Hmmm.. Florida law now allows for "inadvertent exposure".

Discussion in 'The Constitutional & RKBA Forum' started by Gun-School.com, Sep 6, 2011.

  1. Gun-School.com

    Gun-School.com New Member

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    Please be advised that as of October 1st, 2011, Chapter 790 FS will be updated to allow inadvertent exposure of a concealed weapon, WITH EXCEPTIONS..

    Specifically:
    http://laws.flrules.org/files/Ch_2011-145.pdf

    Once the new law takes effect on October 1st, you will be able to view it in its entirety here:
    http://www.flsenate.gov/Laws/Statutes/2010/Chapter790


    When is a gun concealed?
    By: Ryan Buffa, St Augustine Record
    Original Post: August 7, 2011

    A Florida law that goes into effect in two months expands the rights of gun-toters, allowing them to carry a concealed firearm that might be exposed to the ordinary sight of another person.

    Senate Bill 234, which eases the restriction on carrying a concealed weapon, has sparked considerable debate in communities across the state over public safety issues. But police officials in St. Augustine say there's no cause for anxiety.

    Public Information Officer Mark Samson of St. Augustine Police Department said, "I don't really have any serious concern about it (the new law)."

    This law that goes into effect Oct. 1 modifies a provision of the existing firearm statute that prohibits openly carrying a firearm.

    Sgt. Chuck Mulligan, public information officer with the St. Johns County Sheriff's Office said, "The legislation is obviously crafted from the concerns of the public."

    The Open Carry law says if a person displays a firearm in an angry or threatening manner for reasons other than self-defense, it would be considered a violation and would be charged as a second-degree misdemeanor.

    "If the wind blew open a man's jacket and exposed a gun and someone reported it," Samson said, "the man would not be doing anything illegal."

    The language of the bill has essentially been revised to allow for accidents, such as the one in Samson's example.

    The law also allows registered firearm owners to have weapons in their cars. In addition, it clarifies that Florida residents "can lawfully purchase, trade, or transfer a rifle or shotgun into another state."

    However, those have been limited to states that are "contiguous to Florida."

    The law specifies that a previous section of law that defines where weapons are not allowed has not been modified.

    Firearms are still not allowed on school property, career centers, bars, college or university property, any place of nuisance (a drug house, for example), police stations, jail and court.

    However, the language of the new law has been modified to say, "Nothing in this section would preclude a judge from carrying a concealed weapon or determine who will carry a concealed weapon in his or her courtroom."

    This is to enforce the "no weapon" policy in the courthouse while allowing judges to protect themselves.

    Private businesses are allowed to decide if they approve guns inside or not. The restrictions on where guns cannot be carried remain mostly the same. But the law does provide that guns are now allowed at parks and town halls, according to The Miami Herald.

    Although allowed in town halls, the law prohibits firearms to be carried in a county commission or school board meeting within the town hall in order to avoid gun use in a hostile situation.

    "Really what this does is realign the dos and don'ts of carrying a concealed weapon," Samson said. "It's kind of like changing the oil in your car. ... The statute just needed to be updated."

    According to Mulligan, "The statute appears to require less law enforcement except where it's prohibited," meaning that officers will only need to enforce open carry laws in prohibited areas, whereas everywhere else has become an open range to carry firearms.

    Local officials have to repeal local restrictions on gun ownership. Those who fail to comply with the new law will be fined, according to Diana Dmoskovitz of The Miami Herald. The initial bill suggested setting the fine for noncompliance as high as $5 million. The final bill lowered the fine to $5,000.

    Officials and officers who fail to comply with the new law also may be punished by registered firearm carriers, who will be able to sue for damages if they believe their rights have been violated.

    Since this law was passed, the only restrictions on concealed weapons are those approved by the state Legislature.

    "It's the law, and we are the instruments of the policy makers," Mulligan said. "So if that's what legislation said, then we must follow through."

