Florida man open carries, arrested

1320 Views 16 Replies 12 Participants Last post by Archangel, Dec 3, 2010

Jonas Salk

Discussion Starter · Nov 26, 2010

Oops.

http://www.palmbeachpost.com/news/crime ... 74340.html

BOYNTON BEACH â€" The man found to be carrying a gun while waiting in line for a Black Friday sale said in court this morning he's a retired federal law enforcement officer.

Does this make him exempt from the no-open carry in Florida deal?

Scott said this afternoon that he was visiting his ill mother in South Florida and was buying her supplies. He said he had a proper weapon permit in Arizona and believed it was reciprocal in Florida.

He also didn't understand why he was charged with carrying a concealed weapon when he was wearing the gun in plain sight as he'd been advised by colleagues.

Next time, get better colleagues and verify yourself before you carry a weapon in the open in ANY state.

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smn

· #2 · Nov 26, 2010

I don't think he has the resources to fight for OC in FL, though I wish him the best of luck.

DC v Heller said:
In Nunn v. State, 1 Ga. 243, 251 (1846), the Georgia Supreme Court construed the Second Amendment as protecting the â€œnatural right of self-defenceâ€ and therefore struck down a ban on carrying pistols openly. Its opinion perfectly captured the way in which the operative clause of the Second Amendment furthers the purpose announced in the prefatory clause, in continuity with the English right:

â€œThe right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, re-established by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta!â€

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Puffyfish

· #3 · Nov 26, 2010

Jonas Salk said:
Oops.

http://www.palmbeachpost.com/news/crime ... 74340.html

BOYNTON BEACH â€" The man found to be carrying a gun while waiting in line for a Black Friday sale said in court this morning he's a retired federal law enforcement officer.

Click to expand...

Does this make him exempt from the no-open carry in Florida deal?

[quote:2xkah7zi]Scott said this afternoon that he was visiting his ill mother in South Florida and was buying her supplies. He said he had a proper weapon permit in Arizona and believed it was reciprocal in Florida.

He also didn't understand why he was charged with carrying a concealed weapon when he was wearing the gun in plain sight as he'd been advised by colleagues.

Next time, get better colleagues and verify yourself before you carry a weapon in the open in ANY state.[/quote:2xkah7zi]

A retired federal LEO? Awww come on..

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I'm glad the neighbors at my mom's house aren't too bad, I oc everytime i get out of the truck or back in from the drive from ATL. considering i start in GA and if i do stop on the way its in AL, i usually just oc the whole drive. maybe i should rethink that.

it is such a pain being down here and worrying if my shirt will ride up or if i am printing at all. the only time I CC is in FL and its a pain.

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Quest50

· #5 · Nov 27, 2010

Puffyfish said:
Jonas Salk said:

Oops.

http://www.palmbeachpost.com/news/crime ... 74340.html

BOYNTON BEACH â€" The man found to be carrying a gun while waiting in line for a Black Friday sale said in court this morning he's a retired federal law enforcement officer.

Click to expand...

Does this make him exempt from the no-open carry in Florida deal?

[quote:18vttr0d]Scott said this afternoon that he was visiting his ill mother in South Florida and was buying her supplies. He said he had a proper weapon permit in Arizona and believed it was reciprocal in Florida.

He also didn't understand why he was charged with carrying a concealed weapon when he was wearing the gun in plain sight as he'd been advised by colleagues.

Click to expand...

Next time, get better colleagues and verify yourself before you carry a weapon in the open in ANY state.

A retired federal LEO? Awww come on..

[/quote:18vttr0d]

Nice to know retired LEO's are treated just like the rest of us...

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spector

· #6 · Nov 27, 2010

Wait wait. Florida DOES reciprocate with Arizona. If his license was valid and reciprocal (which it should be) he should only be charged for OC, which is a minor offense in FL.

There's a whole lot of this that does not make sense.

He also has 5 previous arrest (1 misdemeanor, 4 felonies) but how many convictions? And he is "supposedly" retired LEO? Weird, weird weird.

