Gun Law Q&A With Off Duty LEO

This is a discussion on Gun Law Q&A With Off Duty LEO within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Bottom line is, if you know the law pertaining to a certain area, you'll be fine. If you are being arrested for an infraction that ...

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Thread: Gun Law Q&A With Off Duty LEO

  1. #16
    New Member Array rightwinger's Avatar
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    Bottom line is, if you know the law pertaining to a certain area, you'll be fine. If you are being arrested for an infraction that you believe is inaccurate, (In the most Non-threatening way you can), ask to talk to their SGT, or immediate Supervisor. If you know the law off hand, quote it and challenge the Officer to look it up. Most Officer carry a Statue or law book in a pocket size reference manual.

    And if all else fails, you can always fight it in court. Retain a Lawyer, or present the facts yourself.

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  3. #17
    Distinguished Member Array Rugergirl's Avatar
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    I would have casually asked if hunting was not allowed in FL? Just a little tidbit to get them thinking...
    Disclaimer: The posts made by this member are only the members opinion, not a reflection on anyone else, nor the group, and should not be cause for anyone to get their undergarments wedged in an uncomfortable position.

  4. #18
    Senior Member Array puncho's Avatar
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    Quote Originally Posted by cmdrdredd View Post
    Can you name every law in full in regards to carrying a gun in FL?
    I have a strong knowledge of Florida gun laws! I'm expected to know them, because ignorance of the law isn't a viable excuse in court! I expect them to know the gun laws that pertain to guns within a vehicle! It's one of the first things they will ask you if they search your car. "Do you have any weapons in the vehicle" They do it everyday, there is no excuse for them not knowing Florida gun laws that pertain to a vehicle stop!

  5. #19
    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by puncho View Post
    I have a strong knowledge of Florida gun laws! I'm expected to know them, because ignorance of the law isn't a viable excuse in court! I expect them to know the gun laws that pertain to guns within a vehicle! It's one of the first things they will ask you if they search your car. "Do you have any weapons in the vehicle" They do it everyday, there is no excuse for them not knowing Florida gun laws that pertain to a vehicle stop!
    I said every law, not simply "gun in the car". This is what you're asking, an officer to know every law. It's not possible. They are not lawyers.
    No free man shall ever be debarred the use of arms.
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    Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.

  6. #20
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    Quote Originally Posted by puncho View Post
    You're right, law abiding citizens should incur significant legal cost and inconvenience because the cops aren't educated on the gun laws of Florida. They took the job as a Cop, they should be passionate about knowing the laws, it's their job!
    Law Enforcement Officer: Logic dictates you can't enforce something you don't know. Maybe passionate is a strong term, but they should know what they are enforcing.

  7. #21
    Senior Member Array puncho's Avatar
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    Quote Originally Posted by cmdrdredd View Post
    I said every law, not simply "gun in the car". This is what you're asking, an officer to know every law. It's not possible. They are not lawyers.
    What's the first concern of every patrol officer in a traffic stop? They should know every gun law that applies to a vehicle stop!

  8. #22
    VIP Member Array xXxplosive's Avatar
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    I agree............LEO's are responsible for their actions as well as we are for ours. If they arrest you mistakenly, they should be made personally liable in my opinion / civil suit. I'm sorry doesn't cut it for me or mine.

  9. #23
    Member Array Fatherof10's Avatar
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    Quote Originally Posted by cmdrdredd View Post
    I said every law, not simply "gun in the car". This is what you're asking, an officer to know every law. It's not possible. They are not lawyers.
    Possible or not . . .
    1. When they do not know it is legitimate to expect them to be aware of their weakness and research, ask for assistance, etc. (Legitimate expectation even though it may not be realistic.)
    2. When one finds out that there is a deficit of knowledge (as in the conversation related in the op) it is appropriate to notify a supervisor so that training can be provided to correct the problem. I believe that no LEO or PD wants to make a bad arrest.

    Excellence is something that is worth striving for.

  10. #24
    Senior Member Array JohnKelly's Avatar
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    I don't expect LEO's to be well-versed in every law. I absolutely do expect them to be well-versed in the law(s) they are enforcing at that moment.

  11. #25
    Distinguished Member Array SpringerXD's Avatar
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    Not to get off topic, but butterfly knives are perfectly legal in Tennessee as long as the blade is under 4.0 inches and it's not in a restricted area. BUT... I stopped carrying a balisong because so many LEO's are unclear on this and I don't need to get arrested.

    This sounds like the OP's situation.
    "I practice the ancient art of Klik Pao."

    -miklcolt45

  12. #26
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    I don't know how things work in Florida, but there aren't too many arrests made here where the DA on duty, isn't checked with to accept the charges, before the arrest.
    "Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston

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  13. #27
    Member Array cl00bie's Avatar
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    Quote Originally Posted by chad2000 View Post
    Remember, with all the laws on the books it's unrealistic to expect LEO to know all of them.
    I think we should start eliminating laws, and stop when all of the LEOs can remember all of them.
    -Tony

    "Those who beat their guns into plowshares will plow for those who didn't." -- Thomas Jefferson

  14. #28
    Member Array Mountaineer's Avatar
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    Quote Originally Posted by MP45Man View Post
    Law Enforcement Officer: Logic dictates you can't enforce something you don't know. Maybe passionate is a strong term, but they should know what they are enforcing.
    ++ I couldn't agree more.

    There was a case in Sparta MI where the officer said "I didn't know what law he was breaking, but I thought he was doing something wrong".

    What's wrong with that picture!

  15. #29
    Distinguished Member Array Spec's Avatar
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    yes send an email to the chief with a copy of the gun laws, thats what i did (no i was not in jail)
    NRA Certified Rifle/Pistol Instructor
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  16. #30
    Ex Member Array BikerRN's Avatar
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    TX-JB has it right.

    There is no way a LEO can be expected to know every law he or she may enforce. To think otherwise is just plain silly. Let them charge you and spend the night in jail, if after asking for a supervisor they don't produce one, or the supervisor agrees with the arresting LEO's.

    The place to argue an arrest is not on the side of the road. That is why we have courtrooms. You may win in court, but I guarantee you will lose on the side of the road.

    Nobody can be expected to know every law on the books. If an arrest is made "in good faith" I do not see why the LEO should be personally liable. Start doing that and you will not get a LEO to make any arrest. It's easier to look the other way when that starts happening, and rightly so as far as I'm concerned. I'm not going to stick my paycheck and retirement out there for you to take a bite out of if I believe I have just cause for what I'm doing. If I know I don't have just cause, and do it anyway, then you deserve my paycheck, retirement and more to boot.

    Biker

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