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Thread: I was charged with open carry

  1. #1
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    I was charged with open carry

    Hi I'm new here names hueris 23 from Miami fl.

    Some one decided 2 let of a few rounds into the air about half a block from where I was, as I was geting in my car a cop pulls up behind me lights on. in my minde I figer ok he is coming cuz some one was shoting and I have my firearm on me so I stand up I put my hands up and tell the cop I'm armd he tells me 2 walk 2 his car unarmed me and puts me in hand cufs. At this point I'm asking him why is he handcuffing me he tells me 2 shut up and is asking me in a angry maner why do I have a gun, I tell him I have a lices 2 Carry.he dose not Wana here it he arrested me 4 firing my wepon.

    After spending a night In lock up wating 4 pre trial my charges where changed 2 open Cary cuz the cop wrote on the report that when he puld up he noticed a gun on my waist band.now the only resion he saw my gun was because I put my hands up wich exposed my gun. Now i mite lose my wepon just cuz I put my hands up.

    Dose any one know a cheap lawyer that. Can Hellp me wih this cas



    Ps sorry 4 the bad gramer I'm writing this with an iPhone.

  2. #2
    Activist Member carsontech's Avatar
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    If I'm correct, this happened around Aug. 25.

    Sorry to hear about that, especially since "brief" exposure of a concealed handgun is suppose to be ok in Florida now. Keep your head up and lawyer up.

    I think you might have found yourself as a test case for the meaning of "brief". I am not sure who to point you to, but there are many on here who can. In the mean time, I wouldn't give too many more details out until your attorney gives you the ok, if you can find one.

    Also, your mugshot and arrest information is on bustedmugshots.com., and a "snapshot" of data on your booking by Miami-Dade County is located on jailbase.com. I'm not sure how you feel about that type of information beign out there, but if I were you, I would be contacting those two sites to see if I can get your information taken down. Potential employers, and the like, may search those sites and misinterpret them. Even if you "win the case", the info on your arrest will stay on those sites. Most employers wont care if you were charged and not convicted, they associate arrest with trouble. They may just throw away your resume after they see you on those sites.

    I hope someone is able to help you out here. This is going to be interesting to follow.
    Last edited by carsontech; 11-17-2011 at 05:35 AM.

  3. #3
    Activist Member carsontech's Avatar
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    For those wondering, this guy seems legit, not a troll. I found his court case info and all that jazz.

    Hueris, if you need financial help concerning this case, and then going after "them" for wrongful arrest in the future, if you decide to do so:
    Try to attend some of the meets that go on around were you live. I'm sure the Florida Carry group has some meetings/activities coming up. If they get to know you, they could vouch for you and start a donation pool for lawyer fees and what not.
    Last edited by carsontech; 11-17-2011 at 05:33 AM.

  4. #4
    Founder's Club Member ixtow's Avatar
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    So far, you're a one post wonder, so expect some skepticism until more information comes up.

    If your story is true (I'm not calling you a liar, sometimes people leave things out when they're stressed), you should not be in any kind of trouble. You will, of course, have to prove your innocence.

    Even if brief exposure weren't legal. When a LEO points his gun at you and tells you to break the law, and you do so, well, that is one huge can of worms that falls on the LEO. You may have to give it a little time for responses, but legal help will be found.

    FloridaCarry will be all over this. They're just not awake right now. FOIA that dash cam. Hopefully it shows the cop lying about the gun being exposed. This is one of the major problems with CC. Once the Cops know you have your gun concealed, he can just lie. Make up a story about having seen it sooner. Nothing you can do unless you have evidence to prove your innocence. Anti-gun Traitor LEOs have made an unwritten policy of this. It is one of the best reasons for Open Carry to be legalized, and proof that any time Authority is fabricated, it will extended with lies and abuse. Turning 'bear arms' into a privilege enables this aggression upon citizens with no recourse. The idea of "Innocent until proven guilty" disappears when it is made this easy to breach the trust.

