Question about concealed carry


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Guitargod1985
July 21, 2007, 06:57 PM
I was told today by someone at the gun shop/range that in Florida (where open carry is prohibited) if your firearms "prints," you can be arrested. Does anyone know if this is true? Is printing through the clothing considered open carry, and thus an arrestable offense?

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Alphazulu6
July 21, 2007, 07:00 PM
I was told today by someone at the gun shop/range that in Florida (where open carry is prohibited) if your firearms "prints," you can be arrested. Does anyone know if this is true? Is printing through the clothing considered open carry, and thus an arrestable offense?

It is different by state but I believe that they are basically the same.

CCL Rule #1 is that you must make EVERY ATTEMPT POSSIBLE not to print your firearm so that no one knows you have it.

There was a good thread about people getting "made" in public areas and what had happened. The worst that was posted was that of a man who actually dropped his in a restraunt and had to pick it up! I guess if an LEO was there that wanted to start trouble he could have easily brought him in for questioning at least.

Short story, yes they can arrest you for your firearm showing. Whether through clothing, briefly visible by bending over, etc. Will the LEOs take you down and slap the cuffs on you? Who knows these days. I guess anything is possible and the more I read the papers I am a believer every day. Haha.

Guitargod1985
July 21, 2007, 07:03 PM
So what you're saying is this: If say, the grip on my semi prints through my shirt, even though it is covered, I could possibly be arrested?

:mad:

God I wish we had open carry so I wouldn't need to worry about it.

Jimmie
July 21, 2007, 07:10 PM
(2) "Concealed firearm" means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
Link (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2006->Ch0790->Section%20001#0790.001)

790.10 Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Link (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC10.HTM&Title=->2006->Ch0790->Section%2010#0790.10)

Glockman17366
July 21, 2007, 07:17 PM
If you're making a serious attempt and accidently print (I have), I doubt anyone would give you grief.
If you make a half-assed attempt to conceal...well, think about it.

Guitargod1985
July 21, 2007, 07:27 PM
Well, here's the deal. Every day, before I get ready to go out, I look in the mirror from different angled and body positions to make sure that my gun is concealed well. However, when I am viewing myself from a certain angle, I can barely see the hint of the grip underneath my clothes. It isn't really too bad because I wear dark colors, especially black. I've never had a comment made or even a funny look, so I'm wondering if people can't see it, or if they can and believe that it is something else.

Jimmie
July 21, 2007, 07:28 PM
The FL Supreme Court addressed what is concealed in 1981...

http://www.hsmv.state.fl.us/Bulletins/bullMM03.html

“Absolute invisibility is not a necessary element to a finding of concealment.” Id., 403 So. 2d at 354. Since minds may differ about “whether an individual, standing near a person with a firearm or beside a vehicle in which a person with a firearm is seated, may by ordinary observation know the questioned object to be a firearm,” Id., 403 So. 2d at 355, a motion to dismiss must be denied in order for the trier of fact to make a factual determination.

Guitargod1985
July 21, 2007, 07:43 PM
Thanks, Jimmie.

So, if I am correct in my reading of that decision, you can legally print, but if someone knows that the shape in question is a firearm, it's for a judge/jury to decide if the law was broken? Is that how it works?

Jimmie
July 21, 2007, 07:46 PM
My non-lawyer interpretation is that if it's obvious to a normal person, that's bad. If it looks like a cell phone on your hip, nobody is going to care.

Black Adder LXX
July 22, 2007, 12:44 AM
I've always understoon the word 'print' in this context to refer to 'revealing the shape of a gun'. There's lots of pocket holsters out there that keep the gun from printing by masking the shape of the barrel and grip. You will obviously have 'something' in your pocket, but I wouldn't call that printing unless the outline of a gun could be made out. Folks carry all kinds of crap in their pockets, it could be anthing...
But what do I know...

mjrodney
July 22, 2007, 05:24 AM
Jon Gutmacher, a prominent Florida attorney who published the very popular book, "Florida Firearms Law, Use & Ownership", writes that he is unaware of any court action taking place as a result of someone being charged with accidentally exposing a concealed weapon.

For myself, I tend to follow the reasonable person theory......in that if I make........ in the eyes of a reasonable person......a reasonable attempt to keep my firearm concealed......and only by shear chance that firearm was exposed for a short period of time......and that I made every attempt to re-conceal the firearm after I discovered that it was exposed....I would not be charged with a violation.

Another key factor is, I believe, that the person who claims to have seen the firearm must actually have done so clearly, and not just suspect it is a firearm. The mere act of printing under clothing that is otherwise suitable for concealing a firearm (i.e. no skin tight t-shirts) is likely not enough, for the weapon still remains concealed.

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