
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brboyer

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Herein is the 180 Evers and Hammer did. They correctly pointed out that the only way to accomplish their objective was to legalize open carry for license holders. They went back on that and now have inadvertently but hopefully "briefly" sabotaged our future efforts.

No, no 180...they, correctly, stated that open carry is the best way to accomplish it. Others, in positions of power/influence, disagreed...so here we are.
 
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deserteagle50

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florida cracker
did they change the wording again??

CS/CS/HB 517: FirearmsTrack This Bill


GENERAL BILL by Judiciary Committee; Criminal Justice Subcommittee; Dorworth; (CO-INTRODUCERS) Baxley; Caldwell; Corcoran; Gaetz; Plakon; Tobia; Workman

Firearms; Provides that person in compliance with terms of concealed carry license may openly carry handgun notwithstanding specified provisions; allows Division of Licensing of DACS to take fingerprints from concealed carry license applicants; provides that person may not openly carry handgun or carry concealed weapon or firearm into specified locations; provides that concealed carry licensees shall not be prohibited from carrying or storing firearm in vehicle for lawful purposes, etc.

EFFECTIVE DATE: upon becoming a law
 

rvrctyrngr

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did they change the wording again??

CS/CS/HB 517: FirearmsTrack This Bill


GENERAL BILL by Judiciary Committee; Criminal Justice Subcommittee; Dorworth; (CO-INTRODUCERS) Baxley; Caldwell; Corcoran; Gaetz; Plakon; Tobia; Workman

Firearms; Provides that person in compliance with terms of concealed carry license may openly carry handgun notwithstanding specified provisions; allows Division of Licensing of DACS to take fingerprints from concealed carry license applicants; provides that person may not openly carry handgun or carry concealed weapon or firearm into specified locations; provides that concealed carry licensees shall not be prohibited from carrying or storing firearm in vehicle for lawful purposes, etc.

EFFECTIVE DATE: upon becoming a law

Yes. It's been amended several times.
 

brboyer

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didn't 234 & 517 match earlier today ?

No, 517 is still in the version that permits licensed open carry. They have not yet adopted the amendment the Senate did, according to their website. (But I'm sure that is just a technicality)

I just missed the floor discussion today.

Plus there is another offered amendment...

It's set for 3rd reading.
 
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firedog

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FL/NC
Ok this is new language and a new amendment. This is a different read on things. They seemed to have removed some of the ambiguous language. This may be interesting. It says you can briefly openly display a firearm as long as your intention is to carry it concealed. The “briefly” is questionable but it is not near as ambiguous as accidentally or inadvertently. Am I reading something wrong? So If I'm getting into my truck and I take my jacket off before I get in and my weapon becomes visible I am not in violation. Before if I took my coat off in such a manner then the exposure was not accidental or inadvertent and I was subject to arrest. This is interesting..

1) http://www.flsenate.gov/Session/Bill/2011/0234/Amendment/688734/HTML New language
2) http://www.flsenate.gov/Session/Bill/2011/0234/Amendment/322294/HTML Old language

New Language:
It
12 is not a violation of this section for a person licensed to
13 carry a concealed firearm as provided in s. 790.06(1), and who
14 is lawfully carrying a firearm in a concealed manner, to briefly
15 and openly display the firearm
to the ordinary sight of another
16 person, unless the firearm is intentionally displayed in an
17 angry or threatening manner, not in necessary self-defense.

Old Lanquage:
It
11 shall not be a violation of this section for a person who is
12 licensed to carry a concealed firearm, and who is lawfully
13 carrying it in a concealed manner, to accidentally or
14 inadvertently display the firearm to the ordinary sight of
15 another person so long as the firearm is not displayed in a
16 rude, angry, or threatening manner.
I think you're reading it correctly. It is the same verbiage that is in SB234. Doesn't really matter about taking your coat off at your car though...still can't open carry in your vehicle. :banghead:
That's where I got it from, SB234 amendment of the 27th. I'd been on 48 hours shifts and hadn't seen its latest..

On the point of the new amendment, it means I can removed my coat, get into the vehicle, remove the weapon and place it in the safe or console without being subject to arrest because I removed my coat outside the vehicle and intentionally allowed my weapon to be seen, correct?

This also means I don't have to get into the vehicle, remove & stow the firearm then get out of vehicle to remove my coat, correct?

I question this because it is the exact scenario that happened to me just in reverse. I got out of my vehicle wearing the firearm, reached into the vehicle to retrieve my over shirt. I was seen by LEO and approached and questioned. I was told I had just violated the CCW law and I needed to be careful next time. Had it been an A-hole LEO I hate to think what he could’ve done if he wanted..
 

rvrctyrngr

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That's where I got it from, SB234 amendment of the 27th. I'd been on 48 hours shifts and hadn't seen its latest..

On the point of the new amendment, it means I can removed my coat, get into the vehicle, remove the weapon and place it in the safe or console without being subject to arrest because I removed my coat outside the vehicle and intentionally allowed my weapon to be seen, correct?

This also means I don't have to get into the vehicle, remove & stow the firearm then get out of vehicle to remove my coat, correct?

I question this because it is the exact scenario that happened to me just in reverse. I got out of my vehicle wearing the firearm, reached into the vehicle to retrieve my over shirt. I was seen by LEO and approached and questioned. I was told I had just violated the CCW law and I needed to be careful next time. Had it been an A-hole LEO I hate to think what he could’ve done if he wanted..

What you describe is my understanding of the intent of the legislation.

Still doesn't mean some LEO isn't going to arrest/harass you if he/she sees your weapon, as 'brief' is not defined in the statute. You might beat the rap, but you won't beat the ride.
 

firedog

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FL/NC
What you describe is my understanding of the intent of the legislation.

Still doesn't mean some LEO isn't going to arrest/harass you if he/she sees your weapon, as 'brief' is not defined in the statute. You might beat the rap, but you won't beat the ride.
Ture there. Had I not been wearing my uniform t-shift it may have gone down in a different way.
I hate the word brief and its possible interpretation by any given LEO.

I think he was just educating me on what I knew already and it was my bad for doing it. I’ve done it before but that was the time LEO saw it. He was cool and I think he just wanted to talk to a fellow public servant before heading off on shift. If every LEO was like that I think we would be a lot better off. I just know there are some out there that can be real A-holes sometimes. Beating the ride is what I worry about most of the time.
 

j4l

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fl
What you describe is my understanding of the intent of the legislation.

Still doesn't mean some LEO isn't going to arrest/harass you if he/she sees your weapon, as 'brief' is not defined in the statute. You might beat the rap, but you won't beat the ride.

Freakin obsurd.
 

rvrctyrngr

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Ture there. Had I not been wearing my uniform t-shift it may have gone down in a different way.
I hate the word brief and its possible interpretation by any given LEO.

I think he was just educating me on what I knew already and it was my bad for doing it. I’ve done it before but that was the time LEO saw it. He was cool and I think he just wanted to talk to a fellow public servant before heading off on shift. If every LEO was like that I think we would be a lot better off. I just know there are some out there that can be real A-holes sometimes. Beating the ride is what I worry about most of the time.

I'm pretty much opposed to any verbiage that can be left up to the interpretation of LE, though the verbiage now at least makes them HAVE to think.

Yes, the LEO in your encounter could certainly have ruined your day, had had the mind to do so. I do not believe that most LEOs are looking to do that, and are more like the one you were fortunate enough to encounter.
 
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