Saturday, January 19, 2013

Florida Deputy Threatens to Shoot Concealed Carry Permit Holder in the Back During Traffic Stop

Joe Wright
Activist Post

"Land of the Fee and Home of the Slave" has rarely been more appropriate than the following video from Florida.
Citrus County Florida Deputy Andy Cox threatens to shoot concealed carry licensee for lawfully carried handgun & then arrests him for accidental exposure. (Source)


According to usacarry.com, the gentleman harassed and terrorized in this video would be subjected to the following fees and conditions in order to obtain and use his permit. Please read the requirements below and determine for yourself if Deputy Andy Cox was correct in his interpretation and treatment of this concealed weapon permit holder.

NICS/Background Check:
There is a background check but not NICS. Your permit is currently issued by the Department of Agriculture which is not a law enforcement agency, and therefore cannot do the NICS check required by federal law. Only “law enforcement agencies” can access NICS, and therefore the federal exemption that normally applies to concealed weapon permits, does not apply to those issued in Florida.


Permit Valid For:
Permit valid for seven (7) years from date of issue.

Cost:
$112

Requirements:
All paperwork for your permit may be requested via mail for free:

http://licgweb.doacs.state.fl.us/FORMS/FormsRequest790.html

1. You must be 21 to get a concealed carry permit.
2. Have a passport-style, color photograph made.
3. Get verification of training that satisfies the training requirement. NRA, DD-14, state training course, etc. . Persons serving in the United States Armed Forces may submit a copy of their Military ID Card to satisfy the training requirement.
4. Get certified copies of court documents relating to any criminal charges against you.
5. Take the fingerprint card to a local law enforcement agency and ask to be fingerprinted. In addition to providing fingerprinting services for the traditional “hard-card” format, electronic fingerprint devices are available at almost all 67 county sheriff’s offices in the state. Visit the Electronic Fingerprints Information page to learn how Live Scan fingerprinting saves processing time.* http://licgweb.doacs.state.fl.us/CWCS/elecfingerprintinfo.html
6. Complete the application. Either print clearly with ink or type the information.
7. In the presence of a notary, sign application.**
8. Submit a check or money order for the license fee of $117

* Electronic fingerprinting can dramatically reduce the permit approval time.

** Some concealed carry courses have a notary available at the time of the class

Required Documents:
1. Application form
2. Passport photo
3. Training verification

Renewal Information:
$65 – Florida Resident
$30 WR license – retired Florida Law Enforcement and a Florida resident
$107 – Out of state resident ($65 renewal and $42 fingerprint card fee)

Change of Name or Address:
Replacement Florida Concealed Weapon Permits cost $15.

Lost, Stolen, or Damaged Permits:
Replacement Florida Concealed Weapon Permits cost $15. If you have a stolen license and have a police report indicating the license was in the stolen content the replacement is free.

Informing Law Enforcement of Carry:
Informing law enforcement is required upon demand. (emphasis added)

Automobile carry:
You may carry your weapon on you or in a “securely encased” state.

Places off-limits when carrying:
1. any place of nuisance as defined in s. 823.05
2. any police, sheriff, or highway patrol station
3. any detention facility, prison, or jail; any courthouse
4. any courtroom*
5. any polling place
6. any meeting of the governing body of a county, public school district, municipality, or special district
7. any meeting of the Legislature or a committee thereof
8. any school, college, or professional athletic event not related to firearms
9. any school administration building
10. any portion of an establishment licensed to dispense alcoholic beverages for consumption*
11. any elementary or secondary school facility
12. any area technical center
13. any college or university facility*
14. inside the passenger terminal and sterile area of any airport*
15. any place where the carrying of firearms is prohibited by federal law

Deadly Force / Castle Doctrine:
Florida is a Castle Doctrine state and does have a stand-your-ground law.

Open Carry:
Prohibited in all public areas.

Localities with Varying Laws:
Florida has pre-emption, localities are prohibited from enacting more stringent laws.

Forms & Links:
NRA-ILA: Florida Gun Laws

Who issues Florida Concealed Carry Permits?

Department of Agriculture
Division of Licensing
Post Office Box 6687
Tallahassee, Florida 32314-6687
Phone: (850) 245-5691
Fax: (850) 245-5655

http://licgweb.doacs.state.fl.us/weapons/index.html

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67 comments:

Anonymous said...

And so it begins

Anonymous said...

This is the whole point to having the right to bear arms, so we can protect ourselves from those who would hurt us, and tyrants of the government (including but not limited to police).

