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I was charged with open carry
- Thread starter el rompe toto
- Start date
ComradeV
Campaign Veteran
I hope whatever practical is done to make sure that the officers of Florida know they can't intimidate the citizens and visitors of Florida who lawfully carry firearms.
Last edited:
rvrctyrngr
Regular Member
Congrats to you and el rompe toto, Jojo.
When Rich called to tell me yesterday, I informed him it was the best news I had received in quite a while.
Terrific effort by all of those involved! :banana:
Now go sue the pants off of them!!!!! :lol:
el rompe toto
Regular Member
i know 3 leo came 2 the seen and they ask me why i carry a firearm. the way they ask me was like if it was wrong 2 own a fire arm. one of the leo look at me and said wow ur 23 and never bin arrested, and the leo was really surprised.
el rompe toto
Regular Member
i will be talking 2 jo jo soon about that
carsontech
Activist Member
Congratulations! I'm very happy for you!
Otaku201
New member
I'm glad to hear this ended well.
Ironside
Regular Member
PM sent
hook me up too!!!
Mas49.56
Regular Member
Congrats!:banana:
Great job to those involved!
Great job to those involved!
SGB
Regular Member
Congrats
el rompe toto
Regular Member
Thanks
el rompe toto
Regular Member
When Hueris "el rompe toto" Mora came to us, we did what we always do when contacted by someone who is facing charges. We set about researching the charges and circumstances of the incident. Florida Carry only gets involved in these cases when good people face unjust charges because they choose to lawfully carry defensive arms.
In his case, it was immediately apparent that continuing prosecution by the office of Katherine Fernandez Rundle, Miami-Dade State Attorney, for violation of Florida's Open Carry Ban was unjustified at best. Our consulting attorneys statewide were in unanimous concurrence that prosecution of this case, despite the ambiguous language of 790.053, was completely baseless. The Miami-Dade State Attorney's Office must have also known that they were in an untenable position because they quickly offered to take the possibility of jail time off the table.
Removing the possibility of imprisonment was not an olive branch offered in the interest of justice, it was in fact a Trojan Horse. This underhanded move was their only way to keep prosecuting the case because it had the calculated effect of taking away Mr. Mora's public defender. Once the Assistant State Attorney prosecuting the case had effectively maneuvered to deprive Mr. Mora of legal counsel, an offer was made. An offer so common in Florida that it is considered the standard plea deal... "You can retake the concealed course to get your license to carry back but kiss your gun goodbye."
Hueris knew he was getting the shaft despite having done nothing wrong, so he did what nobody before in Florida (that we know of) had done. He didn't sign the deal. This was a brave decision made despite having no legal help at that time.
Florida Carry has consulting attorneys who do countless hours of pro bono work behalf of our members. Unfortunately, at that time we did not have a criminal defense attorney in Mr. Mora's area. That's when we reached out to Jesus "Jojo" Rodriguez. He didn't blink. Pro bono defense of a truly worthy young man who needs our help? "Absolutely!" was Jojo's immediate response. Our other attorneys and legal interns rallied together to provide support and Jojo drove this case home. The charge of violating Florida's Open Carry Ban was dismissed with prejudice. We finally won this fight that deprived Mr. Mora of his handgun for nearly six months.
Last year, when 2011 SB 234 was debated in the State Legislature, our elected leaders were told about law abiding gun owners being arrested and thrown in jail for even accidental or incidental exposure of lawfully carried firearms. The State Prosecuting Attorneys lobbyist repeatedly said that "Nobody has ever been prosecuted for open carry." The fact is that nobody ever went all the way to trial. Many have been prosecuted; this was a case where a good man fought back. If this doesn't meet some lobbyist definition of prosecution, we recommend a new dictionary.
Judge the case docket for yourself: http://www2.miami-dadeclerk.com/cjis/CasePrinter.aspx?case=M11038033
It sure looks like prosecution to us.
The Florida Sheriff's Association sent multiple lobbyists in uniform who said that law enforcement officers will use their "proper discretionary powers" and would never arrest someone for carrying a handgun if it became innocently unconcealed. Yet there is a 25 year history of some officers using subjective language in firearms laws to unreasonably arrest law abiding people who choose to exercise their right to bear arms. In one such case, a man lawfully carrying was permanently injured when handcuffs were put on him with such force that nerves in both wrists were severed. All because part of his handgun became unconcealed.
Early last year, Florida's Open Carry Ban was amended to insert the subjective language asked for by the Florida Sheriffs and State Prosecuting Attorneys Lobbyist. This compromised language came with their promise that these incidents would stop. Subsequently Mr. Mora had to spend a night deprived of his freedom in jail and half a year fighting for his rights. Every month we are contacted by other law-abiding people who have been confronted, detained, and threatened with arrest because they were lawfully carrying a firearm in Florida and it “printed” through clothing or became unconcealed.
