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.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.