Police have no right to ask us to disarm, they represent the whole reason we have a second amendment!!!

Who are you protecting yourself from? A congressman? No, the armed agents of government!!!

jacknichols5 said...

what a coward this deputy cox is, he threatened to shoot his prey in the back. Why does this fag loser even have a badge? Does he beat his wife as he thinks what a big tough man he is? That is of course assumes that he even has a wife. Probably not cowards and fag sissies are repulsed by women. What a shame this fag is for the department. Please fire this loser as soon as possible.

Anonymous said...

how come officers can use abusive language at citizens,, but we are arrested for so called verbal abuse if we talk to them in that manner!!

Anonymous said...

#1 Stay in the vehicle.
#2 Keep you hands on the wheel in plain sight.
#3 The FIRST WORDS out of your mouth should be "I am a concealed permit holder and I am carrying now."

If he had just done these 3 simple things, none of this would have happened.

Anonymous said...

From the beginning the Deputy's actions are uncalled for. He needs to be removed from his position immediately. Seems like a healthy lawsuit is also in order.

Anonymous said...

Citrus must be proud of how incompetent this moron masquerading as a police officer. I hope he sues the orange juice out of their bumbling department. This cop is a disgrace and should NOT be carrying a gun himself. This person was complying in every way. This is a disgrace!

Anonymous said...

He should have declaired he was a permit holder and carrying. However florida law also provides for a inadvertant display of a concealed firearm if there is no intent to do harm or the threat of harm. I.e. what happened here. I'm not sure I blame the cop for is actions tho. Guy who all of a sudden has a gun and then goes "oh I have a permit" after being caught with the gun. It could have all been avoid if he declaired his firearm (which you have to do when stopped.)

Activist said...

To the couple of anons above who mention that this man should immediately have declared he was a permit holder: I don't live in FL, but according to the requirements as posted to the site, there is this statement:
Informing Law Enforcement of Carry:
Informing law enforcement is required upon demand.

Upon demand. It doesn't say that a person must declare without being asked.

Thank you for your comments. J.W.

Zak Bush said...

I can understand that the officer was scared that he had a gun, but he was rude to someone who obviously wasn't a threat other than the gun. I'm sure that the situation could have been solved in another way which was beneficial to both of them, he could have asked politely and then told him that in future situations to tell the police he has a gun on him. Officers need to understand that the GOLDEN RULE also applies to them, we don't live in a slaveship or at least we shouldn't.

Anonymous said...

Funny how a regular citizen can show more restrain and common sense than a thug in uniform. and by the way the comment about shooting him in the back of the head.is that not a criminal act in it self?

james turner said...

This shows why we must return this country to constitutional govt. jamesturner dot 20fr dot com

Anonymous said...

That's not a police officer. That's a thug. He needs to find another job -- Walmart might still be hiring greeters....

Anonymous said...

Cop is about 80% in the wrong here and the concealed holder about 20%.

State protocol or not, it definitely would NOT HURT to simply inform a police officer you are (legally) packing heat very early in the conversation, reiterating it is not to startle the officer or make him feel threatened in case it is inadvertently flashed or discovered.

Cops reaction is entirely over-the-top though. A 100% compliant 50 or 60-something gentleman is "rewarded" with disgusting language, threats to be shot, and having sensationalized criminal charges brought against him??

The cop definitely needs some serious counseling, a weeks suspension without pay, and if he was due for a pay raise or promotion in the near future that should be entirely squandered. The embarrassment to himself and his department because of the distribution this video should be enough to scare him straight too.

Gentleman definitely needs to sue the Citrus Police, he won't be forgetting about THIS anytime soon!

Anonymous said...

Why should we have to bow down and kiss the hand of our masters, if they are not our real masters?

Are we a free people or are we not?

Anonymous said...

the law here in SC clearly states that if you are stopped by the police and are carrying, the very first words that MUST come out of your mouth is "I have a CWP and I am carrying right now" while your hands are in clear view as to not put the cop on alert...

I've even pulled mine out driving up to license checks and they just wave me on.

I think the driver screwed up, not the cop... how was that cop to know the drivers intention if the driver wasn't up front from the start...

in my CWP class the instruction repeatidly instructed us that it's the law for us to imediately tell any law inforcement agent that is either pulling us or questioning us that we have a cwp and are carrying upon confrontation.

it's the law here, and you'll end up just like this guy in the video if u don't follow it

cops get shot more often on traffic stops than anywhere else, if he sees a gun on you that you didn't inform him about I can see why he'd get his pannies in a wad real quick...

just tell them ahead of time people, the only time I can legally not tell him I have a CWP is when I'm not carrying a gun... then it's none of his business

Anonymous said...