    Were you on your own property when you were getting into the car? If you were, then OC on your own property, which is also your home, is perfectly legal...

    Don't answer questions on the forum right now. Just answer in your head and tell your lawyer about it.

    We got your back.
    Last edited by ixtow; 11-17-2011 at 05:55 AM.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
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  5. #5
    Regular Member Rich7553's Avatar
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    I've forwarded Sean a link to this post. We'll discuss it with our legal team and advise from there.
    Rich
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  6. #6
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    If the actual case, could get interesting.

    Couple questions though, to clear some things up that immediately jump out at me- and would if I were on a grand jury or jury,as well. Perhaps you can fill in some blanks?

    1) How long between the fired shots, and your going to your car?
    1a) How long between the fired shots and the arrival of the police at your location?

    2) Why did the cop come to , specifically, your location, in the 1st place? Where there any previous firearms-related incidents at your place? Any past run-ins with neighbors for them to even know you are CC?

    3)Why/How would the cop even know you had a pistol unless/until you told him so, or exposed your sidearm?

    There's some holes in this that just dont add up. I find it a bit much that a cop is going to come straight to one particular guy walking out to his car, and single him out as a potential shooter, without some kind of reason..

    And, on top of it all, just "discharging" an arm isnt grounds enough to come at someone anymore, unless I totally mis-read that statute on State vs. local ordinances? Help me out here, guys. Heck if cops came out here every time a gun went off, they'd need to establish a permanent outpost here. I've my own range in my back yard,for crying out loud..
    Last edited by j4l; 11-17-2011 at 08:13 AM.

  7. #7
    Campaign Veteran StogieC's Avatar
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    "el rompe toto" please PM your phone number to Rich or Me. Or email it to me: sean@floridacarry.org
    Last edited by StogieC; 11-17-2011 at 10:23 AM.

  8. #8
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by j4l View Post
    And, on top of it all, just "discharging" an arm isnt grounds enough to come at someone anymore, unless I totally mis-read that statute on State vs. local ordinances? Help me out here, guys. Heck if cops came out here every time a gun went off, they'd need to establish a permanent outpost here. I've my own range in my back yard,for crying out loud..
    Firing rounds that cross any street or over any occupied premises is illegal, if you shoot in to the air you will be arrested.
    Indiscriminate fire is also an arrestable offence called culpable negligence.

    790.15 Discharging firearm in public.—(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry.
    (2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.
    (3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    784.05 Culpable negligence.—(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    (2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

  9. #9
    Regular Member MilProGuy's Avatar
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    el rompe toto:

    What you described could have happened to any one of us, in any city in our nation.

    If the police cannot produce eyewitnesses who will testify that they actually saw you fire your handgun, and there is no GSR on your gun or person, it seems they will have a hard time proving their case against you.

    I wish you the best possible outcome in this unfortunate mess that you find yourself in.
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  10. #10
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by MilProGuy View Post
    el rompe toto:

    What you described could have happened to any one of us, in any city in our nation.

    If the police cannot produce eyewitnesses who will testify that they actually saw you fire your handgun, and there is no GSR on your gun or person, it seems they will have a hard time proving their case against you.

    I wish you the best possible outcome in this unfortunate mess that you find yourself in.
    Hi is not charged with public discharge. He is charged with open carry.

  11. #11
    Regular Member 77zach's Avatar
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    @ el rompe.

    Worst case scenario you get should easily get this charge dropped as "brief" exposure is legal. Best case scenario, you really help the OC movement in Florida.
    “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.

  12. #12
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by 77zach View Post
    @ el rompe.

    Worst case scenario you get should easily get this charge dropped as "brief" exposure is legal. Best case scenario, you really help the OC movement in Florida.
    It looks like this case has been going on since August and the State Attorney is prosecuting it.

