We haven't been able to talk with him yet. I spoke with the booking officer and asked what charge was filed. He said, unrestrained firearm, felony, that is all I could get from him. Hopefully I will hear it all Sunday.
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florida law
- Thread starter hunterofopportunity
- Start date
America is ****ed.. I don’t care what you say
I hear that as of July 1, Florida's increasingly liberal, anti-gun legislature has repealed the state's preemption law and allowed cities and counties within FL to make their own, stricter, gun laws.
Could your son have been arrested for violating such a local ordinance, passed in the last couple days?
Could your son have been arrested for violating such a local ordinance, passed in the last couple days?
I will update as soon as I find out.
I heard Florida's laws were way stricter. If you carry, it can't even bulge or print. And I'm not trying to deep conceal anything...
Florida is NOT gun friendly.
The definition of what he seems to have violated is:
790.001(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container.
Here is the state statute he seems to have violated by carrying the firearm openly:
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.
Simply put, if the gun was in a snapped holster, a case, or in the glovebox, or console, he’d be good under state law.
I left Florida 10 years ago, but when I was there this was a third degree felony. Now, it appears to have been dropped to a misdemeanor punishable by a maximum of less than 12 months. A good attorney can help with this.
If he is charged with a City ordinance, the city can be held liable.
“Amid a legal battle that could be decided by the Florida Supreme Court, Gov. Ron DeSantis has signed a measure that will ratchet up a ban on local gun regulations.
DeSantis signed the bill (SB 1884) on Friday after the Republican-controlled Legislature passed it in party-line votes late last month. The bill, which will take effect July 1, will broaden a 2011 law that can make local governments pay as much as $100,000 in damages if they are sued for imposing gun regulations.
Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, and the penalties in the 2011 law were designed to strengthen that “preemption.””
So, if he was charged with violating a city ordinance, he needs to sue the **** out of the city.
790.001(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container.
Here is the state statute he seems to have violated by carrying the firearm openly:
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.
Simply put, if the gun was in a snapped holster, a case, or in the glovebox, or console, he’d be good under state law.
I left Florida 10 years ago, but when I was there this was a third degree felony. Now, it appears to have been dropped to a misdemeanor punishable by a maximum of less than 12 months. A good attorney can help with this.
If he is charged with a City ordinance, the city can be held liable.
“Amid a legal battle that could be decided by the Florida Supreme Court, Gov. Ron DeSantis has signed a measure that will ratchet up a ban on local gun regulations.
DeSantis signed the bill (SB 1884) on Friday after the Republican-controlled Legislature passed it in party-line votes late last month. The bill, which will take effect July 1, will broaden a 2011 law that can make local governments pay as much as $100,000 in damages if they are sued for imposing gun regulations.
Florida since 1987 has barred cities and counties from passing regulations that are stricter than state firearms laws, and the penalties in the 2011 law were designed to strengthen that “preemption.””
So, if he was charged with violating a city ordinance, he needs to sue the **** out of the city.
Not yet. As of 2 weeks ago, they’ve asked the FL Supreme Court to rule on this law:
§790.33 Florida Statutes - Field of regulation of firearms and ammunition preempted
"Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void."
