Neocons of the Fl Senate kill permitless carry during emergencies

notalawyer said:

No, he's exactly right.


What does that have to do with what Stoogie said or what you quoted?


You skipped this:
I don't see any exceptions for CWFL holders, do you?

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This is the exception

Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

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If a CWFL holder has concealed firearm or weapon on him is it unlawfully or lawfully possessed?

notalawyer said:

Carrying a concealed firearm is illegal in Florida, unless you have a CWFL or are engaged in one of the provisions of 790.25(3): At or going to and from the range, hunting, fishing camping; at home/work; to/from gun shop; etc. it is lawful to carry any firearm concealed (without needing a CWFL) or openly.

Simply going to/from you car (if the car is not on the property of your home) in the average course of life is not covered.

Personally I think any reasonable judge would agree with me that if you can carry at work/home and in your car that it's ridiculous to prohibit getting the firearm form here to there.

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Obviously its against the law for a non CWFL holder to carry a concealed firearm around town. It is legal to just keep it in your car as long as its securely encased. There's no prerequisite to go to the range or hunting ect. If you guys are going to say its illegal to go from the inside of an apartment to your car with a securely encased firearm then wouldn't be illegal to do so on any property you are renting?

Adrich86 said:

Obviously its against the law for a non CWFL holder to carry a concealed firearm around town. It is legal to just keep it in your car as long as its securely encased. There's no prerequisite to go to the range or hunting ect. If you guys are going to say its illegal to go from the inside of an apartment to your car with a securely encased firearm then wouldn't be illegal to do so on any property you are renting?

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Florida courts have ruled that one's home (as mentioned in the statute) is the place you live and the curtilage thereof. Ownership is not the issue. They also ruled that temporary 'homes' include hotel rooms or other temporary dwelling. But not the common areas like hallways and parking lots, breezeways, etc. So inside your apartment os OK as is inside your car. But not on your way from your apartment (in what we consider normal apartment buildings) to your car.

If you rent a house, well then the property (front yard, driveway, etc.) is included in the lease.

Adrich86 said:

This is the exception

If a CWFL holder has concealed firearm or weapon on him is it unlawfully or lawfully possessed?

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The part I highlighted says it's illegal if it is in a public place during a declared local emergency, period. So it's not lawfully carried and so the can take it. But then again, since you are already violating the law, they can arrest you and take it too.

Your CWFL does not supersede this, or any other law unless specifically stated.

This is the exception

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No! That is nothing more than some feel-good, do-nothing words that the legislature put in after Katrina to make it appear that they are doing something for Floridians.

notalawyer said:

The part I highlighted says it's illegal if it is in a public place during a declared local emergency, period. So it's not lawfully carried and so the can take it. But then again, since you are already violating the law, they can arrest you and take it too.

Your CWFL does not supersede this, or any other law unless specifically stated.



No! That is nothing more than some feel-good, do-nothing words that the legislature put in after Katrina to make it appear that they are doing something for Floridians.

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In reality thats all hb 209 is. Assuming you are correct about valid cwfl holders not being able to carry in a state of emergency. As it reads hb 209 only lets you carry a concealed firearm while evacuating not if you happen to get stuck within the jurisdiction where the state of emergency has been declared. The way it is now you can take your guns with you in your car if they're securely encased.

I'm not gonna fight against the bill, because obviously anything pro gun is a step in the right direction.

Law enforcement has been successful through their agents in ruining the senate version of the bill. If you haven't sent your emails from the NRA and Fl Carry, do so now, I don't think it will help though.

Sick, sick, sick people in the officialdom of lawwwrrrr enforcement.


The RINO agents of the giant parasitic tick that is law enforcement in Florida can be seen here with the Yea votes.

https://www.flsenate.gov/Session/Bill/2014/0296/Vote/SenateVote_s0296c3019.PDF


Disappointed in Hays, he's my senator. I'll wait for someone from Fl Carry to comment on the proceedings before I call his office.

77zach said:

Disappointed in Hays, he's my senator. I'll wait for someone from Fl Carry to comment on the proceedings before I call his office.

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The bill is dead, long live the bill. We will be back with it next legislative session. Hays was a surprise to us all and we will be working to make sure he fully understands the bill next year.

Exchange with Mr Hayes

Me:

"I'm just writing to question why you sided with the law enforcement lobby against our gun rights by voting for the nuked version (by senator Latvala) of SB 296. Usually you are solid on gun rights but here you sided with the opponents of freedom. The Florida Sheriff's Association, while giving lip service to the rights of their employers, always fight against those rights. As we saw in 2011 with the open carry bill (to bring Fl in line with the rest of the nation) the FSA even broke the law in their lies to oppose its passage. With SB 296, one of their lobbyists did slip up and admit they view carrying a firearm as a privilege and not a right, but it didn't seem to hurt their cause at all.

I'm always amazed that law enforcement lobbies are given an ear when it comes to the criminal code. Their job is to enforce the law, not decide what the law is. Do our state law makers not understand that government lobbies will always seek to enhance their power?"

Him:

"Sir I voted in favor of the amendment at the personal request of one sheriff whom I respect a lot. The amendment passed with an 8 vote margin so if I had voted the other way, it would have not changed the outcome.

As far as I know this is the first time in ten years I have voted in a way not approved by the NRA. If that one vote makes me a poor legislator, then so be it.

I'd encourage others to look at all the other votes and bills and amendments I have sponsored for the NRA to determine if I'm a friend or foe."

ME:

"Thank you for your reply,

One bad vote does not a bad legislator make! In fact, with you and Mr Baxley as my reps I've always content. But it does make this particular vote a bad one. You do not represent a particular government employee and I do think you do have a responsibility to defend the rights of your constituents.

Again, law enforcement does not have the rights of the people in mind. They have in mind whatever increases their power, influence, and convenience. The right to bear arms diminishes that power, influence, but not their convenience. Everyone know that gun laws have no influence on the criminal element, they do however inconvenience the law abiding. "

77zach said:

Him: "Sir I voted in favor of the amendment at the personal request of one sheriff whom I respect a lot. The amendment passed with an 8 vote margin so if I had voted the other way, it would have not changed the outcome.

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He better vote how the Sheriff tells him. That Sheriff knows where he and his family sleep. Look what happened to Jessica Lundsford over a $500 meth lab "fee."