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Discussion Starter · #3 ·
I wonder if this would have happened if Florida did not criminalize open and visible carry per se.
 

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Thats crazy for the bus rider, i would be talking to my lawyer
What for FL has a duty to conceal if he printed he was in violation of FL law. He must have printed or another passenger would not have called it in.
Why waste his money on a lawyer? He should buy a better concealment rig or cover garment.

Fl law is tuff but it beats GA all to pieces.
 

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Discussion Starter · #5 ·
Stop. =; I disagree.

I would not be willing to trade "place restrictions" for the loss of open carry and "printing" laws, pursuant to which I could be thrown in jail for somebody noticing I have a gun.

I carry concealed most of the time, but not always. In any event, you cannot carry a full size .45 in the summer without somebody noticing it.

Saying people should, under penalty of law, carry only concealed, is kind of like saying you have a right of free speech, as long as nobody actually overhears what you say . . .
:p
 

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Stop. I disagree
And we will continue to disagree the law is still better than GA. Here you can't even carry on a bus (FELONY). I would rather it was legal but I had to keep it concealed.

Your own comments make the point
Besides, there are bus stops all over the sidewalk.

I would hate to be not only a convicted felon, but also have my criminal history show the crime of hijacking during these perilous times.
I remind you the man was not taken to jail the police just answered an man with a gun call.
I submit that the police in FL would have acted the same if open carry were legal there.
The same thing happend to a guy I knew berfore carrying on a bus was a felony in GA. Open carry was legal then with the same results.
 

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I have to agree that some carry beats NO carry hands down, but why should we settle for either. We ALL need to be very vocal with our elected officials, particularly your state senators and representatives! I call and email mine on a continual basis, using the old "Squeeky wheel gets the oil" theory!
 

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Discussion Starter · #8 ·
Requiring the firearm to be concealed implies that even the law believes there is something "dirty" or wrong about carrying . . .

You get no argument from me on the place restrictions in Georgia, it is just that I am not willing to "trade" for a law that requires concealment (not that this is a choice with which we are faced! :lol: )

People do go to jail in Florida, however, if their firearm has a concealment failure, regardless of whether this man did.
 

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USMC wrote:
but why should we settle for either
We should not. The concealment provision was needed to get the law passed in Fl. They have been trying to change it, but change can be difficult. We have been working on the Public Gathering restricton for years with no effect.

The simple truth is I feel very comfortable carrying in FL and I can eat in a decent resturant.
 

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Discussion Starter · #10 ·
ber950 said:
The simple truth is I feel very comfortable carrying in FL and I can eat in a decent resturant.
Sure, if you carry that gun in the picture! :shock: :lol:
 

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MP Wrote:
People do go to jail in Florida, however, if their firearm has a concealment failure
Do you have a cite for this?
 

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The truth is I used to carry that gun, Not because of FL laws but because of GA"s
Nobody can define a public gathering including the AG.
 

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After Reviewing the relevent statutes conviction could get you 60 days in jail of a fine. I think conviction would involve intent.
:ianal: but I play one on the internet.
 

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Discussion Starter · #15 ·
But here is a cite, if you need it (come on, though, you knew it was illegal):

790.001
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.

790.01
3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

790.053 Open carrying of weapons.--
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
 

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Discussion Starter · #16 ·
Fl. statutes 790.25 Lawful ownership, possession, and use of firearms and other weapons.--
Section 3, sub section N
(n) A person possessing arms at his or her home or place of business;
Kind of vague about carrying on PRIVATELY OWNED(yours)land.
However reference:
People -v- State 287 So. 2d 63(Fla 1973)
and
Sherrod -v- State 484 So. 2d 1279 (Fla.4DCA 1986)
**Note: This does NOTE cover you in "Common" areas of Apts, Condos,Hotel,Motels.

(stolen from a post on packing.org)
 

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I wasn't looking for the law I was wondering if a permit holder had ever been charged.
 

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Discussion Starter · #18 ·
ber950 said:
I wasn't looking for the law I was wondering if a permit holder had ever been charged.
OH!

Person who was licensed pursuant to West's F.S.A. § 790.06 (1990 Supp.) (dealing with firearm licensing), to carry a concealed firearm was not authorized by virtue of that license to openly carry a firearm in violation of West's F.S.A. § 790.053, which prohibits the open carrying of weapons. Op.Atty.Gen. 91-36, May 17, 1991.

No discussion of facts, but conviction and sentence (60 days) affirmed in Hayes v. State, 687 So.2d 79 (Fla.App. 4 Dist. 1997), so he must have been arrested!

There are exceptions for being in your home or place of business.
 

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Thanks :D

I am not good at looking for case law, but I do understand the importance.
 
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