Yes I know, but he didn't think about it.
-
ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info
florida law
- Thread starter hunterofopportunity
- Start date
good luck
Find a former prosecutor from the municipality where your son was charged to represent him. It'll cost you/him a few extra bucks. But he might get lucky and get it tossed, or at least pled down. Don't ask how I know.
Holy crap...what a stupid law. I thought Florida was gun friendly? Hope it works out for your son. The only thing stupid is what America has become.
That "small amount of weed charge" from a dozen years ago should not make him ineligible for a GWL.
Only if there's that AND a bunch of other stuff on his criminal history, might a judge fairly come to the conclusion that he's not "of good moral character" (whatever THAT means). But a misdemeanor drug offense from long ago isn't a disqualifier. Back several years ago, it may have disqualified him for 5 years after his sentence was fully ended (including the end of any probationary period). But that time frame is long over now.
Has he considered applying for a GWL again, here in GA?
Only if there's that AND a bunch of other stuff on his criminal history, might a judge fairly come to the conclusion that he's not "of good moral character" (whatever THAT means). But a misdemeanor drug offense from long ago isn't a disqualifier. Back several years ago, it may have disqualified him for 5 years after his sentence was fully ended (including the end of any probationary period). But that time frame is long over now.
Has he considered applying for a GWL again, here in GA?
I will be inquiring about this first thing after this mess, thanks.
Florida's "third degree felony" crimes are real felonies that would trigger a lifetime ban on possessing any guns or ammo. I'd take this really seriously and make sure he's got a good Florida criminal defense lawyer.
Especially if he'd have been perfectly legal to have that gun in the glove box or center console or other closed container or compartment, but just not on the seat next to him. It's crazy for such a small and insignificant (tactically and from a public safety perspective) choice of weapon storage location to have such a big difference on how the criminal justice system treats you.
Especially if he'd have been perfectly legal to have that gun in the glove box or center console or other closed container or compartment, but just not on the seat next to him. It's crazy for such a small and insignificant (tactically and from a public safety perspective) choice of weapon storage location to have such a big difference on how the criminal justice system treats you.
Thanks for the advice, that's the plan however expensive it may be.
So, what Code section (full number with decimal point and all the digits) is he charged with violating?
I see one Florida law that talks about car carry, and while it says Florida's other gun laws don't apply if you're carrying a gun, even a handgun, properly stored / secured in a motor vehicle, it doesn't actually CREATE that crime of improperly transporting an unsecured gun, openly.
All the cases I read about in a quick Google search for handgun arrests in Florida involved carrying a concealed weapon. Since the gun was not concealed, he couldn't have violated THAT law.
Maybe what he actually did wrong is best described as the crime of openly carrying a handgun (in his car) without any license. Now, wouldn't that mean that THIS law applies?
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
I see one Florida law that talks about car carry, and while it says Florida's other gun laws don't apply if you're carrying a gun, even a handgun, properly stored / secured in a motor vehicle, it doesn't actually CREATE that crime of improperly transporting an unsecured gun, openly.
All the cases I read about in a quick Google search for handgun arrests in Florida involved carrying a concealed weapon. Since the gun was not concealed, he couldn't have violated THAT law.
Maybe what he actually did wrong is best described as the crime of openly carrying a handgun (in his car) without any license. Now, wouldn't that mean that THIS law applies?
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
