Close call...
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Thread: Close call...

  1. #1
    Join Date
    May 2011
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    Orlando, Florida, United States
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    15

    Close call...

    Being new here, I thought I'd share a quick story-years ago, I entered a conv store with my .38 in the small of my back. Had on an opened button down with a tucked in T-shirt..when i got out of my car, I made sure to pull shirt down in the back to make sure i was covered, but I wasn't. Walked into the store, shopped for a minute, then at the counter I was surprised to hear from another "patron" to 'let me see your hands', as he drew down on me. It was an off duty LEO who was pointing his SIG at me. After being checked out and given a reaming about unlawful display, which was bogus because it wasn't intentional, Leo let me go on my way with a warning. He said he would have arrested me if he wasn't on his way home. Instead of arguing, I thanked him and promised it wouldn't happen again. Fla statutes are worded to say "displayed in a rude careless or threatening manner." While indeed careless, it wasn't reckless. It changed how I carry forever. I'm proud to carry, but don't want to be a cop's mistake. Carry on. Carry safe.

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  3. #2
    Join Date
    Apr 2011
    Location
    Sandpoint, Idaho
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    Pssst! Oldgrunt! Quick! Hunker down behind these sandbags with me. Someone is going to start throwing poo and hand grenades...I can just sense it with my girlpowers.

    Did you bring snacks? I didn't have any breakfast.

  4. #3
    Join Date
    Feb 2011
    Location
    St. Petersburg, Florida
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    76
    Well, with the new wording on the law that wont happen in the future. Some LEOs dont have any common sense when to be harsh on people. You made an honest mistake and all he needed to say was your weapon is showing; after identifying himself as a LEO of course. Drawing on you was way out of line.

  5. #4
    Join Date
    Mar 2011
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    Somewhere, Texas, United States
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    246
    Quote Originally Posted by localgirl:202655
    Pssst! Oldgrunt! Quick! Hunker down behind these sandbags with me. Someone is going to start throwing poo and hand grenades...I can just sense it with my girlpowers.

    Did you bring snacks? I didn't have any breakfast.
    I thought girlpowers were only available once a month...

  6. #5
    Join Date
    May 2011
    Location
    Orlando, Florida, United States
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    15
    Like I said, it seemed bogus and over the top, but I didn't want to argue with a cop..he did identify himself properly and I did see his badge.....It all taught me one thing.....concealed carry means just that..Conceal at all costs. It will not happen again. Carry on.

  7. #6
    Join Date
    Jun 2010
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    Colorado Rocky Mountain High
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    3,900

    Girl Power



    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  8. #7
    Join Date
    Mar 2011
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    State of Confusion
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    Quote Originally Posted by TheDanimal View Post
    Being new here, I thought I'd share a quick story-years ago, I entered a conv store with my .38 in the small of my back. Had on an opened button down with a tucked in T-shirt..when i got out of my car, I made sure to pull shirt down in the back to make sure i was covered, but I wasn't. Walked into the store, shopped for a minute, then at the counter I was surprised to hear from another "patron" to 'let me see your hands', as he drew down on me. It was an off duty LEO who was pointing his SIG at me. After being checked out and given a reaming about unlawful display, which was bogus because it wasn't intentional, Leo let me go on my way with a warning. He said he would have arrested me if he wasn't on his way home. Instead of arguing, I thanked him and promised it wouldn't happen again. Fla statutes are worded to say "displayed in a rude careless or threatening manner." While indeed careless, it wasn't reckless. It changed how I carry forever. I'm proud to carry, but don't want to be a cop's mistake. Carry on. Carry safe.
    Damn! I don't think the cop should have drawn on you. If your shirt is riding up that's not intentionally displaying in a rude or threatening manner. Also, most perps don't use a holster. They want to throw the gun during the foot chase and have no evidence that they were armed. Generally perps carry "Mexican" or in the pocket. The presence of the holster should have told him something. I think he was way out of line.
    GOD, GUNS and GUITARS

  9. #8
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
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    3,004
    A couple of years ago got out of valet parking of car with wife, jacket rode over weapon, police officer at door said " your weapon is showing, first inkling was to zip up, he noticed I was checking zipper and said " your pistol" every time I step out of car I double check.

  10. #9
    Quote Originally Posted by TheDanimal View Post
    Being new here, I thought I'd share a quick story-years ago, I entered a conv store with my .38 in the small of my back. Had on an opened button down with a tucked in T-shirt..when i got out of my car, I made sure to pull shirt down in the back to make sure i was covered, but I wasn't. Walked into the store, shopped for a minute, then at the counter I was surprised to hear from another "patron" to 'let me see your hands', as he drew down on me. It was an off duty LEO who was pointing his SIG at me. After being checked out and given a reaming about unlawful display, which was bogus because it wasn't intentional, Leo let me go on my way with a warning. He said he would have arrested me if he wasn't on his way home. Instead of arguing, I thanked him and promised it wouldn't happen again. Fla statutes are worded to say "displayed in a rude careless or threatening manner." While indeed careless, it wasn't reckless. It changed how I carry forever. I'm proud to carry, but don't want to be a cop's mistake. Carry on. Carry safe.
    In the bold and underlined part of your post you admit to breaking the law. The statute does not say "rude, careless, angry, and threatening manner". What does the statute actually say?

    Statutes & Constitution :View Statutes : Online Sunshine

    790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    The conjunction in the statute is "OR". Therefore, careless, by itself, causes the statute to be broken. You admit to careless. The police officer had probable cause to indicate that you were breaking the statute and exercised his discretionary ability to let you go with a warning vice issue you a citation.

    As you can see, making a simple statement as you did above CAN be an admission of guilt. Which is why any competent lawyer will tell you to not volunteer anything to the police, even if you have nothing to hide.... in this case.... your gun.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. #10
    Join Date
    May 2010
    Location
    land of the free, home...
    Posts
    17

    checkcheckcheck

    Did you even have your gun holstered? Couldn't tell from your story, kinda sounds like maybe not. As mentioned already, a "mexican carry" in a stop-n-shop will put most cops in a lather. As a legally armed citizen, I spot knuckle-heads carrying often enough, but if they are walking into a Sam's with their family, I don't pay them no mind. But seeing your situation, especially if you were not holstered, my hands would at the least be gripping my pocket BUG and my tazer.

    Hit-girl rules!! And she can keep the outfit on. Please. Pretty please.

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