The Proverbial Test Case. Volunteers?

[hammer6]

PM Jojo. How would this work though? A cop is going to see you and tell you to cover up, you can't refuse because then you'd lose. You'd have to get one to summarily arrest you and then get the DA to prosecute you......seems like a lot of difficulties.

Hold on now Zach- why would a cop tell me to cover up? I am completely within the law to OC "briefly". I find it hard to believe that a cop is simply going to say, "hey- ur guns showing..cover it up.." hed prolly draw on me, ask for my permit, and all that jazz, and maybe arrest me.

 

[Ironside]

Who's gonna be the lawyer to represent me? I am pretty sure I'm going to do it, I just need to get off my crutches first. That'll be another 3-4 weeks. I also need a cheap gun to carry. But I don't have a job that will be effected from this.

Let me know what's up, so we can get things rolling.

Hey Hammer6!

It's been long enuff since August ..... Are you going to get things rolling?

Let us know how its going.

 

[hammer6]

Hey Hammer6!

It's been long enuff since August ..... Are you going to get things rolling?

Let us know how its going.

just started walking recently- can't afford to do it right now, because if i get taken down by a cop, then my recover starts all over. i can't even bend down to the ground without pain....wasn't planning on all this...

 

[Ironside]

just started walking recently- can't afford to do it right now, because if i get taken down by a cop, then my recover starts all over. i can't even bend down to the ground without pain....wasn't planning on all this...

Sorry to hear this ... Continue to recuperate and let us know how its going.

All the best.

 

[Jojo712]

Like Ixtow, I too live in College Democrat Land (and teach in one of the colleges). I believe that the second I'd expose my pistol there'd be sirens, cops, demonstrators, handcuffs, confiscated weapons, and hell to pay. Unlike some of you, however, I'd like to make my mistake with a store camera present, in order to have proof of exactly how brief the exposure was. If the camera doesnt capture it at all, well then it's an even better argument for how brief the exposure was.

I'm still CCing 100%, and it will probably stay that way until 2013. Until then, I'll support this forum, support Floridacarry, and hope one of these cases comes my way so I can tear this law to shreds.

 

[hammer6]

Sorry to hear this ... Continue to recuperate and let us know how its going.

All the best.

Thanks bud-

i actually talked with a friend of mine who works in the AG's office, and he thinks that "briefly" is really vague.

on another note- he also thinks i have a good point as to my argument that florida should not be able to deny me the right to carry my gun in a bar. that's something i'm looking into as well.

 

[GIdeon_70]

Why not just go talk to the prosecutor in your area? Then you will know what he will charge nad what he will not. Then if he is being far too restrictive, ask an officer to give you a ticket - or use the report from the prosecutor to file a case. I agree with an other poster, it's kind of like going and punching a hornets nest - there are easier ways to get rid of them.

From another thread. Thank you Rich7553 for the inspiration:



Originally Posted by Rich7553
A LEO has no authority to "pull anyone's permit", and violation of either 790.053 or 790.10 does not constitute a felony, therefore in neither case is one's license at risk.

Jojo712 asks:
So who would volunteer to be our test case?

The pre-requisites are:

1. You don't care too much about your firearms license being in jeopardy for a little while (6 months, max)

2. You've got a gun that you wouldn't mind having in evidence for a bit while the case is ventilated

3. You've got a shirt that rides a little too high when you sit down and exposes your holster and a tiny piece of your gun while you sit

4. You've got a nearby Dunkin' Donuts and a friend across the street with a camera, recording (not for legal purposes, but for leverage purposes)

5. You walk in, plop down, as your shirt rides up order a donut, say hi to the officers and smile: "Good evenin' ladies an' gentlemen. How 'bout those Miami Heat?"

This can go a thousand ways, and all will go viral immediately. Test cases, anyone? I think this should be a thread of its own.