Deputy was WRONG. I find stops go much better if the PP (person packing) hands his DL and CCL to the officer when the DL is requested. If the officer is nervous he will ask for the weapon, render it safe, and proceed with the stop. Most of the time the stop will turn into a discussion of guns and a warning will be issued. If the PP remains an a**hole then the tone of the stop changes for the worse.

Anonymous said...

You dont have to tell a police officer in Florida that your carrying but it might be safe to share that info they just said when they were trying to pass open carry the police and sheriff's department didnt want it to pass bit they said accidentally exposure wouldn't get you arrested and it dosent get you arrested . This jack ass cop should have a mental evolution and probably fired for theating the nice gentlemans life. As Easy E would say fuck the police

Anonymous said...

It's none of their business, stupid. Maybe tell them you were doing 47 in a 45 a few miles back too. Idiot.

Anonymous said...

Laws limiting the 2nd amendment or any other amendment are unconstitutional! Period! No laws can be written that supersede/limit the law of the constitution (10th amendment).

The 2nd amendment: "the right of the people to keep and bear Arms, shall not be infringed"!!!!!!!!!!!!!

The 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

From the Merriam-Webster dictionary:

Bear (as in the right to bear arms):
a : to move while holding up and supporting (something)
b : to be equipped or furnished with (something)

The states and the feds, can only write laws that are not already defined in the Constitution. The 2nd amendment does not have 2000 pgs of how you must act with your gun! It simply says you have the right to carry a gun anytime, and anywhere.

Unless congress amends the constitution to change the 2nd amendment. All these local and federal laws are simply illegal laws.

Why bother with a constitution if everyone is going to ignore it (intentionally or through ignorance)?

Anonymous said...

Florida, recently passed a law that inadvertently displaying a firearm is now legal. So this man better sue the hell out of that cop. And the cop needs to learn what the laws are before he gets into real trouble.

Joe Jones said...

Mistakes on BOTH sides. The van driver should have handed his CCW AND his driver's license to the officer. He failed to do so. Even so, the officer is an incompetent TWIT. "I'll shoot you in the back!" Are you kidding me? The cop swearing and cussing ... so UNprofessional. This cop needs some time off to LEARN HIS JOB. He has watched too many Bruce Willis movies! SHAME on this officer.

Anonymous said...

The man should sue the cop,sheriffs office and the county ! Even if he loses, the suite will be on the cops record everywhere he applies for a job, and a lawsuit for violating someone's rights are frowned on.

Anonymous said...

We are going to see more of this. There is a video of 2 ignorant dumb asses who shot a deputy in cold blood. They were later caught and and killed, in a shoot out. They give law abiding cc gun owners a bad name. The sherrif of that dep. Has started a campaign to inform other law enforcement, as he should. If I was a cop, I would be nervous also. No matter what the law says I can do, I will always identify myself as a cc gun owner to minimize the chance of this. MANY of our law enforcement are decent people and they want to get home to thier family as much as we do.

wishbone said...

your mr o'bama is going to push you into another civil war america, you fell for his BS and now he is going to try to disarm you and turn you all into slaves to a police state.

Anonymous said...

This is just another Nazi cop doing the bidding of his damned masters. He has way overstepped his bounds and basically assaulted an innocent man. The deputy's name, address, phone numbers, and family information need to go viral across the internet. Suing? Good luck...

Anonymous said...

Wow...So many constitutional scholars. I'm sure that SCOTUS members line up to ask how to interpret that old document. Down on this level a little common sense on both sides would have solved a lot of grief on both sides. "License and insurance please." "Yes sir and I have a CCL and am armed. Do you need to see my CCL too". Common sense alert!! "No, but please keep your hands where I can see them" OR "Hand over you weapon grip first. I'll return it when we're finished". Many other scenarios could work the same way. You may get a ticket, or not, but nobody gets their panties in a wad and no-one has to eat street.

Anonymous said...

I would like to know just what they are teaching these boys in cop school? How is it that more often than not cops are resorting to the shoot first, and ask questions later concept.
Those schools are turning our boys into hysterical girls by feeding them BS about crime statistics. Our violent crime rate has been going down steadily for the last 10 years, so why are our boys in black acting like little girls, so afraid that someone might just shoot them. The chances of this happening are now no greater than they have been during the last 40 years.
The sad part here is that those boys are generally too stupid to realize that the more they abuse those they are supposed to serve, they will be shot at with an ever increasing regularity.
Is this what you boys in black want? If you don't like getting into a scuffle, then maybe you should find another job where your life is not in danger.
AND Oh, by the way, your gun does not make you invulnerable !!!

