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Thread: does this make sense...?

  1. #1
    Regular Member hammer6's Avatar
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    does this make sense...?

    well, i was in new mexico playing minor league baseball, but i got injured in a collision at home plate....had surgery, and now i'm back in florida. i've been doing a lot of thinking over the past two weeks, and something popped into my head. so i went and found the new statute just to check. here's what i'm thinking:

    the new statute is this:
    790.053 Open carrying of weapons.—
    31 (1) Except as otherwise provided by law and in subsection
    32 (2), it is unlawful for any person to openly carry on or about
    33 his or her person any firearm or electric weapon or device. It
    34 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.


    so, technically, if i was in my house, and i put my gun on, and didn't conceal it, and i walked out of my house, onto the sidewalk, and started walking down the street OCing saying it was brief, i'd be in violation. BECAUSE- i did not start off carrying concealed. NOW. secondly. if i were to do that all over, but was CCing, and as i was walking down the sidewalk i decided to do brief OC, i would be fine, since i started out by CCing. OKAY- here's my third and major point. WHERE in this little text right here does it say we have to cover our gun back up??? as far as i'm concerned, it only says we are not allowed to start off OCing- we must start off CCing, and then go to OC.

    am i making any sense? (i don't know if this idea has been floating around or not- i haven't been on the site recently due to being hospitalized for 7 days...)


    the statute doesn't tell us we must go back to CC....it just tells us we can't start out OCing. we have to go from CC to OC.




    thoughts????

    ps- if anyone wants to see pics of my bones/scars lemme know
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  2. #2
    Regular Member 77zach's Avatar
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    I'm not sure I follow you. It just comes down to what briefly means, again. Briefly takes care of concealing it again. As far as first carrying in a concealed manner before displaying it, that part is unenforceable because no observer can know for sure when it was displayed. It could have been displayed right before they noticed it. Another curious thing for me is the tension between the words "briefly" and "display". You briefly expose. Display implies willfulness and long duration. Also, the prohibited places section now says you can't open carry in those places either. Very strange.

    Regardless, as long as "briefly and" is in there, it will be interpreted as banning true OC. No way around it. The only good thing about the law is that I think striking briefly could be done by amendment to another gun bill at any time during the future session, thus avoiding some negative publicity by the retailers and others.
    “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.

  3. #3
    Regular Member ADulay's Avatar
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    Quote Originally Posted by 77zach View Post
    The only good thing about the law is that I think striking briefly could be done by amendment to another gun bill at any time during the future session, thus avoiding some negative publicity by the retailers and others.
    That's a very good angle to work on I think.

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  4. #4
    Regular Member hammer6's Avatar
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    Quote Originally Posted by 77zach View Post
    I'm not sure I follow you. It just comes down to what briefly means, again. Briefly takes care of concealing it again. As far as first carrying in a concealed manner before displaying it, that part is unenforceable because no observer can know for sure when it was displayed. It could have been displayed right before they noticed it. Another curious thing for me is the tension between the words "briefly" and "display". You briefly expose. Display implies willfulness and long duration. Also, the prohibited places section now says you can't open carry in those places either. Very strange.

    Regardless, as long as "briefly and" is in there, it will be interpreted as banning true OC. No way around it. The only good thing about the law is that I think striking briefly could be done by amendment to another gun bill at any time during the future session, thus avoiding some negative publicity by the retailers and others.
    my point is- the statute bans open carry. if that's what you are doing. but it doesn't ban conceal carry THEN open carry. i understand briefly is in there, but there is specific wording that disallows open carry first off.

    if i go out for the day CCing, and then OC, that means some of my day was spent "briefly" open carrying...since i started CCing..
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  5. #5
    Founder's Club Member ixtow's Avatar
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    I'd like to pick a nit

    I put on pants this morning (to everyone's relief) before I went out in public. I didn't 'display' my pants. Sure, they were seen, but they were not "displayed."

    I don't think that "display" is the proper term. It gives the impression that we're sticking out there in someone's face, which is not at all what we want or are doing. A billboard is a 'display.'

    "Became visible" is more accurate. We shouldn't use the anti's own propaganda when discussing it.

    When my gun 'becomes visible,' it isn't becasue I'm shoving it in anyone's face. That is what "display" implies, like I'm putting on a show or making a scene. I'm not doing that. It's merely "visible." So what? I'm not showing it off, even if I were plain OCing. That's not the point or purpose. "Displaying" is NOT the same as merely "being visible."

    "Displaying" is done with intent and in a manner meant to make others see. When I OC, I could care less if anyone sees it. It's safer, more honest, and more convenient than CC. Further, if I were "Displaying" it I could find far better ways to make it seen than sitting in my holster. A visible gun in a holster is not being "displayed." It's just there...
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  6. #6
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    It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

    Not sure I follow you, but I do see something that has not been discussed.

    The passage is not written to cover unintentional displays of firearms.

    Look at what it says, it doesn't say unintentional displays, what is says it to openly display the gun in a non threatening manner - briefly.

    If I were walking on the street, and saw someone I knew and they asked me what I was carrying... I could pull up my shirt and show it to him. But here is a question... could I pull it out of the holster and show it to him? It would certainly be displaying it briefly.

  7. #7
    Founder's Club Member ixtow's Avatar
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    It is a sloppy law written by a failed lawyer who's only real intent is to strip away the precedent which already stood with the previous law, and provide so much ambiguity that LEOs can do whatever they want.

    She got her way, becasue that's exactly what every Legislator in Floriduh wants. A way to arrest anyone with a gun, even if they have a permit.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
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    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  8. #8
    Regular Member hammer6's Avatar
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    Quote Originally Posted by GIdeon_70 View Post
    It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

    Not sure I follow you, but I do see something that has not been discussed.

    The passage is not written to cover unintentional displays of firearms.

    Look at what it says, it doesn't say unintentional displays, what is says it to openly display the gun in a non threatening manner - briefly.

    If I were walking on the street, and saw someone I knew and they asked me what I was carrying... I could pull up my shirt and show it to him. But here is a question... could I pull it out of the holster and show it to him? It would certainly be displaying it briefly.


    that was my point! lol. you DO get it. the wording of the law makes it okay for me to INTENTIONALLY display my firearm. it doesn't say anything about "by accident". i have to be concealed FIRST though...
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