  13. #13
    Regular Member ADulay's Avatar
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    Quote Originally Posted by StogieC View Post
    It looks like this case has been going on since August and the State Attorney is prosecuting it.
    This case is four months old? And the SA is prosecuting?

    There's obviously something more here that we're missing.

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  14. #14
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by el rompe toto View Post
    Hi I'm new here names hueris 23 from Miami fl.

    ...he arrested me 4 firing my wepon.
    I based my comments on what the gentleman said in his post.
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  15. #15
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by StogieC View Post
    Hi is not charged with public discharge. He is charged with open carry.
    See above post.
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  16. #16
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by MilProGuy View Post
    See above post.
    Arrested for discharge, yes. Charged for it, no.

  17. #17
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by StogieC View Post
    Arrested for discharge, yes. Charged for it, no.
    D'oh!

    I stand corrected.

    Thank you.
    Proud Veteran ~ U.S. Army / Army Reserve

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  18. #18
    Regular Member hammer6's Avatar
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    why did he put his hands up when the cop got there? why did he tell him he was armed? why did he do what he did?
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  19. #19
    Regular Member carry for myself's Avatar
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    Quote Originally Posted by hammer6 View Post
    why did he put his hands up when the cop got there? why did he tell him he was armed? why did he do what he did?
    that's an easy answer.

    if I were OC....and heard gunshots. and immediately saw a cop pull up behind me......and quickly exit his patrol car. i would put my hands up too........as far as the cops knows and thinks. * shots fired. guy with gun.....guy shooting gun.....shoot guy with gun* lol

    sounds like the OP was in the WRONG PLACE at the WRONG TIME. I say lawyer up.........hopefully he cleans his gun regularly *if not there will be GSR on the gun* and hopefully the cops dash-cam recorded the officer pulling up and the OP exiting his home? or somewhere other than the vicinity of the shots fired. this will get interesting and i hope the OP comes out on top.
    i would rather run out of blood, breath and life. and die fighting. than run out of ammo , and die with my pants down -Tom Scantas

  20. #20
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    Quote Originally Posted by carry for myself View Post
    that's an easy answer.

    if I were OC....and heard gunshots. and immediately saw a cop pull up behind me......and quickly exit his patrol car. i would put my hands up too........as far as the cops knows and thinks. * shots fired. guy with gun.....guy shooting gun.....shoot guy with gun* lol
    .
    You'd be surprised as just how difficult that concept is for some to grasp. Specifically, the underlined part. Some people seem to think that the cops should completely ignore a guy openly displaying a gun in the vicinity of an unknown shooting scene simply because they claim they didn't do anything wrong. I guess all these bad guys in prison are doing it wrong. They should have said "I didn't do it." when the cops showed up I suppose.

  21. #21
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by el rompe toto View Post
    now the only resion he saw my gun was because I put my hands up wich exposed my gun. Now i mite lose my wepon just cuz I put my hands up.
    read the entire post guys
    Last edited by Schlitz; 11-18-2011 at 07:09 PM.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  22. #22
    Campaign Veteran ComradeV's Avatar
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    Lawyers

    I hope he found himself adequate legal defence; the system generally seems poised to prey upon the weak who cannot afford competent legal advisers.

  23. #23
    Regular Member Rich7553's Avatar
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    Folks -

    The OP has been advised by Florida Carry counsel not to comment on the case any longer. Please try to refrain from speculation. Thank you.
    Rich
    MSgt, USAF Ret.
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    Florida Carry, Inc.
    www.floridacarry.org
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  24. #24
    Regular Member ADulay's Avatar
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    If one of the mods here has the appropriate powers, perhaps they should just "close" or "lock" this thread for the time being.

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  25. #25
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ADulay View Post
    If one of the mods here has the appropriate powers, perhaps they should just "close" or "lock" this thread for the time being.

    AD
    No reason to lock the thread. The OP has council and I'm sure will not go contrary to instructions from same.

    No one else has direct knowledge of what happened. We just need to be patient and stand by.
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