Anonymous said...

Keep 'em coming LEO's. Keep 'em coming. Before long we won't know who side you're on.

Mark McCandlish said...

About two years ago, the son of a friend of mine, aviation writer Bill Scott, was shot by three cops just outside a COSTCO store in Las Vegas. He was a sales distributor for a pharmaceutical company and had a CWP and was carrying at the time. A limp-wristed milktoast employee of COSTCO saw him bending down to examine some camping equipment and his gun holster was momentarily exposed.

The employee called the cops, saying there was a "man with a gun" in the store. The cops arrived and a store-wide evacuation was started. As Scott and his girlfriend emerged from the store, the employee screamed, "That's him! That's the guy with the gun!!!" And all three cops immediately drew down on him.

He raised his hands as one cop told him to "Drop your weapon!" Another yelled, "Hands up!" and a third supposedly told him to get on the ground. He chose to disarm and said he was doing so. That he had a CWP. But the minute he reached for his weapon, they all emptied their guns into him-- in front of hundreds of witnesses.

The Coroner's inquest was a complete white wash, with witnesses claiming he pointed his gun at the cops. This is yet another example of how things can go terribly wrong when poor cop training and an hysterical public come face to face with a perfectly legal CWP citizen.

I've seen cops lie right to a judge's face in court on more than one occasion-- with impunity. I do not trust them any further than I could spit.

Anonymous said...

The deputy is an asshole. This deputy is a bully, a punk and a coward. asshole deputy andy cox-ucker

Anonymous said...

The reason that most of these deputies and cops act so agressively is that many of them are doing illegal steroids so that they can be big tough idiots.

Anonymous said...

I've never had a problem with an Officer,The First thing I say is I have a Permit to carry a Gun and I do have one on,or its in the car with me. The person from Florida was Wrong......

Anonymous said...

The cop was an ass, he was stupid for wearing his gun so low.

Anonymous said...

It would be helpful if we were informed of the outcome in court instead of having to read what all the above barn yard lawyers think. Could it be that the ruling of the court did not match with the agenda of the person posting this video?

Anonymous said...

A cops worst fear is being shot . ask any cop and he or she will tell you the best thing you can do is show them that its safe by putting your hands where they can see them and declaring that you are packing.Especially now days when the gun grabbers are in full swing. this nucklehead was pulled over for an expired tag and jumps out of his van with his holster wiggling. he is an idiot and doesn't deserve to have a carry permit. I am a strong supporter of the second amendment and cary so im not some lefty whack job .have a little empathy to the cops if you carry and get rid of the chip on your shoulders .

Tom said...

excuse me maybe the smart thing to do would have been to inform the officer HOWEVER

"Informing Law Enforcement of Carry:
Informing law enforcement is required upon demand. (emphasis added)"

It is NOT required, the smart thing to do would ALSO be for the LEO to ASK when he first comes up to his victim, its NOT the civilians fault the LEO did not do his job property (ask)

the LEO is 100% at fault and in the wrong here, Not only did he not ask, he threatened to MURDER the civilian, used abusive language, and was generally an ass!!! I hope he gets the crap sued out of him the sad thing is that the citizens will be the ones to pay for it in taxes

Rev. M. A. Divine said...

This by all means is a case of Total Abuse of Power by Citrus County Florida Deputy Andy Cox and Offensive, Abusive and Life Threatening Language unbecoming of a Law Officer against a Law Abiding Citizen. I truly believe that this Deputy, Andy Cox, needs to be Immediately Fired for his Abusive and Unlawful Actions concering this trafic stop before he actually hurts an innocent person. He appears to be a loose cannon and he most definitely appears to be in the wrong line of buisness!

Anonymous said...

You are incorrect Florida Department of Agricultural and Consumer services is the largest law enforcement agency in the state and does have law enforcement capabilities.

Anonymous said...

In a state where roughly 1 out of 18 people has a CCW License you would think the police would get used to it and realize that not every gun is held by a "bad guy." He showed no inclination towards the aggressive side through the whole process.

Anonymous said...

