ccw Florida question

[joab]

I tried but he is going to send me the part of the law that supposedly makes this stipulation.
I'll wait for it before I get to intense.
But he is very pro CCW and is the one that got me the paperwork to apply and did my fingerprints, so he's not coming at it from a anti position

There is wordig that says that you cannot carry in an establishment against the owners wishes and he simply was misinformed or misinterpretd why they were arresting the guy.

As to why the manager knew the guy was carrying that's still a mystery to me I didn't want to divert the conversation.

But like I said, and he admits, cops don't know all the laws they can only be familiar with the ones that they come into contact with frequently.

 

[jamez]

A lot of the officers here aren't really 'up' on the CCW law. It's hard from one officer to the next to get acurate information without their own opinion being inserted, for or against. We were pulled over in Godley, TX and the officer didn't even know the laws for transport of a firearm. He had to contact his supervisor, officer called him his cheif, and contact DPS for the 'truth'. He was fixing to take us all to jail when we were legally transporting. I advised him I was not trying to be an ???????, but he'd better make sure he's CYA'd before he begins to put someone under arrest. It was somewhat tense and he walked away with the knowledge that he needed to be more informed about gun laws in the state. Especially as gun friend a state as Texas is. No matter what happens, or how close things get sometimes, I love this state!

 

[DunedinDragon]

There is wordig that says that you cannot carry in an establishment against the owners wishes and he simply was misinformed or misinterpretd why they were arresting the guy.

I wouldn't hold my breath waiting for him to provide you with that stipulation. I don't think it exists. On the other hand, the way you describe the situation the CCW person was asked to leave and refused saying he had the right to carry. While that may be true, if he's asked to leave ANY establishment for ANY reason and doesn't he's trespassing. I don't think he broke any Florida statutes relating to firearms, but he certainly broke statutes regarding trespassing for which he could be arrested.

 

[joab]

My comment was poorly worded.
If you are asked to remove your firearm or leave and establishment you must comply otherwise you can ,as I believe Delbert was, be arrested for trespassing and possibly armed trespassing.
Either way you probably just lost your permit.

I have no doubt that he will provide the information as promised he's not the type of person to blow smoke.
I'm just going to have to point out where he is misinterpreting. Hopefully he does it by e-mail instead of in person just in case I need some help from you guys on my argument.

He's not a bad guy he's just a by the (dept) book cop and a stickler for the law.

I don't have the heart to point out to him that we we were shooting an illegal shotgun of my recently deceased step father this weekend which went unnoticed by him.
It's at the bottom of a very deep body of water now
but I had to shoot it just once at least

 

[XDKingslayer]

When I first bought my pistol and started brushing up on the laws, I made the mistake of talking to LEO's as I work with them. You would be unpleasantly suprised at the number of them that honestly don't know their mudvain from a hole in the ground when it comes to the 790 laws.

When I read them I understood that I could carry my pistol, loaded and unholstered in my unlocked glove box WITHOUT a permit. I asked several cops for clarification. Some told me it wasn't legal to do that. One told me that it has to be unloaded, holstered, and the ammo locked up in a box or in the trunk. A few told me they have a 3 step rule, that if it takes you over 3 steps to get the pistol ready to fire, then it's fine, which shows their preference to personal opinion over actual law. I really don't blame them as thier goal is simply to go home alive at the end of their shift, however, when you get pulled over and have to open your glove box to get your registration and insurance card, there isn't going to be an attorney rushing to your aid on the side of the road. He won't get there until you get your 1 phone call...

I keep a copy of the 790 laws in my glove box. I will NEVER advise anyone to ask LEO for clarification of ANY law let alone the ones that directly effect me. I don't have any thing against LEOs, but expecting them to know each and every law on Florida's ever changing books is rediciulious.

They're still human. And you still have to do what you need to do to CYA.

 

[Dave P]

Joab: It's at the bottom of a very deep body of water now

In Ocoee?? I didn't think Lake Apopka was more than a few feet deep - or maybe you found a slow flowing spring???

Dave

 

[joab]

Mom lives by Titusville

I don't think you can get a boat out the middle of Lake Apopka without the contaminants eating a hole in the bottom of it

but expecting them to know each and every law on Florida's ever changing books is rediciulious.

I worked in about five different city's police stations and two county sheriff offices a few years ago.
I went around asking random officers in each office about carrying a switchblade under my CCW permit, just to see the reaction based on a similar comment from a friend of mine

Well over half thought that the permit covered handguns only and most thought that switchblades were still illegal about five or six months after the law changed
One of the guys I asked was a chief of detectives and another a small town chief of police.
There are just too many laws that change too often to expect LEOs to be completely aware of every intricacy of every law. If they were we they would be called lawyers making a lot more money and getting shot at a lot less
Hell the BATF can't even agree on all the laws

 

[Ledhead686]

Glad I ran into this thread...

I myself am going to apply for a CCW in "The Gunshine State" -- as the Brady leftists now sarcastically refer to it ever since the "Meet force with force" bill was enacted last Oct. -- and didn't realize how fuzzy/complicated (purposely, I wonder?...) rules/regs. actually were regarding this.

btw -- I may have somehow missed it here, but what are the penalties for getting "caught" with a firearm in a bar, on school grounds, etc. anyway?...confiscation of your CCW?

 

[DunedinDragon]

btw -- I may have somehow missed it here, but what are the penalties for getting "caught" with a firearm in a bar, on school grounds, etc. ayway?...confiscation of your CCW?

From my reading of the statutes it's a 2nd degree misdemeanor which doesn't automatically mean you're license is suspended. However the judge can decide to suspend/revoke your license as part of the sentencing if he/she wants to....and probably would.

You're probably best off if you get Jon Gutmacher's book on Florida Firearms Law as he draws from specific cases he's represented in court.

http://www.floridafirearmslaw.com/indexbook.shtml

 

[Ledhead686]

Thanks for the link and the help, DD. So it appears, when all is said and done, that it's at the discrepancy of the individual judge...makes sense. (The way my luck's been running lately, I'd appear before a Brady supporter if I found myself in such a situation. )

I suppose we Floridians should be thankful we're not residents of a state that's decidedly anti-gun, such as those in the NE (where I lived for many years btw). Sure as shootin', the CCW would be suspended in such a case -- I'd lay money on it.

 

[ShootingEnthusiatist]

I Asked the Instructor...

I just received my Florida CCL. During the one-on-one class I asked the instructor about this. Basically its to keep people from carrying in bars. If alcohol is the primary thing served do not bring in your gun with you to the bar. However, if it's a restaurant with a bar, you should have no problems.

I liken it to the smoking law here in Florida (except backwards). If alcohol is not the primary means for that establishment (i.e. real food that people sit down to eat) then you aren't allowed to smoke. However, if it's just a watering hole then smoke all you want.

I've worked (tended bar and waited tables) in many restaurants. I'd like to think I won't have any problems while eating dinner with the family. It's that walk to the truck afterwards that usually gets my attention!

 

[joab]

However, if it's a restaurant with a bar, you should have no problems.

As long as you don't enter the bar area of the restaraunt