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; The statute involved is 790.25: (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the ...

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

  1. #46
    Senior Moderator
    Array MattInFla's Avatar
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    The statute involved is 790.25:

    (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;
    "Securely encased" means in a closed container off the body. There is no "three step rule", although it is a common misconception.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
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  3. #47
    Member Array Hawk's Avatar
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    Quote Originally Posted by MattLarson View Post
    The statute involved is 790.25:



    "Securely encased" means in a closed container off the body. There is no "three step rule", although it is a common misconception.

    Matt
    Does a holster count as a "securely encased"? As an example; would a snapping holster on the seat next to you be ok?

  4. #48
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    According to Jon Gutmacher's Florida Firearms, a snapped holster does qualify as "securely encased" because you have to manipulate the holster to access the firearm, and the firearm cannot be fired from within the holster. (pp 79)

    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.

  5. #49
    Member Array MnemonicMonkey's Avatar
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    This keeps getting better. They now have up a video clip with the reporter's attorney. According to him, FL law allows carry within 1000', but not on school grounds.

    BUT GET THIS: The police claim he was carrying illegally because he had his gun tucked into his belt. In the video, they cut to a clip of his "holster" . . . A SMARTCARRY!!! How is that not a holster?!?

    And (according to news 10 reporter) the arrest affidavit never mentions him being on school grounds. This makes me think that the police were trying to enforce the school safety zone. This is where the "legitimate business" will come into play.

    Where he may get into hot water is with his employer. Apparently he never cleared it with his boss like he was supposed to.

    Moral: If either of these guys had deflated their egos just a little bit, and shown a little more courtesy, none of this would have happened.
    "Lord, help me to be the person my dog thinks I am."

  6. #50
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    The police claim that one must carry in a holster to be lawful is utter nonsense, and demonstrates a profound ignorance of the law.

    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.

  7. #51
    Senior Member Array Musketeer's Avatar
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    Looks like the reporter will win this round. Word of caution to LEOs, always be wary of a reporter with a camera who calims to know his rights... far better to call a superior for guidance than to be the officer on camera cuffing the reporter without proper justification.

    Since reporters are usually NOT a lethal threat there is no harm in being patient and certain.

  8. #52
    Member Array Hawk's Avatar
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    Question

    Can anyone in the Tampa area update us on this?? I would imagine that the facts (as we have heard them) should allow for a quick resolution.

    Iam really intrigued by this situation!

  9. #53
    Member Array JungleJim's Avatar
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    Officer McDoughnut must have been on a major sugar buzz, he had no business arresting someone, even if he was a reporter, for being on a public sidewalk.
    The cop was being a nice enough guy, re not a hard ass, but he was wrong.

  10. #54
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    Quote Originally Posted by HotGuns View Post
    Anybody wanna bet that all charges are dropped?
    After watching the vid...(good thing it's on tape)

    I strongly agree here...
    I've worked in school admin most of my life...the reporter did nothing wrong. He was NOT on school property.
    I have kept reporters out of the school, and off school grounds...the side walk is NOT considered school grounds...especially in this situation, the grounds are clearly delineated by a brick wall and fence.
    This arrest served no purpose...this kind of activity just gives 'real authority' a black eye.
    The LEO with the 'doughnut belt buckle' was a disgrace to many other LEO's (OMO)...he appeared to be more concerned about the camera than anything else...WHY?...

    This was a B.S. arrest...it will NEVER stick.
    The cop should have spent better time directing traffic and helping the students cross the street...he might just be doing the 'crosswalk' thing when this is over!
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  11. #55
    Member Array Hawk's Avatar
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    Still interested in an update: Anyone in the area seen anything on this?

  12. #56
    Member Array Arisin Wind's Avatar
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    http://www.miamiherald.com/418/story/286722.html


    Armed Channel 10 reporter off the air
    By JOAN FLEISCHMAN
    jfleischman@MiamiHerald.com
    Jeff Weinsier has been suspended for two weeks
    WPLG-10
    Jeff Weinsier has been suspended for two weeks

    W PLG-ABC 10 investigative reporter Jeff Weinsier is suspended for two weeks -- for violating company policy by carrying a gun without permission. Miami-Dade Schools police arrested Weinsier last Tuesday at Miami Central High on charges including trespassing and possession of a firearm on school grounds. Weinsier, 40, was on assignment.

    On Friday, he apologized in an e-mail to station colleagues: '' . . . I realize that I used poor judgment in my decision to carry a firearm while conducting business for WPLG,'' he writes.

    He never brought the gun into the station's newsrooms, he adds. ''The decision of ``carrying'' was made following a threat . . . against me and my family while shooting a 'Dirty Dining' segment.'' He got the .38 revolver after completing a firearms safety course, and has a concealed weapons permit.

    He maintains he had the right to be on the school sidewalk. ``Management agrees.''

    His attorney, Mark Eiglarsh, filed a not guilty plea. ``He did nothing wrong.''

  13. #57
    Distinguished Member Array Bob The Great's Avatar
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    heck, I'd take the 2-weeks vacation and carry the first day back, while I pursued official written "permission" to defend myself.
    "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."
    Is this hard to understand? Then why does it get unintelligible to some people when 5 little words are changed?

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