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Thread: Is a loaded Magazine in plain view legal or illegal?

  1. #1
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    Is a loaded Magazine in plain view legal or illegal?

    Open Carrying a loaded magazine in a pouch legal or illegal?

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    Regular Member 77zach's Avatar
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    Very much legal.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Thank You! i know the question has been ask quite a few time. but it doesn't to bring up once an awhile. a loaded magazine in a pouch is not considered a firearm in florida correct?

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    Thank You! i know the question has been ask quite a few time. but it doesn't to bring up once an awhile. a loaded magazine in a pouch is not considered a firearm in florida correct?

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    Founder's Club Member Jojo712's Avatar
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    Quote Originally Posted by 77zach View Post
    Very much legal.
    Do you know where I'd be able to find that in §790? I certainly think that packing mag clips openly would be very deterrent in nature.

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    Regular Member 77zach's Avatar
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    Quote Originally Posted by Jojo712 View Post
    Do you know where I'd be able to find that in §790? I certainly think that packing mag clips openly would be very deterrent in nature.
    I can't find anywhere that says it's illegal.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Maybe people in Florida should wear pro-open carry T shirts or buttons decalring they are carrying a concealed handgun - that might be the only sort of "open carry" we will have for a while.

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    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by Mike View Post
    Maybe people in Florida should wear pro-open carry T shirts or buttons decalring they are carrying a concealed handgun - that might be the only sort of "open carry" we will have for a while.
    I suggested this early on in the SB234 fight. "Let's wear shirts that say I HAVE A GLOCK AT 4 o CLOCK ON MY WAIST"

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    Campaign Veteran Schlitz's Avatar
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    So this means I don't have to hold my button up shirt over my gun as I walk into a store with the wind blowing? I wear OWB with a button up, and I find myself constantly holding it as I walk from my car to stores as to not let the wind show my gun.

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    Regular Member 77zach's Avatar
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    Quote Originally Posted by Schlitz View Post
    So this means I don't have to hold my button up shirt over my gun as I walk into a store with the wind blowing? I wear OWB with a button up, and I find myself constantly holding it as I walk from my car to stores as to not let the wind show my gun.
    It means whatever you want it to mean. In the Amerikan police state in 2011, what matters is what enforcement drones think it means. At a minimum, briefly implies more than incidental or accidental.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  11. #11
    Regular Member Badger Johnson's Avatar
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    Quote Originally Posted by 77zach View Post
    It means whatever you want it to mean. In the Amerikan police state in 2011, what matters is what enforcement drones think it means. At a minimum, briefly implies more than incidental or accidental.
    One could make a point for wearing an open button up shirt, which might blow up but is down and covers 99% of the time would seem to qualify. After all, 30 seconds to walk into a store?

    But wearing a wide scarf, or a muffler, which only sometimes dangled in front of the HG but mostly was elsewhere would not qualify.

    I'd look for something in the statute about 'intentional or unintentional' display of an accidental nature, (like shirt riding up). If it doesn't cover it, you might get stopper or even arrested, but they couldn't convict you absent other charges, istm. IANAL.

    A 'good' LEO would say 'hey, man, button up your shirt, you're showing'. A not so agreeable one might say 'hey, you're flashing your gun and know it, I'm pulling your permit until you learn to cover up all the time'.

    It's a gamble, I suppose.
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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    One could make a point for wearing an open button up shirt, which might blow up but is down and covers 99% of the time would seem to qualify. After all, 30 seconds to walk into a store?

    But wearing a wide scarf, or a muffler, which only sometimes dangled in front of the HG but mostly was elsewhere would not qualify.

    I'd look for something in the statute about 'intentional or unintentional' display of an accidental nature, (like shirt riding up). If it doesn't cover it, you might get stopper or even arrested, but they couldn't convict you absent other charges, istm. IANAL.

    A 'good' LEO would say 'hey, man, button up your shirt, you're showing'. A not so agreeable one might say 'hey, you're flashing your gun and know it, I'm pulling your permit until you learn to cover up all the time'.

    It's a gamble, I suppose.
    A LEO has no authority to "pull anyone's permit", and violation of either 790.053 or 790.10 does not constitute a felony, therefore in neither case is one's license at risk.

    Love the avatar, by the way. Always had a thing for Mrs. Peel.
    Last edited by Rich7553; 06-18-2011 at 03:45 PM.
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    Founder's Club Member Jojo712's Avatar
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    Quote Originally Posted by Rich7553 View Post
    A LEO has no authority to "pull anyone's permit", and violation of either 790.053 or 790.10 does not constitute a felony, therefore in neither case is one's license at risk.
    So who would volunteer to be our test case?

    The pre-requisites are:

    1. You don't care too much about your firearms license being in jeopardy for a little while (6 months, max)

    2. You've got a gun that you wouldn't mind having in evidence for a bit while the case is ventilated

    3. You've got a shirt that rides a little too high when you sit down and exposes your holster and a tiny piece of your gun while you sit

    4. You've got a nearby Dunkin' Donuts and a friend across the street with a camera, recording (not for legal purposes, but for leverage purposes)

    5. You walk in, plop down, as your shirt rides up order a donut, say hi to the officers and smile: "Good evenin' ladies an' gentlemen. How 'bout those Miami Heat?"

    This can go a thousand ways, and all will go viral immediately. Test cases, anyone? I think this should be a thread of its own.

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    Founder's Club Member Jojo712's Avatar
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    Quote Originally Posted by Mike View Post
    Maybe people in Florida should wear pro-open carry T shirts or buttons decalring they are carrying a concealed handgun - that might be the only sort of "open carry" we will have for a while.
    Something like "proud carrier of a concealed weapon -- proud supporter of OC [no definitions, just OC]-- with a link to Floridacarry or to here." Innocuous but to the point. Maybe a silkscreened 1911 underneath would help get the point across to those in our state who "no speeekie Ingleesh."

    I'd buy it. Make mine OD green.

  15. #15
    Regular Member Mas49.56's Avatar
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    Quote Originally Posted by Jojo712 View Post
    Something like "proud carrier of a concealed weapon -- proud supporter of OC [no definitions, just OC]-- with a link to Floridacarry or to here." Innocuous but to the point. Maybe a silkscreened 1911 underneath would help get the point across to those in our state who "no speeekie Ingleesh."

    I'd buy it. Make mine OD green.
    How about a black shirt with huge white letters of the word "GUN" and a day glow orange arrow pointing to the rt hip.

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    One could make a point for wearing an open button up shirt, which might blow up but is down and covers 99% of the time would seem to qualify. After all, 30 seconds to walk into a store?
    This is what I'm doing now. But it's entirely buttoned. I'm very tall, so it still peeks out now and then. I'm just glad I can carry a real gun now. It'll be tough for LEOs, if called, to find me with their response times. I spend as little time in public as possible. People are gross... Unless I go for a stroll downtown on foot, or park myself at some cafe/coffee shop; I'm never going to have a LEO encounter in regard to my 'brief exposure.' I'd have to go looking for them, which is not on my to-do list.

    Quote Originally Posted by Badger Johnson View Post
    But wearing a wide scarf, or a muffler, which only sometimes dangled in front of the HG but mostly was elsewhere would not qualify.
    We use these so often in Floriduh... ;-)
    Last edited by ixtow; 06-22-2011 at 03:46 AM.
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