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Regalado v. State 2009

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
Well **** it. I've got a family to feed and I can't afford to lose my job over my rights at this moment. I guess it'd be best to show the CWL. For some reason I just want to pretend that I live in a free country, the truth is - I don't.

Like ixtow said, it doesn't matter if you're right, cops lie and get away with it. They ARE the law now. I feel that the badge has too much power to give to any fallible human being, but that is the way it is.

Things like this make me wonder, why the hell do we still have, "Land of the free" in our national anthem? Why do we always use the words "freedom" when referring to things American? Isn't the constitution, specifically the bill of rights, the thing that makes us so different from everyone else? What the hell is the point of it seeing as it doesn't even apply to us? Why is supporting and defending the constitution in the oath of enlistment? The oath of political offices? why? /side rant

EDIT: Though I, and others here, complain about our lack of freedoms and rights, it is important to note that we still live in what I believe to be the greatest nation out there. We complain that we have licenses to exercise a right, while many people around the world would only dream of such a thought. I'm not supporting the CWL, but saying, it is better than nothing for now. We must still strive to restore our rights and freedoms at the polls.

Land of the Fee, Home of the Slave...

On a scale of 1 to 10, the USA used to be a 10, and everyone else was a 1 or a 2. Now, the USA is a 3. Still technically "The Best," but not by much...

The outlook is always rosier when the tools of oppression are in your own hands... We've got guns, so that obviously isn't it....

Not trying to rain on your parade, man... Just don't want "they can't do that" to be the words you look back on as you sit in jail... LEOs can and will do anything they feel like, and you have to buy your way out of it. The law is irrelevant unless you can afford to buy it.
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
Just to renew everyone's faith in "the system", kind of, here's a short description of a happening of mine from yesterday.

I was riding the motorcycle, like usual, coming back from the shooting range. Needed to see how a new hold would work for 20 yard double taps.

Anyway, coming back on US 41 a Fort Myers PD car paced up next to me for about a mile or so. He's on my "strong side" so obviously sees the open carried .45 and I'm dressed in shorts, golf shirt and ball cap. Obviously not any type of cop on or off duty.

Here's the big finish.......

Nothing happened. Again.

In fact, I got to "parade" across the vision of FIVE LEO vehicles on the run back to the house with no stops or problems.

As I had no outside indications that I had been at a range, would we consider it a good thing that I was left alone and not pulled over for carrying the weapon?

Could it possibly be that the local PD's are realizing that carrying the gun does not automatically make you a target of a traffic stop?

AD (just doing my part for open carry)
 

Rich7553

Regular Member
Joined
Jan 15, 2010
Messages
515
Location
SWFL
Read the affirmation in US v Montague that Rich posted above. The 11th Circuit seems to think it's perfectly fine to Terry stop because of the presence of a firearm because it's normally illegal to carry a concealed weapon in FL...only about 5% of population is allowed to do so (hold CWFLs).

So now which way do we go? Montague or Regalado/JL??? :mad:

Well, it surely raises the question of since the 11th Circuit used 3rd District precedent in Montague since Montague's conviction occurred there, would they use Regalado as precedent if presented with a similar case from the 4th District? And I wonder why this didn't go the the Florida Supreme Court as a district appellate court split?
 

RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
Not trying to rain on your parade, man... Just don't want "they can't do that" to be the words you look back on as you sit in jail... LEOs can and will do anything they feel like, and you have to buy your way out of it. The law is irrelevant unless you can afford to buy it.
Damn it, I hate it when ixtow spits fire like this.

You're not raining on my parade, you're 100% right. The law doesn't matter when you're sitting in jail with a bag of drugs planted on you and the only thing that can save you is a dash cam video that is conveniently missing/destroyed. I'd like to think ADulay's story restores "faith in the system," but no matter how many law abiding cops are out there it only takes one crooked cop to ruin your life.
 

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
I agree, it's pretty damn cool when all that nothing goes down.

But... It's a novelty. Ride yourself up here and see what happens... Make sure you go through Ocala...

No, seriously. Don't do it.

I can assure you that the next time I ride up to Ocala, and have a reason to open carry, I'll inform you.

I no longer have the apprehension of open carrying that I did at the start of this year.

I am very comfortable with it and continue my daily open carry exercise ever chance that I can, which is most of the day while out on the bike.

Tomorrow is Sunday and there's a local "fun match" going on at the range. Of course I'll be riding down there and back, "open carry" style.

AD
 
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