    Marion Hammer, a longtime National Rifle Association lobbyist, said, "You're not going to have every Tom, Dick and Harry carrying a firearm on their person up and down the streets and into buildings because it's a felony."

    But once this law is enacted, that will only be a felony if the person does not have a license to carry a concealed weapon.

    "Close to a million people in the state are licensed to carry concealed (firearms)," Hammer said.

    The concerns of millions of Florida residents about the bill vary in different areas in the state and remain divided -- as the debate has been for some time.

    Opinions of the new open carrying law also vary depending upon the size of the city.

    Vice Mayor of Miami Gardens Aaron Campbell said, "This probably passed because of someone from the NRA, someone who doesn't care about urban conditions."

    "It's sad a piece of legislation can be passed like this," Campbell said.

    Archived 08/08/2011: http://gun-school.com/tek9.asp?pg=news&specific=4
  2. Double D

    Double D Administrator Staff Member Supporting Member

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    You will always get the idiot types such as one sheriff from tampa I believe that said once the open carry law goes into effect, his officers will be forced to "draw down" on anyone openly displaying a firearm. Brilliant.
  3. Bobitis

    Bobitis Guest

    It's about time someone figured it out.

    My state is open carry, but I've yet to see anyone do it. The law is written in such a way that if someone 'feels' threatened, you can go to jail.

    So if granny 'feels' uncomfortable and calls 911, I get arrested, go to jail, and await arraignment.:mad:
  4. rentalguy1

    rentalguy1 Former Guest

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    I think I just decided to open carry, because I can. Of course, where I live, no one would even blink an eye...
  5. hogger129

    hogger129 Active Member

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    Man it would be nice if it was like that where I live. Once you get out of the cities, you'll see people open carrying, otherwise I have never seen anyone do it, except when like the open carry groups have picnics and stuff.

    I'm glad they passed concealed carry. Wonder how long that law will be going until the Democrats reverse it.
  6. rentalguy1

    rentalguy1 Former Guest

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    Most folks conceal here by choice. You can spot us a mile away, though. We don't do "tactical chic" here, so it's usually a untucked button down that gives it away. Whether we admit it or not, most of us have a certain look, and we can usually spot another member of our team. I'm getting a little sick of the whiners, though, so I am tempted to OC just to give them something to cry about.
  7. hogger129

    hogger129 Active Member

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    You should be free to choose to carry either way - open or concealed - and if people have a problem with it, they should move somewhere else where nobody carries. I, too, get sick of the whiners. You know there are lots here in liberal Madison, Wisconsin. I can't wait to see how many businesses put up idiotic no guns signs. We don't really have many shootings here, pretty safe city. I can't say the same about Milwaukee. Am I gonna carry? Absolutely. Better to have it and not need it.
    Last edited: Sep 8, 2011
  8. H-D

    H-D Active Member

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    in Mississippi open carry is legal but in a holster is considered concealed so if you try to carry in a holster on you belt you are "concealing a firearm".. but if you have a cc permit you can carry in a holster on your belt also you can carry a concealed firearm inside your vehicle without a permit as long as it is a legally owned firearm
  9. rentalguy1

    rentalguy1 Former Guest

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    I'm to the point where I won't even travel through a state that doesn't recognize my TN HCP. We travel to TX a lot, and it's nice to know that every state that I might travel through between here and there has reciprocity. Even though the wife has family in NYC, and she would like to visit, I will never go there. It's not worth forgoing my Constitutional right to me.
  10. hogger129

    hogger129 Active Member

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    The new law they just came up with in Wisconsin, I was reading our DOJ's website, and after November 1, 2011, you can carry a concealed weapon in your vehicle without having to get a permit. I wonder how long it will take before some cop goes apes*** over it.
  11. H-D

