Since SB308, aren't GWL holders presumed to be innocent of committing a crime involving firearm carry? What impact does the passing of 308 have on the green-lighted practice of police initiating a hostile encounter with an armed citizen on the sole basis of knowing they're armed? What about the courts resistance to support a firearms exception to Terry in Florida v J.L?
Wouldn't an element of the crime of carrying a concealed weapon unlawfully be the non-issuance of a carry license to the accused? Following that logical end, the possession of a weapon license would be an exception to the crime of carrying unlawfully, no?
As the discussion pertains to affirmative defense, before SB308 passed into law, the person accused of carrying without a license could be arrested and indicted in spite of presenting the license to the arresting LEO? My understanding of affirmative defense is that the accused doesn't dispute that their actions constitute a violation of law. The affirmative defense is a permissible situation or condition that is acceptable grounds to ask a jury for an exemption to the law. So, for instance, in my former state of residence, an affirmative defense to homicide could be a set of conditions defined in the statutes of that state and, if the particulars of the crime for which the accused is the defendant falls within one of those categories, they may be excused from a murder charge. An example: victim of deadly attack while in the home and no other alternative to using deadly force, etc. But still, plan on getting arrested and going to trial before it's resolved.