Here's one to watch - Reporter with CCW arrested on school property (merged)

This is a discussion on Here's one to watch - Reporter with CCW arrested on school property (merged) within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by MattLarson Correct - those who are licensed are punished as provided in 790.06. Which means that the prohibition in 790.115 absolutely applies ...

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Thread: Here's one to watch - Reporter with CCW arrested on school property (merged)

  1. #31
    Member Array Hawk's Avatar
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    Quote Originally Posted by MattLarson View Post
    Correct - those who are licensed are punished as provided in 790.06.

    Which means that the prohibition in 790.115 absolutely applies to CWFL holders (as I noted in my original post), but a CWFL holder isn't charged with a felony for mere possession, but rather a misdemeanor.

    Your previous assertion that one may lawfully carry on school property is absolutely incorrect.
    I definately get your point (don't unconditionally agree), but I think its arguably a grey area and wouldn't bet money on it either way, nor would I want to be the test case. It would be a lot clearer if the language of the two statutes was the same (with regard to defining facilities).

    I really do think it comes down to determining what a facility is, as well as the intent of the law. Fortunately Florida has been pretty good about clarifying vagaries - maybe we should write and ask for lawmakers to review (and send an inquiry to the State's Attorney in the meantime)? Not to get off topic, but I wonder how many other "grey areas" there are.

    Maybe we can get them to determine what the definition of "Is" is at the same time!

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  3. #32
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    LOL

    Yeah, there is a bit of grey area here - and I fully agree about not wanting to be the test case.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  4. #33
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    Anybody wanna bet that all charges are dropped?
    Last edited by HotGuns; October 25th, 2007 at 01:14 AM. Reason: cant speak or spell
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  5. #34
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    Quote Originally Posted by HotGuns View Post
    Anybody wanna bet the all charges are dropped?

    HotGuns - Now that's a bet I definitely think you would win!

  6. #35
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    Quote Originally Posted by lr_01 View Post
    I agree that the law needs to change but, isn't it also a federal law???
    No. See: Utah
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    martyr is a fancy name for crappy fighter
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  7. #36
    Distinguished Member Array Colin's Avatar
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    I can see that the other cops aren't so sure about all this and take a backup role. The big boy LEO is going to be cooking in his own juices I suspect. I bet he is doing the "Hatless carpet dance" in front of his Commanding Officer.




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    correction: Martyr is Arabic for "crappy fighter"

  8. #37
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    No doubt the media panjandrum will be treated differently from regular folks. Bet he does lose his CCW.

  9. #38
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    .Bet he does lose his CCW
    Not if the charges are dropped.
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  10. #39
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    Here is the raw video of the incident:

    http://www.local10.com/video/1441374...x.html?taf=mia

    Interesting - it seems it will all come down to whether the sidewalk constitutes part of the school property for the purposes of 790.115.

    There is a 500 foot "school safety zone", but it would appear that a reporter on assignment would have "legitimate business".

    810.0975 School safety zones; definition; trespass prohibited; penalty.--

    (1) For the purposes of this section, the term "school safety zone" means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.

    (2)(a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone.

    (b) During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone. Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    (c) Any person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in this section shall be construed to abridge or infringe upon the right of any person to peaceably assemble and protest.

    (3) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone.
    It will be interesting to see how this plays out.

    With regard to the CCW, I think if I were deliberately going to be arrested, I'd probably disarm first and leave the firearm in the vehicle....

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  11. #40
    Ex Member Array FN1910's Avatar
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    I can't really say the he had legitimate business unless he had permission which it appears that he did not.

    is engaged in harassment or intimidation of students entering or leaving school property,
    They can probably get him on this technicality because any time I see a reporter they are harassing and intimidating.

    It will be interesting to see if the 500' deal applies to CCW and if it does sounds like the reporter did indeed violate it. Just glad he is the test case instead of me.

  12. #41
    VIP Member Array tns0038's Avatar
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    Regardless, right or wrong, being arrested for a felony and held in the county jail is no picnic. Having to hire an attorney means paying out at least $3,000 upfront, and having to take time off from work to attend hearings. Even if the DA drops charges, he will still have a felony arrest on his record that can hurt when applying for a job, and can cause him to lose his concealed weapon license.

    While the reporter was within his full rights of doing that report on school grounds, he should have disarmed by leaving his sidearm in the van, before doing the report. And when the deputy advised him to leave he should have thought about the fact that “he had a concealed weapon”, and took the officers advice. Then after disarming, if he wanted to push the “press pass” issue he could have returned to finish up the story.

  13. #42
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    Quote Originally Posted by tns0038 View Post
    And when the deputy advised him to leave he should have thought about the fact that “he had a concealed weapon”, and took the officers advice. Then after disarming, if he wanted to push the “press pass” issue he could have returned to finish up the story.
    I was wondering about this too. He even said on camera that he expected to get arrested. Maybe he didn't want to risk getting his camera-man in trouble for driving the van back with a gun in it. Does FL have provisions for unlicenced car carry? Unloaded, secured in the back?
    "A well-educated electorate, being necessary to the continuance of a free state, the right of the people to keep and read books shall not be infringed."
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  14. #43
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    Unlicensed car carry is lawful in FL.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  15. #44
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    In the 8 minute video I never heard mention of a concealed weapon. I can see maintaining order, but the officer(?) seemed to be escalating the situation.
    In MHO the uniformed one should have picked another (winnable) battle...

    BTW Let the cameras roll, just don't let the bad guys edit it for you...

  16. #45
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    Quote Originally Posted by Bob The Great View Post
    Does FL have provisions for unlicenced car carry? Unloaded, secured in the back?
    Anyone can lawfully carry in the vehicle cab in Florida, loaded - provided it is properly secured in a holster. I don't know the specifics of the statute, but I believe there is a general guideline that there should be "three-steps" to drawing your weapon (ie. Open glove-box, remove pistol, draw from holster) - pretty sure that is a just a guideline and not statutory.

    Can someone provide the relevant statute?

    BEFORE I GET SLAMMED: By "Anyone" I mean anyone that can legally posses a firearm - not "Anyone" as in a felon, 6 year old, etc...

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