First Law Enforcement (LEO) Concealed Carry Weapon (CCW) encounter
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Thread: First Law Enforcement (LEO) Concealed Carry Weapon (CCW) encounter

  1. #1

    First Law Enforcement (LEO) Concealed Carry Weapon (CCW) encounter

    I had my first encounter with a LEO since I began carrying a year+ ago. I was not paying attention after picking up my kid at school and after leaving the school and turning on the next street I accelerated to above 34 in a school zone. I handed the officer my lic, CCW, reg, and ins papers and he didn't even ask if I was carrying. It was a little anti-climactic I guess, but I won't complain. I guess I'll go write a $120.00 check and pay for my first ticket in over 20 years.

    Semper Fi

  2.   
  3. In Florida you commeted a third dgree felony as defined in "790.115Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions."

    "A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner."

  4. #3
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    Quote Originally Posted by MBrynildsen View Post
    In Florida you commeted a third dgree felony as defined in "790.115Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions."

    "A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner."
    Guess it was a good thing he wasn't in Florida then......

    Actually you should look up the definition of exhibit. He didn't exhibit anything and even if he had, it had to be under the conditions listed for it to be a felony.
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

  5. #4

    OP was legal

    The OP has implied he has a concealed weapons license. Therefore, he is exempt from Fla. Stat. 790.115(2); instead, he would be subject only to the no-carry zones listed in 790.06(12)--which, with regard to schools, applies only within the "facility" and not upon the grounds--along with the significantly lesser second degree misdemeanior penalty.
    James M. "Jim" Mullins, Jr., Esq.
    Attorney, The Law Offices of James M. Mullins, Jr., PLLC
    Founder and Past President, West Virginia Citizens Defense League, Inc.

  6. #5
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    Given that Colorado is a no duty to inform state why did you bother to tell the cop you were armed?
    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

  7. #6
    I handed the officer my permit because I moved recently and it has my current address on it and my Driver's license does not. In CO I can CC my weapon to the school, but if I want to go into the school I have to leave the weapon in a compartment in the vehicle and the vehicle must be locked. SO I was completely legal, except for the stupid speeding in a school zone.

    Semper Fi

  8. So what if you had no CCW but had your gun in the vehicle, say in the glove box, in Florida on public school grounds (parking lot)?

  9. #8
    Quote Originally Posted by MBrynildsen View Post
    So what if you had no CCW but had your gun in the vehicle, say in the glove box, in Florida on public school grounds (parking lot)?
    In that case, it would still be legal as a matter of Florida state law, but not federal law.

    Fla. Stat. 790.115(2)(a)(3) exempts an individual who carries a firearm in a vehicle pursuant to 790.25(5). However, this provision does allow schools to administratively prohibit possession of a firearm in a vehicle as a condition of parking privileges (for students & employees).

    At this point, I would like to strongly suggest you remain silent about any more facts of your case.
    James M. "Jim" Mullins, Jr., Esq.
    Attorney, The Law Offices of James M. Mullins, Jr., PLLC
    Founder and Past President, West Virginia Citizens Defense League, Inc.

  10. Just a hypothetical question. So no details related to any actual case to worry about.

  11. #10

    Glad it worked out, no violation in Ohio

    Quote Originally Posted by elkhuntCO View Post
    I had my first encounter with a LEO since I began carrying a year+ ago. I was not paying attention after picking up my kid at school and after leaving the school and turning on the next street I accelerated to above 34 in a school zone. I handed the officer my lic, CCW, reg, and ins papers and he didn't even ask if I was carrying. It was a little anti-climactic I guess, but I won't complain. I guess I'll go write a $120.00 check and pay for my first ticket in over 20 years.

    Semper Fi
    I am sorry you received a ticket, glad the officer was not concerned about the pistol.

    In Ohio you would have been OK with the firearm as long as you did not enter the school building for the pick up.

    When I pick up the kids at school I stay away from the building doors and remain in the open in the parking lot.

    Also in Ohio (sorry to keep repeating it) you cannot attend a school function or get on a school bus.

    But there are always exceptions, the person in charge of the property can permit you to carry on banned premises. Schools being one of those.

    You can look up Ohio CCW laws using a google search.

    The most important item, when you are in public and carring your handgun be double sure it is really concealed. Don't walk around adjusting your holster or the position of the handgun. If you keep adjusting you may be carrying a handgun that is too heavy. Think about the kel tec 380's and a Smith & Wesson model 642. With a model 642 you are guarenteed the 5 shots and the pistol will not hang up on anything as it is being unholstered. The kel tec 380, take care of it, lightly lubricate the rails every month and it should be ok, remember though semi autos can be ammunition sensitive.

    I wear a specially made belly band holster (which I sell) that is 4 inches wide and I have had my maker move the velcro closure to where it is hidden.

    Good luck

    Pat Olvey
    email, [email protected]

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