Ok, so SB234 has passed and in all likelihood will be signed into law. I won't go into the who's and why's of what happened. That has been rehashed and analyzed to death on numerous posts. What I'm looking for is some interpretation and clarification as is possible at this stage.
The ambiguous wording of the new law contains the words "brief and openly" as transcribed below:
34 It is not a violation of this section for a person licensed to
35 carry a concealed firearm as provided in s. 790.06(1), and who
36 is lawfully carrying a firearm in a concealed manner, to briefly
37 and openly display the firearm to the ordinary sight of another
38 person, unless the firearm is intentionally displayed in an
39 angry or threatening manner, not in necessary self-defense.
I don't see where "accidental" or "inadvertant" are contained simply that it not be "intentionally displayed in an angry or threatening manner." In my eyes that leaves a LOT of dangerous wiggle room. Does that mean it can be intentionally displayed in a non-threatening way? What is non-threatening? Holstered on my hip is non-threatening to me but what about another citizen or LEO? What is "brief"? To me, getting down from my car to pump gas, stop at a 7-Eleven, or into/out of work/home/range/gun store/etc are all "brief" in my definition. Something like 10 or 20 minutes. But what will our fellow citizens...and more importantly LEO's...define as "brief"?
Of course a lot depends on where you live and probably more importantly how far you're willing to challenge the law. Until an AGO is delivered there is no set standard definition of either "brief" or "intentionally displayed in an angry or threatening manner" so am I correct in assuming everything is legal up to the point you are willing to challenge it? I'm not looking to be a test case for the law but should CCW permit holders feel the law has changed nothing and complete 100% coverage of the firearm must be maintained at all times or are there times/instances when a few minutes of display are acceptable?
The ambiguous wording of the new law contains the words "brief and openly" as transcribed below:
34 It is not a violation of this section for a person licensed to
35 carry a concealed firearm as provided in s. 790.06(1), and who
36 is lawfully carrying a firearm in a concealed manner, to briefly
37 and openly display the firearm to the ordinary sight of another
38 person, unless the firearm is intentionally displayed in an
39 angry or threatening manner, not in necessary self-defense.
I don't see where "accidental" or "inadvertant" are contained simply that it not be "intentionally displayed in an angry or threatening manner." In my eyes that leaves a LOT of dangerous wiggle room. Does that mean it can be intentionally displayed in a non-threatening way? What is non-threatening? Holstered on my hip is non-threatening to me but what about another citizen or LEO? What is "brief"? To me, getting down from my car to pump gas, stop at a 7-Eleven, or into/out of work/home/range/gun store/etc are all "brief" in my definition. Something like 10 or 20 minutes. But what will our fellow citizens...and more importantly LEO's...define as "brief"?
Of course a lot depends on where you live and probably more importantly how far you're willing to challenge the law. Until an AGO is delivered there is no set standard definition of either "brief" or "intentionally displayed in an angry or threatening manner" so am I correct in assuming everything is legal up to the point you are willing to challenge it? I'm not looking to be a test case for the law but should CCW permit holders feel the law has changed nothing and complete 100% coverage of the firearm must be maintained at all times or are there times/instances when a few minutes of display are acceptable?