I live in Citrus County and we have a great Sheriff's department. Unfortunately, I think both were wrong. In Florida there have been many cops killed, so law enforcement folks are not taking any changes, plus there is a lot of drugs in our county. Deputy sheriffs also have families, so they err in the side of caution. This whole situation could have been avoided by simply letting the deputy sheriff know immediately that he had a conceal permit and that he was carrying. The deputy has no way of knowing if this person is working with a full deck, so he has to protect himself just in case. The language was uneccessary but there is no way to sugar coat an arrest. The officer has to be obeyed immediately or you become a threat to him. He doesn't have a crystal ball and he doesn't know if you are a responsible conceal carrier, or a nut.

Anonymous said...

First of all it didn't look like this guy was driving for compensation and unless he was committing a crime why did this drone stop this man which would be an illegal traffic stop.
Who the hell is training these road pirates any way?

Anonymous said...

A gun permit is no different than a Foid card in Illinois, The goons now know you have guns to confiscate when the S___ hits the fan and you have given them your Id numbers,address and your photo. Your the first ones taken out during a Marshal Law situation.

midnightwriter said...

Back in the day, police recognized citizens as human beings, deserving some dignity regardless of whether they were criminals or not. Now days many police act like dominating sadist and you have to lay on the ground ot risk being tazed, beat up or even shot if you don't comply quick enough. In other words treated like slaves. Why was he stopped?

Daniel Stein said...

Exactly.. the cop was completely wrong when it came to how he handled this. You can tell he's a rookie

OMO said...

OMG. What a joke.

Anonymous said...

The gun carrying citizen represents a conflict of interest to cops. With a well armed populace, who needs the police? The cop was probably subconsciously more fearful for his job security that the fact the guy had a firearm.

Also, rude, swearing, cops threatening to "shoot you in the back" is nothing new for minorities, so it's interesting to see that whites are now able to partake in that wholesome American experience; although, if the guy was black he probably would've been shot for not declaring he was armed.

I guess it's true what they say that America is an equal opportunity country, "equal" being that everyone has the "opportunity" to be harassed by city, state, and federal goons.

Anonymous said...

America is being run by psychopaths, from the top down there is no conscience, no mercy and no common sense.

Anonymous said...

In all fairness, the driver should have informed the officer immediately...that being said, the officer is still being a dick...

Anonymous said...

Cop should lose his job, he obviously is a power hungry idiot! Good that it's ALL on tape, because he is going to lose in court! Fucking A-hole!

Anonymous said...

NEVER, NEVER, NEVER trust a cop.

Anonymous said...

Protect and serve has become Harass and intimidate for most PDs. Yes Mr CoxSucker I hope you fail the background check at the position of wallyworld door harasser.

Anonymous said...

I opted to send the NRA the question about telling if you are armed or if you have to be asked. I want to know for myself in Florida. I don't remember & I didn't see it in the sections of the law dealing with concealed carry.
I also asked if they (NRA) knew about this incident & sent them the URL.
I can not imagine going through the ordeal, being cussed at by the deputy & threaten to be shot. Seriously, imagine going through what the man on the ground went through. He did state is had a CCW & the deputy seemed to be okay with that at first, then he went viral.
I couldn't sleep knowing that our law enforcers are that nasty & to be feared. It goes to show that our nation is in trouble locally as well as nationally. It infuriated me to see the man treated that way & with his wife witnessing the whole thing.
Maybe everyone needs to contact the NRA & other gun lobbyists to make sure they are aware.
I am going to send the URL to Governor Scott since the state legislation defeated the accidental exposure bill as it included open carry. They stated that law enforcement, judges & etc were to ignore accidental exposure. So much for that comment.

Anonymous said...

Ignorance of the law is no excuse regardless of whether it's a police officer or citizen. The founding fathers knew that the state could become tyrannical. That's why we have the right to bear arms. The man did not brandish the weapon. He had a permit and was willing to produce it on demand. Just because you have a badge doesn't authorize you to break the law. The officer should be reprimanded for his behavior.

Anonymous said...

Every one makes such a fuss about being able to bear arms.......The creators of the US Constution didnt just expect citizens to bear ares, but to use them if their goverment became tyrantical.

Dada said...

The deputy should be put on paid leave and not put back on duty until a full evaluation and anger management is done.

Anonymous said...

It is disheartening to see so many comments defending the actions of the deputy who so clearly violated the law. My bigger fear is that he may never have been reprimanded or fired. To Protect and Serve has lost all meaning in the law enforcement community. I say this as a former deputy myself. This is the kind of guy that gives the rest of us a bad name. Anyone who threatens the life of a law abiding citizen has no business being in law enforcement; much better suited as a mall security officer where he's armed with nothing more than OC and cuffs.

