florida man detained in maryland for owning gun (not carrying)

Discussion in 'Too Hot for Swamp Gas' started by dgosche, Jan 15, 2014.

  1. DaveFla
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    DaveFla Well-Known Member

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    I believe that's what he was saying as well.
  2. malligator
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    malligator Well-Known Member

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    Instead of cancelling his CCW he needs to get a gun bigger than .380 Auto and take his wife to the range. She needs to learn not to be scared of it.
  3. helix139
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    helix139 Premium Member

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    Wonder how the cop knew he was a gun owner? 4473's are not supposed to be usedas a registry and your FL CCW permit is also not supposed to show up when they scan your driver's license.
  4. anstro76
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    anstro76 Well-Known Member

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    when i worked in a bar many would keep It right behind their id's. spotted many myself that way. just a possibility.
  5. HallGator
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    I'm still confused on why they were tailing him. Kind of seemed like they were profiling him from the sound of it.
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  6. asuragator
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    asuragator Well-Known Member

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    Who knows if they were actually tailing him? This wasn't the most unbiased reporting.
  7. HallGator
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    True dat!
  8. Gatormb
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    Gatormb Well-Known Member

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    o_O

    They don't like liberals in Ga. Can smell them from a mile away.

    I kid.
  9. Gatormb
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    Gatormb Well-Known Member

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    I carry my 357 loaded in my console in a holster. No CWP. Help me out. Believe I'm legal because it takes two moves to get to it. Ten plus years ago I was told by local Sheriff I was good to go. any thing changed?
    O
  10. helix139
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    helix139 Premium Member

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    2 moves might be good practice but legally holds no weight. The law simply states that it must be "securely encased." It then goes on to define securely encased. You should be ok as long as your console has a lid or your holster is snapped and as long as it is not in plain sight.
  11. asuragator
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    asuragator Well-Known Member

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    ...and as long as he doesn't give police permission to search his car should he be stopped and they request to do so :)
  12. gatorev12
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    gatorev12 Well-Known Member

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    Ridiculous. I echo the person who suggested that the police department needs to be sued until it hurts.

    In a normal job, such an epic eff-up would mean instant termination. For cops, they probably get suspended with pay and then a raise.
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  13. helix139
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    helix139 Premium Member

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    He should be ok even then, as he would be legally transporting a handgun. That said, it's none of their damn business and he should never consent to a search. If they have probable cause, they don't have to ask permission. If they don't have probable cause or reasonable suspicion (refusing a search is neither, and a routine traffic violation is neither. They can only detain you long enough to write the ticket) then they can't detain you either and you should ask if you're free to go.
  14. Gatormb
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    Gatormb Well-Known Member

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    Thanks. In console (not open), in holster, snapped.
  15. helix139
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    helix139 Premium Member

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    You're good with either of the above as long as the gun is not in plain sight. Both is perfectly fine, but not needed by law. FWIW, I'd suggest going ahead and getting the CWP. Pretty easy process and if you are pulled over there is a lot less chance you will be hassled. You're currently in the right by law but many cops are not well versed on the law and they tend to regard CWP holders as good guys rather than possible nutjobs with guns that may shoot them. You also have the benefit of not having a wait period when you buy a gun that is not a long gun.

    If you are pulled over, do not under any circumstances use the word gun, or you risk getting drawn on. You do not have to disclose that you have a weapon but if it ever gets to a point where your car is going to be searched you want to disclose it before the search begins by saying something like "officer, I am transporting a legally owned firearm in my vehicle in accordance with florida statute 790.25(5). It is securely encased in xxxx location as per florida statute 790.001(17)." If you had a concealed, I'd recommend handing the officer the CWP with the driver's license which you should have ready when they approach the car, and stating that you are licensed and you are carrying. It's not required but will generally get you good guy points.
  16. DaveFla
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    DaveFla Well-Known Member

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    According to this, what you say is NOT true...

    Plus, the firearm must be unloaded and the ammunition must be "either locked out of reach in the trunk or in a locked container other than the glove compartment or console".

    http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx
  17. helix139
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    helix139 Premium Member

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    That's for interstate transport (i.e. between Florida and another state where you are legally allowed to possess the firearm). For transport within the state of Florida only, the state laws I referenced apply, not the federal one you listed.

    For interstate transport, you can go either by FOPA or by the local laws of the state you are currently traveling through if they are more lenient (i.e. if you're traveling through Georgia and have a Florida CWP, you can have it concealed on your person while in Georgia, or if you're traveling through Arizona then you can carry it openly on your person while in Arizona)

    I should note that many officers in gun-hostile states and municipalities are ignorant of FOPA, sometimes willfully. Expect to get hassled if you travel through Chicago, NYC, or DC with a gun and get stopped.
    Last edited: Jan 17, 2014
    • Informative Informative x 1
  18. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    I was a white dude in an SUV, who was probably still registered as a Republican at the time. His sense of smell must have been very keen.
  19. DaveFla
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    DaveFla Well-Known Member

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    The "Obama 2008: Hope and Change" bumper sticker likely gave you away.
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  20. DaveFla
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    DaveFla Well-Known Member

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    I see. Thanks.

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