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Suprman

· #7 · Nov 27, 2010

spector said:
He also has 5 previous arrest (1 misdemeanor, 4 felonies) but how many convictions? And he is "supposedly" retired LEO? Weird, weird weird.

it explained it was for another person

Scott leaned to Assistant Public Defender Juan Fernandez-Barquin and revealed he was retired from law enforcement positions with both the U.S. Department of Interior and the Department of Justice.

"I find it hard to believe, with the felony (arrests)," Marx said. Scott then said he'd been a victim of identity theft.

Assistant State Attorney Rob Melchiorre later said he'd checked and the arrest record was in fact for a different person.

Anyone else notice this? I need to know where to find a 30rd mag for my glock 23!

A police log said Scott wore a .40-caliber Glock handgun with a 30-round magazine in a holster at his hip

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Ga_Regul8r

· #8 · Nov 27, 2010

A police log said Scott wore a .40-caliber Glock handgun with a 30-round magazine in a holster at his hip, as well as two concealed knives and a "pepper grenade."

He also had prescription pills but no label or paperwork, the police log said.

Yup. This just screams retired fed to me. Don't get me wrong. I have no problem with folks have 30 round mags for a handgun, but I'm surprised he didn't draw attention to himself earlier when he turned around in the shampoo aisle and that mag cleared the shelf.

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freeman101

· #9 · Nov 27, 2010

as advised by colleagues

That is why you should read the law yourself.

Flordia is CC only.

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Adam5

· #10 · Nov 27, 2010

Suprman said:
Anyone else notice this? I need to know where to find a 30rd mag for my glock 23!

A police log said Scott wore a .40-caliber Glock handgun with a 30-round magazine in a holster at his hip

Click to expand...

CDNN has them. They are actually 31 round.

http://www.cdnninvestments.com/gl224031amno.html

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spector

· #11 · Nov 27, 2010

freeman101 said:
Flordia is CC only.

Yes, but he did not get arrested for OC. He got arrested for carrying a concealed weapon, which should not have happened because he had an AZ permit, which FL supposedly honors.

Assuming you have a valid permit, I don't even think OC is a huge deal. Minor misdemeanor at most. That is not what he was charged with.

If his AZ permit was honored by FL (and it should be) he should be bound by the same laws as us other FL citizens. If I were to OC, I would not get arrested and charged with several counts of carrying a concealed weapon. I would get charged with OC, which is a different, lesser offense.

This does not make sense. I hope they drop the charges.

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freeman101

· #12 · Nov 27, 2010

It says:

He also didn't understand why he was charged with carrying a concealed weapon when he wore the gun in plain sight, as advised by colleagues.

IF he was CC no one would have called the police on him.

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CoffeeMate

· #13 · Nov 28, 2010

Just a thought... Perhaps he was charged with something the police knew wouldn't be convictable just so they could say they "did something"?

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smn

· #14 · Nov 28, 2010

Doing something and doing the right thing are sometimes at odds with each other.

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mountainman444

· #15 · Nov 28, 2010

CoffeeMate said:
Just a thought... Perhaps he was charged with something the police knew wouldn't be convictable just so they could say they "did something"?

I think you may be right. Just arrest him and charge him with a crap charge to make a show and then cut him loose. He's already been cleared of the felony charges (as it wasn't him) and he said the pills could be explained (I don't see how on that one). Besides, how do you conceal and not print with a 30 round magazine. He had to wear it outside his pants.

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spector

· #16 · Nov 28, 2010

freeman101 said:
It says:

He also didn't understand why he was charged with carrying a concealed weapon when he wore the gun in plain sight, as advised by colleagues.

IF he was CC no one would have called the police on him.

Sure, the OC attracted attention, but it still sounds like he was charged with a crime he did not commit.

I think CoffeeMate is right. Boynton Beach is home to many retirees from the Northeast. I can only imagine the panic of a citizen OCing there.

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Archangel

· #17 · Dec 3, 2010

Perhaps the concealed weapon charges were for the 2 knives?

We've had that happen here.

When I first saw this I thought maybe kwikrnu was visiting Florida and he found some obscure law regarding only carrying with a 30 round magazine or something...

:lol: :lol: :lol: :lol: :lol: :lol: :lol:

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