They have broken their promise and we now call on the Florida Legislature to repeal one of the most anti-gun laws in the country. Despite the Florida Legislature’s clear intent that people who have lawfully carried handguns, which may become innocently unconcealed, face no charges. As long as the general ban on open carry exists, these arrests and prosecutions will continue unabated. Florida Statute 790.053 is Florida's very unusual open carry ban, it was a knee jerk reaction when passed in 1987 and it is long overdue for repeal.
In his case, it was immediately apparent that continuing prosecution by the office of Katherine Fernandez Rundle, Miami-Dade State Attorney, for violation of Florida's Open Carry Ban was unjustified at best. Our consulting attorneys statewide were in unanimous concurrence that prosecution of this case, despite the ambiguous language of 790.053, was completely baseless. The Miami-Dade State Attorney's Office must have also known that they were in an untenable position because they quickly offered to take the possibility of jail time off the table.
Removing the possibility of imprisonment was not an olive branch offered in the interest of justice, it was in fact a Trojan Horse. This underhanded move was their only way to keep prosecuting the case because it had the calculated effect of taking away Mr. Mora's public defender. Once the Assistant State Attorney prosecuting the case had effectively maneuvered to deprive Mr. Mora of legal counsel, an offer was made. An offer so common in Florida that it is considered the standard plea deal... "You can retake the concealed course to get your license to carry back but kiss your gun goodbye."
Hueris knew he was getting the shaft despite having done nothing wrong, so he did what nobody before in Florida (that we know of) had done. He didn't sign the deal. This was a brave decision made despite having no legal help at that time.
Florida Carry has consulting attorneys who do countless hours of pro bono work behalf of our members. Unfortunately, at that time we did not have a criminal defense attorney in Mr. Mora's area. That's when we reached out to Jesus "Jojo" Rodriguez. He didn't blink. Pro bono defense of a truly worthy young man who needs our help? "Absolutely!" was Jojo's immediate response. Our other attorneys and legal interns rallied together to provide support and Jojo drove this case home. The charge of violating Florida's Open Carry Ban was dismissed with prejudice. We finally won this fight that deprived Mr. Mora of his handgun for nearly six months.
Last year, when 2011 SB 234 was debated in the State Legislature, our elected leaders were told about law abiding gun owners being arrested and thrown in jail for even accidental or incidental exposure of lawfully carried firearms. The State Prosecuting Attorneys lobbyist repeatedly said that "Nobody has ever been prosecuted for open carry." The fact is that nobody ever went all the way to trial. Many have been prosecuted; this was a case where a good man fought back. If this doesn't meet some lobbyist definition of prosecution, we recommend a new dictionary.
Judge the case docket for yourself: http://www2.miami-dadeclerk.com/cjis/CasePrinter.aspx?case=M11038033
It sure looks like prosecution to us.
The Florida Sheriff's Association sent multiple lobbyists in uniform who said that law enforcement officers will use their "proper discretionary powers" and would never arrest someone for carrying a handgun if it became innocently unconcealed. Yet there is a 25 year history of some officers using subjective language in firearms laws to unreasonably arrest law abiding people who choose to exercise their right to bear arms. In one such case, a man lawfully carrying was permanently injured when handcuffs were put on him with such force that nerves in both wrists were severed. All because part of his handgun became unconcealed.
Early last year, Florida's Open Carry Ban was amended to insert the subjective language asked for by the Florida Sheriffs and State Prosecuting Attorneys Lobbyist. This compromised language came with their promise that these incidents would stop. Subsequently Mr. Mora had to spend a night deprived of his freedom in jail and half a year fighting for his rights. Every month we are contacted by other law-abiding people who have been confronted, detained, and threatened with arrest because they were lawfully carrying a firearm in Florida and it “printed” through clothing or became unconcealed.
They have broken their promise and we now call on the Florida Legislature to repeal one of the most anti-gun laws in the country. Despite the Florida Legislature’s clear intent that people who have lawfully carried handguns, which may become innocently unconcealed, face no charges. As long as the general ban on open carry exists, these arrests and prosecutions will continue unabated. Florida Statute 790.053 is Florida's very unusual open carry ban, it was a knee jerk reaction when passed in 1987 and it is long overdue for repeal.
Last edited:
mavidal
Regular Member
JoJo:
Thanks for defending our freedoms with this case. It is much appreciated.
Mike V.
Thanks for defending our freedoms with this case. It is much appreciated.
Mike V.
ADulay
Regular Member
A very nice job and a hearty well done to all involved.
AD
AD
Jake8x7
Activist Member
It is people like this innocent gentleman who decide that fighting for their unalienable rights is more important than sentence reduction that force the unconstitutional legislation to change for the better. Thank you for your service.
Jake8x7
Jake8x7
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WCrawford
Regular Member
If that wasn't a press release, it should be!