Carry on Mass Transit

Discussion in 'In the News' started by Malum Prohibitum, May 22, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  2. Black Ice

    Black Ice Member

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    Thats crazy for the bus rider, i would be talking to my lawyer.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I wonder if this would have happened if Florida did not criminalize open and visible carry per se.
     
  4. ber950

    ber950 Active Member

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    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.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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
     
  6. ber950

    ber950 Active Member

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    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
    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.
     
  7. USMC - Retired

    USMC - Retired Active Member

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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!
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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.
     
  9. ber950

    ber950 Active Member

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    USMC wrote:
    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.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sure, if you carry that gun in the picture! :shock: :lol:
     
  11. ber950

    ber950 Active Member

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    MP Wrote:
    Do you have a cite for this?
     
  12. ber950

    ber950 Active Member

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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.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Of course not! I made it up on the spot! :D
     
  14. ber950

    ber950 Active Member

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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.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    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)
     
  17. ber950

    ber950 Active Member

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

    Malum Prohibitum Moderator Staff Member

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    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.
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Other than the AG opinion, no info.
     
  20. ber950

    ber950 Active Member

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    Thanks :D

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