[GlockComa]

This may be a dumb question, but I've never heard of it..

My neighbor swears that by getting a cwp, your place of residence no longer requires a warrant for law enforcement to enter it..

every time he says it i'm like "damn I need to look that up" and I never have.

any takers? opcorn

 

[OLDJEEP813]

I've never heard of this. I wonder why he feels that exercising your second ammendment rights nullifies your fourth ammendment rights?

 

[steve66]

I never heard of this either, Unless your neighbor is talking about having a FFL and your home listed as a licensed structure where you have your business.

 

[T.S.]

This is not true.

Getting a Florida Concealed Weapon License does NOT forfeit ones protection of the Fourth Amendment Of the United States Constitution.

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

 

[FloridaSon]

+1 TampaSsgt

The only civilian service that may enter a private dwelling without a warrant or with probable cause is Fire Rescue. The assumption is most people don't want their house to burn down or refuse access for a medical emergency call. (course we also get falsely accused of taking someone's "Rolex" each year.)

 

[GlockComa]

I've never heard of this. I wonder why he feels that exercising your second ammendment rights nullifies your fourth ammendment rights?

good point. that crazy bum drinks too much beer. I'll have to correct him.

 

[hawkins]

I wonder if he is referring to "proposed" bill H.R. 45

http://www.guncontrolkills.com/351/...l-bill-of-2009-hr45-federal-gun-registration/

basics are-
It is a bill that mandates licensing, registration and safe storage for handguns and semi-automatic rifles with detachable magazines. It also provides for inspection, so you surrender your fourth amendment rights by being licensed. It also requires reporting of Lost and Stolen firearms, and you must inform the federal government if you change addresses.

the right to inspect may be what he has heard.

 

[OrlandoDriver]

Can't sit on our butts and let this happen damn this makes me

 

[SuperTrkrE2812]

Your neighbor may be thinking about owning a full auto rifle or pistol. or a silencer.
If i am not mistaken, if you own either one of the above, the ATF may enter your place of record of where the firearms are said to be stored by the permit, without prior notice and without a warrant to inspect and verify that you do indeed still possess the firearms and that they are properly stored and secured.
Just my wild a**ed guess.

 

[Al Lipscomb]

It is nonsense. People get some strange ideas in their heads and you can't confuse them with facts.

 

[deadeyedick]

Your neighbor may be thinking about owning a full auto rifle or pistol. or a silencer.
If i am not mistaken, if you own either one of the above, the ATF may enter your place of record of where the firearms are said to be stored by the permit, without prior notice and without a warrant to inspect and verify that you do indeed still possess the firearms and that they are properly stored and secured.
Just my wild a**ed guess.

I actually asked a couple of BATFE agents about that and they said that is a huge misconception...they can't simply enter your home without a warrant; you are subject to inspections, but they're nearly always scheduled in advance, and even those are pretty rare from what I've heard.

 

[Cthulhu]

To put it bluntly, your neighbor is a nitwit and needs to give up his job as a wannabe lawyer.

-JT

 

[Steve48]

Don't hold back, Cthulhu. Tell us what you really think!

 

[fridaddy]

I think my favorite misconception is the "3 step rule" Somewhere once upon a time people got some idea about firearms being 3 steps from being used to be legal in a car or some other places without a CCW. I have had permits in 3 different states. I am licensed to practice law in two states and have never seen a statute referring to any 3 step rule.

I was just speaking with someone this week that believed that was the rule carrying in their car. I asked where that came from, he said the store owner where he bought the gun a few months ago.

 

[T.S.]

I think my favorite misconception is the "3 step rule" Somewhere once upon a time people got some idea about firearms being 3 steps from being used to be legal in a car or some other places without a CCW. I have had permits in 3 different states. I am licensed to practice law in two states and have never seen a statute referring to any 3 step rule.

I was just speaking with someone this week that believed that was the rule carrying in their car. I asked where that came from, he said the store owner where he bought the gun a few months ago.

Next time a conversation like that comes up, please advise them of the Florida Statute 790.25 Lawful ownership, possession, and use of firearms and other weapons.--

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=->2008->Ch0790->Section%2025#0790.25

The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS

790.25 Lawful ownership, possession, and use of firearms and other weapons.--

5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2008->Ch0790->Section%20001#0790.001

790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

(16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

(17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

 

[RadTek]

I think my favorite misconception is the "3 step rule" Somewhere once upon a time people got some idea about firearms being 3 steps from being used to be legal in a car or some other places without a CCW. I have had permits in 3 different states. I am licensed to practice law in two states and have never seen a statute referring to any 3 step rule.

I was just speaking with someone this week that believed that was the rule carrying in their car. I asked where that came from, he said the store owner where he bought the gun a few months ago.

That really is a very widespread misconception.

I am ashamed to admit that a buddy and I once believed that as well. Heck, we got that information years ago from a Seminole County Deputy we once knew!! We've since lost touch with him, so, we have no idea if he ever got his facts straight on that.

 

[deadeyedick]

I knew an LE instructor in Brevard County who actually taught that '3-step' BS to recruits. What a dope. :smack

 

[Rvrctyrngr]

I still hear that today, occasionally....usually from an LEO, or someon who claims to have heard it from one.