This is brought up here and there throughout the forums, but I wanted to talk more about it.
(if you've never heard of this you can read about it here http://scholar.google.com/scholar_c...60411591&q=790.053&hl=en&as_sdt=4,10&as_vis=1)
I'm curious about how others feel about how they'd respond to being stopped by the police for carrying concealed but obviously carrying.
If stopped by a police officer for your obvious bulge from your OWB holster, will YOU comply with 790.06? Or will you inform the police officer of your 4th Amendment rights and how the District Court of Appeal of Florida held that stopping you solely based off of possession of a firearm violates the 4th?
Also, with the holdings in the majority opinion of the Regalado case I feel that with the new briefly display law a police officer could see for himself a gun briefly show its muzzle under your shirt line and not be able to stop you based off of that. Am I wrong here?
I think personally if I was with my family and didn't feel like dealing with any bull crap I would just show the license and let the cop know how he has done his part to shred the constitution, but if I was alone with time to kill I'd probably refuse.
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On this note, last week a friend of mine told me he was out with another one of his armed guard friends. The friend has a valid CWL and was carrying in his duty holster, bulging under his shirt BIG TIME - yet still the firearm was removed the ordinary sight IAW 790.001 subsection (2). A police officer stopped them and demanded to see a CWL. The friend first refused. At this point the cop (who I am told was being a you know what) threatened them with arrest and threatened to confiscate the license. (I found this odd seeing as 790.06 considers failing to display a CWL upon demand by a LEO a noncriminal violation with a penalty of $25.) Out of fear of being arrested and possibly losing his job over what may come if it the friend caved in and provided his CWL.
Just wanted to share that situation with you to analyze. I know it's not a lot of detail, but I heard it second hand. I was called up soon after it happened because, amongst my friends, I'm known to live on these forums and know a little bit about FL laws regarding firearms.
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My main reason for this thread is because I carry OWB a lot, when the wind blows my shirt my gun is visible (briefly displayed), and I wear certain shirts that let the muzzle become visible under my shirt line when I move different ways. I plan on exercising my rights as held in Regalado v. State if stopped by a LEO and I just want to make sure I'm in the right. A second, third, fourth set of eyes on my opinion would be great. If you see something in my way of thinking that is just way off, LET ME KNOW!
(if you've never heard of this you can read about it here http://scholar.google.com/scholar_c...60411591&q=790.053&hl=en&as_sdt=4,10&as_vis=1)
I'm curious about how others feel about how they'd respond to being stopped by the police for carrying concealed but obviously carrying.
If stopped by a police officer for your obvious bulge from your OWB holster, will YOU comply with 790.06? Or will you inform the police officer of your 4th Amendment rights and how the District Court of Appeal of Florida held that stopping you solely based off of possession of a firearm violates the 4th?
790.06
(1)....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.
Also, with the holdings in the majority opinion of the Regalado case I feel that with the new briefly display law a police officer could see for himself a gun briefly show its muzzle under your shirt line and not be able to stop you based off of that. Am I wrong here?
I think personally if I was with my family and didn't feel like dealing with any bull crap I would just show the license and let the cop know how he has done his part to shred the constitution, but if I was alone with time to kill I'd probably refuse.
------------------------------
On this note, last week a friend of mine told me he was out with another one of his armed guard friends. The friend has a valid CWL and was carrying in his duty holster, bulging under his shirt BIG TIME - yet still the firearm was removed the ordinary sight IAW 790.001 subsection (2). A police officer stopped them and demanded to see a CWL. The friend first refused. At this point the cop (who I am told was being a you know what) threatened them with arrest and threatened to confiscate the license. (I found this odd seeing as 790.06 considers failing to display a CWL upon demand by a LEO a noncriminal violation with a penalty of $25.) Out of fear of being arrested and possibly losing his job over what may come if it the friend caved in and provided his CWL.
Just wanted to share that situation with you to analyze. I know it's not a lot of detail, but I heard it second hand. I was called up soon after it happened because, amongst my friends, I'm known to live on these forums and know a little bit about FL laws regarding firearms.
------------------------------
My main reason for this thread is because I carry OWB a lot, when the wind blows my shirt my gun is visible (briefly displayed), and I wear certain shirts that let the muzzle become visible under my shirt line when I move different ways. I plan on exercising my rights as held in Regalado v. State if stopped by a LEO and I just want to make sure I'm in the right. A second, third, fourth set of eyes on my opinion would be great. If you see something in my way of thinking that is just way off, LET ME KNOW!