He WILL overstep again. This type of behavior is not a one time occurrence. Depressing.

Anonymous said...

All but a couple of comments here were made by fools, masquerading as conservatives!!

You would all blow a cork if they were writing laws about the 1st amendment left and right. But you say laws regarding the 2nd are fine.

So, here's a law I propose. All so called conservatives writing that any law is a good law when it concerns the 2nd amendment be limited to a 3x3 square yard free speech zone in the desert at least 20 miles away from everything.

Anonymous said...

Just say what ever NAZI boy, and sue them for all you can. Don't let them get away with it!

DannyB said...

What the hell does this have to do with the 2nd Amendment? In MO the first words out of your mouth are "I have a CCL and am carrying now". Done. Over. This video has nothing to do with Obama...or the 2nd freaking amendment. When you don't tell a police officer you have a gun on you, and he sees a gun...pretty much expect this reaction every time. Once he got his permit and could check it out, the problem should have been resolved with no charges.

Anonymous said...

If he had just updated his plate registration on time, non of this would have happened...

Bob Harrison said...

Florida is a concealed carry state. Officers are walking amongst armed citizens everyday.

The officer should have determined if the stop was routine, YES - do you have any weapons? YES - instruct citizen to face the vehicle. Ask, do you have a carry permit? YES - instruct citizen to pass permit behind his back. If valid, carry on with traffic stop.

Instead:

In this case the officer felt threatened once it was determined the citizen was armed. Than incorrectly determined the citizen had violated a concealed weapons law which warranted an arrest.

The officer then starts yelling commands punctuated by profanity, threatening the life of the citizen who hasn't made any threatening movements or raised his tone of voice. The officer being the sole person making the situation tense, unnecessarily putting the citizens life in danger.

Why was the officer threatened? Or did he create his own anxiety to the point he wasn't thinking logically, or did he merely see an opportunity to harass a concealed carry citizen, in hopes he would think twice before carrying a gun.

Seems odd, the officer was so concerned that the citizen was armed though he never removed the weapon.

I'm disappointed that the officers superior did not check gun display laws. To find no law was broken. In this case, you give him a warning for an expired decal, returned his weapon and apologize for being incorrect and the inconvenience.

I would sue the department based on what I've seen for all damages and expenses incurred.

Bob Harrison said...

Florida statutes:

790.053 - (extracted)
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.

Florida statutes
790.06 (12)(a)

15. Any place where the carrying of firearms is prohibited by federal law. (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

Florida statutes
790.01 (1)

The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.

Bob Harrison said...

Florida statutes:

790.053 - (extracted)
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.

Florida statutes
790.06 (12)(a)

15. Any place where the carrying of firearms is prohibited by federal law. (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

Florida statutes
790.01 (1)

The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.

Anonymous said...

Florida is a concealed carry state. Officers are walking amongst armed citizens everyday.

The officer should have determined if the stop was routine, YES - do you have any weapons? YES - instruct citizen to face the vehicle. Ask, do you have a carry permit? YES - instruct citizen to pass permit behind his back. If valid, carry on with traffic stop.

Instead:

In this case the officer felt threatened once it was determined the citizen was armed. Than incorrectly determined the citizen had violated a concealed weapons law which warranted an arrest.

The officer then starts yelling commands punctuated by profanity, threatening the life of the citizen who hasn't made any threatening movements or raised his tone of voice. The officer being the sole person making the situation unnecessarily tense, jeopardizing the life of a citizen.

Why was the officer threatened? Or did he create his own anxiety to the point he wasn't thinking logically, or did he merely see an opportunity to harass a concealed carry citizen, in hopes the citizen would think twice before carrying a gun.

Seems contradictory, that the officer was so threatened that the citizen was armed, though he never removed the weapon.

I'm disappointed that the officers superior did not check gun display laws. To find no law was broken. In this case, you give him a warning for an expired decal, returned his weapon and apologize for being incorrect and the inconvenience.

I would sue the department based on what I've seen for all damages and expenses incurred.

Florida statutes:

790.053 - (extracted)
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.

Florida statutes
790.06 (12)(a)

15. Any place where the carrying of firearms is prohibited by federal law. (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

Florida statutes
790.01 (1)

The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.

Anonymous said...

Not in Florida. You are not requiered to state you are armed. In his situation it would have been smart considering where it was placed and how it was concealed.

Anonymous said...

I love how the cop says right at the very beginning after he threatens to shoot the guy "I don't care if he has a permit!"

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