puncho

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?

jwhite75

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

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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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JerryM

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

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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A1C Zachary Huber, USAF TACP, 20th ASOS, is currently serving in Afghanistan providing CAS for the 10th Mountain Division.

chad2000

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.

Sub Hunter

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!!!

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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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puncho

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.

mkh

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