    H-D Active Member

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    Depends on the cops some idiot kid or scared lady cop would probably freak if you said "I have a gun in here" I only say that I have a gun if they ask "do you have any weapons" which is asked by most officers in Ms. but they usually tell me to leave it where it is and check my insurance card (that's the purpose of 99% of the roadblocks here insurance or dui)
  12. HunterAlpha1

    HunterAlpha1 Former Guest

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    it's never a good idea to tell a cop you have a gun. better to hand them your permit with your license and registration, with the permit on top. then he'll probably ask if you're carrying and where, and he'll usually either have you hand it to him and he'll put it on the roof of your car or on the hood of his cruiser, or just tell you to leave it where it is and keep your hands in plain sight.

    but whatever you do, don't start off with, outa the blue, "hey officer, i have a gun!". those words send an adrenaline jolt through them that causes them to instantly resort to training, instinct, and reflexes. usually results in you wearing bracelets and sprawled across the hood of your car, or flopping around on the ground with a taser bolt in your @$$ :D
  13. H-D

    H-D Active Member

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    yup and I dont want either of those
  14. carver

    carver Moderator

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    Here in TX you have to tell the LEO that you are armed, either by word of mouth, or by presenting your permit along with your DL. No open carry. LA has an open carry law, but don't try it! If someone should call the cops because you have a gun on you, you get arrested for disturbing the peace. It doesn't matter to me that we don't have open carry here, I wouldn't do it if it were legal. I don't want the BG to know that I am armed untill he's on the way down!

    I do like FL's new law though, even if it shouldn't be an issue.
    Last edited: Sep 9, 2011
  15. 45Auto

    45Auto Active Member

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    "Inadvertent exposure" reminds me of that iconic image of Marilyn Monroe with the wind blowing up her dress in The Seven Year Itch.

    <img src="http://upload.wikimedia.org/wikipedia/en/thumb/9/91/Seven_year_itch.jpg/220px-Seven_year_itch.jpg">

    Though not as exciting as Marilyn must have been, open carry is legal in Michigan.
  16. mrjerry

    mrjerry New Member

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    Talking about "Inadvertent exposure", My wife of 49 years and I like to have breakfast at one of the eat-n-parks here in the Steeler Country, one particular sunday and this stupid 74 year old man who knows better let his vest open up and this waitress saw my weapon. From that time until now has been very interesting. Everyone knows my puss, no matter where I go, from our bank etc. Every-one has something to say and its not about my curly hair. Emailed the NRA, never received an answer, apparently 37 years as a Life Member and many bucks latter doesnt hold water. My little bit of Pro Gun money now goes to another place.
  17. sliclee

    sliclee New Member

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    HA1 how long did it take you to make that BS up.
    Here in florida and other states the Unwritten rule is after giving your license and registration, hands on top of steering wheel, officer I have a gun in the glove compartment, in the console, the officer will usually not freak out and slam you down.
    Carrying a gun in the vehicle does not require a permit.
  18. hogger129

    hogger129 Active Member

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    Every state ought to adopt this law. As far as I am concerned, the Second Amendment should already protect what this law does.
  19. armedandsafe

    armedandsafe Guest

    The member you are trying to insult is in Virginia. We are fighting a case there right now on that very matter. If you can attest to how long you have lived in Virginia and how much experience you have with Virginia law enforcement, you might be excused. Otherwise, I suggest you offer an appology to HunterAlpha1.

    Pops
  20. HunterAlpha1

    HunterAlpha1 Former Guest

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    he does have a point(though it could have been phrased nicer). in VA you need a CCW to concealed carry; if you don't have one it should be in plain sight to begin with. but if you're in a state where you don't need a permit to concealed carry in a vehicle and you get pulled over, and you don't have a CCW, then you have a dilemma. the officer should ask if you have any weapons before he searches your vehicle, then you want to say "i am legally carrying a concealed handgun", or something to that effect. but if he searches you first? well then hopefully he will have already checked you out and knows you're clean and legit, otherwise you'll probably at least end up wearing cuffs, even if only for a few minutes.
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