Something I saw on TV made me feel uneasy
This is a discussion on Something I saw on TV made me feel uneasy within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I want opinions on something I saw on Discovery Channel recently and has been on my mind(maybe some of you saw it as well). I ...
October 21st, 2009 01:55 AM
Something I saw on TV made me feel uneasy
I want opinions on something I saw on Discovery Channel recently and has been on my mind(maybe some of you saw it as well). I forget the show, but a group of US marhsalls were in Miami, DC, and New Orleans. In Miami they were searching an apartment complex for drugs and guns that are used by local gang members. I believe they had a few prime suspects they wanted to apprehend too.
So here's what happened. They stop a man who has a .40 Taurus on him. He has a CCW and had the gun concealed. They ask him some questions and ask if they might be able to check his vehicle out as well. He agrees and gives them the keys. In his trunk, behind a large speaker box, they find an AK-47 which is unloaded and there is a single fully loaded magazine in there too. Now, I know the law says "securely encased" for firearms you keep in the car. I'm assuming the law he broke was keeping it outside of any case or box? They arrested him but they did not mention the charges.
Not that it concerns me much but at first glance I said he had a permit so why did they go so far anyway? Obviously the mistake was allowing the search, but he did not have it encased. It was a bad area, high drug traffic, gang activity, lots of gang related violence etc.
Now I'm wondering how many gang members and persons of questionable character get CCW permits to have an easier time of carrying a loaded weapon around, thus harming the image of other CCW holders when they are caught in criminal activities.
The memorable line? "That's the cop killer gun" (referring to the AK-47). I laughed, as far as I know any gun could potentially kill a person. I know the AK gets a bad rep from the various gangs etc. Legally though, I can own one if I choose to and it wouldn't be any more or less deadly to LEOs than my .22lr since I wouldn't use it in that way.
Anyhow, it's something I saw that made me feel weird. I didn't know whether they did a good job, or were giving someone a hard time because he decided to carry. I obviously don't have all the info about the person in question, whether or not he had any affiliation with gangs etc.
No free man shall ever be debarred the use of arms.
Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.
October 21st, 2009 02:17 AM
Hard to say since 100% of all TV is produced for entertainment and it of course gets biased towards the producers views. Footage gets edited out of order to make it seem more shocking than it is. Almost anything could have happened and the show just left out details. Hypothetically, he could easily have had an outstanding bench warrant for something simple like failure to appear in court, but the producers cut it to make it look like he was arrested for the gun. Now I'm not saying that's what happened but it easily could have.
Mike Rowe wrote a great little post on his awesome show, Dirty Jobs, how even they do things to make the show more exciting. While they don't script it, they will do something they know will probably cause hilarious failure because its good television. I am paraphrasing here but his parting comment was, "If there is one thing you NEVER see on TV, its reality."
To get the facts you would need to track down the events to where it actually happened but that's probably impossible. Do you remember what was on the screen when the Cop Killer Gun line was said? Often they will take long shots of items and then voice over additional material. Hollywood is brutal about ignoring reality.
My 2 cents
Glock 22 (G2) & 27 (G3)
S&W 686 .357 4" Stainless Pre-lock
Marlin Model 65 .22LR - 1968
Remington Model 31 16ga - 1932
Remington 1900 12ga - 1904
October 21st, 2009 03:27 AM
Here is section 790 from online sunshine.
Statutes & Constitution :View Statutes : Online Sunshine
Here is FS 790.25
In the trunk seems to be Legal. They must have arrested him on another charge, the editors just left that part out.
(5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use.
Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
October 21st, 2009 08:53 AM
Securily Encased means in any snapped holster; bag that zips, snaps or uses velcro; trunk, glove box or console, or trunk. If it is not readily accessible to the person it is legal. They probably edited it out...or it was a bunch of feds who didn't know all of Florida's laws.
"carrying a gun is a lot lighter than carrying a cop in your pocket" -MrTwice99
October 21st, 2009 09:16 AM
If I'm not mistaken a Florida CWFL does not allow you to conceal or carry a rifle.
Not really the OP's question but I thought I'd make that point.
YOU are the weapon, your firearm is just a tool!
October 21st, 2009 09:21 AM
I don't remember any limitations on the Florida CWP about rifles.
Be not far from me, for trouble is near; For there is none to help. psalm22:11
October 21st, 2009 09:53 AM
When the police ask to search, think of Nancy Reagan: "Just say 'No'".
"...bad decisions that turn out well often make heroes."
Gary D. Mitchell, A Sniper's Journey: The Truth About the Man and the Rifle, P. 103, NAL Caliber books, 2006, 1st Ed.
October 21st, 2009 09:58 AM
So many people forget - you can say NO when they "ask" for permission for further search's. They asked him and he gave permission.
I was taught in the Federal Police Academy - if you don't have probably cause and have to "ask" - and they say "no" - then that's it - let em go.
For God, Family and Country!
October 21st, 2009 10:18 AM
Nothing like waiving your 4th Amendment rights and getting arrested for it!
I would be very cautious to accept what you see on a TV show, because it has been heavily edited to make it exciting viewing. There was probably a lot more behind that arrest.
October 21st, 2009 12:07 PM
NEVER, EVER consent to a search. 99.9% of the time it's a fishing expedition and they would never ask for a warrant.
You'll rock, with a 357 Glock
October 21st, 2009 12:46 PM
With some of the multijursdictional get togethers that has LE from all over, those LE may not be well versed on state law. A CIA buddy of mine explained that to me years ago. He said that one instance was around the Fort Riley/Junction City, Ks area. The Kansas bunch had to line out some of the officers from out of state.
October 21st, 2009 12:52 PM
Originally Posted by randytulsa2
Doesn't need to be a gun.
A guy here in Va was arrested because he had a pair of bolt cutters.
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
October 21st, 2009 01:54 PM
Regarding the 4th, this has been around here before but I'll post the link anyways-
How to Flex Your Rights During Police Encounters
October 21st, 2009 01:57 PM
I saw the same episode and about dropped bricks when he consented to the search. They were on a power tripping "we're the good guys and everyone else is bad" run. Some of those fools need a good .
"My God David, We're a Civilized society."
"Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
-The Mist (2007)
October 21st, 2009 02:08 PM
Originally Posted by ArmyCop
Originally Posted by Spike32
UMM... not trying to argue but wouldnt saying no give them cause to think you are hiding something and then do the search with the probable cause effect? thats always been my thinking.
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