Gun Law Q&A With Off Duty LEO

I had the opportunity to have a casual conversation with two police officers regarding Florida gun laws.

They informed me that they could arrest someone who was concealed carrying and consuming alcohol in a resturuant, even if it wasn't a bar or in the bar area. They went on to say that the fact that the person wasn't intoxicated had no bearing, that case law and the judge would allow the arrest based on the fact that someone was consuming alcohol. They aso informed me that without a Florida concealed weapons license that you can't have a loaded gun in your car, unless it's locked and in the glove compartment. I explained to them that it was my understanding that a non-felon could have a loaded gun under the seat in a snapped holster and loaded. They said that the person would be arrested for having a concealed weapon. At this point I stopped the conversation. I was really shocked at the lack of knowledge of the Florida gun laws etc... I don't want to get these guys in trouble, but I feel they need to be aware of the gun laws in Florida. Someone shouldn't be at risk of going to jail because the officers don't know the law. Would you contact their agency and explain the concerns and to whom would you address these concerns?

I would contact their shift supervisor first, if they blow you off then the Chief.

I mean no disrespect to LEO's, because there are some that are law-saavy, but there's a reason why we have *lawyers*.

As a general rule, don't go to LEO for legal advise.

My own limited experience, but with several LEOs that I personally know, is that in general they are not well versed on gun laws. Accordingly, it is a good thing to have a copy of the laws when carrying in your car.

Regards,
Jerry

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Originally Posted by greenLED

I mean no disrespect to LEO's, because there are some that are law-saavy, but there's a reason why we have *lawyers*.

As a general rule, don't go to LEO for legal advise.

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And this is why the State has District Attorneys. The cop might make the arrest but in the end the DA decides on the charge, if any.

This is true, but with my luck this would happen late at night and I'd be spending the night in jail. Who needs the aggravation? So the LEO sez 'oops sorry about that" Carrying a copy of applicable law seems advisable to me...even though we shouldn't have to. Remember, with all the laws on the books it's unrealistic to expect LEO to know all of them. Should this happen to you, my LEO friend advises to ask for a supervisor.

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Originally Posted by WC145

And this is why the State has District Attorneys. The cop might make the arrest but in the end the DA decides on the charge, if any.

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That's right but I'd hate to spend the whole weekend in jail until it all got sorted out Monday morning. I really have no desire to be someones new plaything for a weekend. Guard, Guard!!!:smoke23::aargh4:

Might want to check with a lawyer. If "case law" has inturpted it as unlawful the LEO could be correct.

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Originally Posted by Stevew

Might want to check with a lawyer. If "case law" has inturpted it as unlawful the LEO could be correct.

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I'm very familiar with how case law applies. The LEO's had no idea how Florida case law applied to my scenario questions. I asked them very clear questions that have been resolved in Florida courts.
Their comment was "Hey if I'm wrong, I'll accept that in court and not be upset". That's not acceptable if someone incurs a night in jail and legal fees.

Their actions could get their department sued. You need to inform the Chief.

Remember, most LEOs are not gun people. Guns to them are a tool they use on the job and nothing more.

When I leave Texas,I carry the agreements with other states with me. This is still not a sure thing,you could still be arrested by a badge heavy LEO. I would think if an officer were in doubt, they would check with somebody above them regarding the law. Ignorance of a basic law is a good way to get a city/county in a lawsuit.

Are you serious!? Are you going to start calling LEO's supervisors if after every casual conversation you determine they aren't versed well enough in the area of law that you are passionate about?

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Originally Posted by Bm7b5

Are you serious!? Are you going to start calling LEO's supervisors if after every casual conversation you determine they aren't versed well enough in the area of law that you are passionate about?

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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!

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Originally Posted by puncho

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!

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Can you name every law in full in regards to carrying a gun in FL? I bet you'd miss a few, how about operating a motor vehicle?

You're saying that as an IT Network guy I am supposed to know every OS out there and every little trick and feature of those OSes? How about a chef, are they supposed to know every recipe out there? No, we know the ones we deal with daily and/or are most likely to come across. Sometimes we learn as we go.

Not everyone knows everything. There's so many laws about everything and some of them so vague you don't know what it's saying, that I'm surprised many LEOs are as well versed as they are.

Remember what I said before. Most LEOs aren't gun people. They don't care about gun laws except as it pertains to their use of one as a daily tool of the job.