Florida SB 644 - OPEN Carry!

Discussion in 'National Laws, Bills and Politics' started by Phil1979, Feb 1, 2017.

  1. Phil1979

    Phil1979 Member Georgia Carry

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  2. Phil1979

    Phil1979 Member Georgia Carry

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    If you have family or friends in Florida, get them on the ball to call and email their lawmakers to get this thing passed! Post on Facebook, Twitter, Google Plus, Blogs, Forums, etc!
     

  3. moe mensale

    moe mensale Well-Known Member

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    That's the same problem TX residents are having with their new OC law. Some cops are going to ask for the license only if they believe the citizen is engaging in suspicious behavior. Others are going to harass the crap out of citizens because they'll view OC as prima facie evidence of committing the crime of OCing a gun without license. In other words, guilty until proven innocent.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, now, that is existing law. it is nothing new. How is it being interpreted already?
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Florida has more than one appeals courts, unlike Georgia. It is a district system. There is a split in the circuits.

    4th District.
    Regalado v. State, 25 So.3d 600 (Fla. 4th DCA 2009)
    http://www.4dca.org/opinions/Dec 2009/12-16-09/4D08-1609.op.pdf

    3rd District
    State v. Navarro, 464 So.2d 137, 139-40 (Fla. 3rd DCA 1985)
    5th Circuit
    State v. Burgos, 994 So. 2d 1212, 1214 (Fla. 5th DCA 2008)
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Oh, wait! =; It appears the Supreme Court resolved the split in 2013.

    http://caselaw.findlaw.com/fl-supreme-court/1647018.html

     
    Last edited: Feb 2, 2017
  7. moe mensale

    moe mensale Well-Known Member

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    Yes, it's existing law - FS 790.06(1):
    Like I said above, some (I think a lot) cops are just going to harass the crap out of open carriers just because they can. Particularly in the blue counties where many agencies are anti-OC.
     
    Last edited: Feb 2, 2017
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Given these circumstances, I am not sure how much enlightenment this gives the legal carrier, especially if openly carrying becomes legal, as to his status of being detained by every officer that sees him and holds a grudge against those carrying openly.

    But there is this hopeful bit at the end, specifically addressing the holding in Regalado:
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Is that an approval of the Fourth Circuit's holding in Regalado? I don't know. it certainly hints that way.
     
  10. Phil1979

    Phil1979 Member Georgia Carry

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    Look for my next Ammoland.com article on Florida Open Carry and Campus Carry soon. It's gonna be a hard hitting, take no prisoners article.
     
  11. Phil1979

    Phil1979 Member Georgia Carry

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  12. moe mensale

    moe mensale Well-Known Member

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  13. Phil1979

    Phil1979 Member Georgia Carry

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    Anyone know of any conservative/libertarian TV news anchors in Florida?
     
  14. moe mensale

    moe mensale Well-Known Member

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    Contact Florida Carry. They might know some bodies.
     
  15. Phil1979

    Phil1979 Member Georgia Carry

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  16. moe mensale

    moe mensale Well-Known Member

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    Well, if nothing else, they're being consistent in not being able to accomplish anything. :hardhead:
     
  17. Savannah Dan

    Savannah Dan Cross-drawer

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    I only go to Florida to fish anyway. :)