Good stuff. Thanks tcj!
Jon Gutmachers - update on stand your ground.
cxled
1 - 20 of 22 Posts
Looks like Judge Sotomayor has lots of company in the Sunshine State, legislating from the bench.Good stuff. Thanks tcj!
No doubt. The statute is clear that the burden is on the State to prove you DID NOT act in self-defense, not the other way around (which was the status quo prior to the revisions).
The 4th DCA is in Palm Beach County....big surprise. Here's a list of the Judges....let 'em know how you feel!
4th District Court "Judges"
The 4th DCA is in Palm Beach County....big surprise. Here's a list of the Judges....let 'em know how you feel!
4th District Court "Judges"
Thanks for posting that.
After reading it I now have a headache - too much legalese.
After reading it I now have a headache - too much legalese.
Most of this is old news, but it does provide an example of why simply reading a statute isn't enough when determining one's rights.
The Gray case he cited is interesting, and I recommend everyone read it.
I'm still waiting on the Florida Supremes to let us know.
The Gray case he cited is interesting, and I recommend everyone read it.
I'm still waiting on the Florida Supremes to let us know.
Do you know of any cases that have petitioned the Florida SC on this issue?Most of this is old news, but it does provide an example of why simply reading a statute isn't enough when determining one's rights.
The Gray case he cited is interesting, and I recommend everyone read it.
I'm still waiting on the Florida Supremes to let us know.
No sir.Do you know of any cases that have petitioned the Florida SC on this issue?
July 17 Blog Entry
I read with interest his July 17th blog entry.
It appears that he is saying that it is OK to conceal carry any firearm (including NFA weapons excluding machine-guns), not just a pistol...discuss:
I read with interest his July 17th blog entry.
It appears that he is saying that it is OK to conceal carry any firearm (including NFA weapons excluding machine-guns), not just a pistol...discuss:
Friday, July 17, 2009
Transportation of NFA firearms within Florida
I had an interesting question come up regarding transportation of NFA firearms in Florida by holders of the Florida CWP. The question was whether transportation was prohibited because 790.06(1) states the CWP does not include machineguns. Of course, even if the CWP does not cover machineguns -- it would still not exclude other (legally possessed) NFA weapons such as silencers, SBR's, and SBS's. However, it doesn't stop there because of the wording of F.S. 790.01.
F.S. 790.01 is the statute that prohibits concealed carry of firearms and weapons. If you read it carefully -- you see that it actually expands the weapons a CWP holder can legally carry concealed -- because if you have a valid CWP -- F.S. 790.01(3) says the prohibition against concealed carry "does not apply to a person licensed to carry a concealed weapon or a concealed firearm". Thus -- under the plain wording of this section, it is not illegal for a CWP holder to carry ANY weapon concealed. (so long as it is not on school grounds, jails, federal buildings, etc.) Of course, you can also carry these weapons pursuant to the circumstances permitted by F.S. 790.25 -- with or without the CWP.
However . . . and here's my usual warning: Just because it's OK by the statutes doesn't mean you should ignore common sense. A police officer coming across an NFA firearm can cause a certain overreaction, unless you have the required documentation, and know what to say. They may not know the laws pertaining to this stuff (few people do). You always need a copy of your Form 4 with you (or Form 5). Likewise, I highly recommend that any NFA weapon be transported in some type of closed case.
Hopefully -- this discussion is of some help on the issue. Of course -- there's no case law on the subject -- so the opinions expressed here are just that -- opinions. Still, I can't imagine a court ruling contrary to what I've expressed since 790.01 is clear and unambigous.
790.06(1)
. . .
For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).
. . .
B,
Your second quote is actually 790.06(1), not 790.01(1).
I've always considered the definitions in 790.06(1) a de facto list of what was allowed to be carried with a CWFL ("handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun"). It seems that this is one of the rare cases where a statute says what you CAN do, not what you CAN'T do. I think Jon is reaching a bit on this.
As always, this opinion is worth what you paid for it.
Your second quote is actually 790.06(1), not 790.01(1).
I've always considered the definitions in 790.06(1) a de facto list of what was allowed to be carried with a CWFL ("handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun"). It seems that this is one of the rare cases where a statute says what you CAN do, not what you CAN'T do. I think Jon is reaching a bit on this.
As always, this opinion is worth what you paid for it.
TX, fixed it...B,
Your second quote is actually 790.06(1), not 790.01(1).
Been a little preoccupied (read losing my mind), Grandson (born June 19, about a month premature) is having open heart surgery first thing tomorrow morning. He's been in the Cardiac Intensive Care unit at St. Jospeh's Childrens Hospital here in Tampa since Friday. Hopefully we'll have him home by the 8th.
Trying to decompress a little by browsing a little and this one grabbed my attention...Mind is still not fully engaged.
Thoughts and prayers are with your Grandson and your entire family, Br.
God Bless.
S
God Bless.
S
My prayers to you and your family. May your grandson come home safe and well. My grandaughter was born last September with a large malignant tumor at the base of her spine. She was also a premie and had to undergo surgery as soon as she was born. She was in intensive care for two months recovering and it was a draining experience. She still has her cancer and will undego chemotherapy when she approches two years old. It is still touch and go and we thank the Lord every day she is with us. May God bless your family.
Praying for both your little angels. I know what it is like.
Here is a link explaining law on NFA weapons that might interest some.
http://www.robarm.com/XCR_NFA.htm
Here is a link explaining law on NFA weapons that might interest some.
http://www.robarm.com/XCR_NFA.htm
Thanks guys.
Surgery went well, and he's still in the pediatric cardiac intensive care, but we almost lost him yesterday. They had taken him off the respirator on Tuesday and he appeared to be doing well, then suddenly his oxygen saturation levels dropped to 50% (normal is above 95%)
They had a very, very difficult time re-establishing the airway. So bad in fact they called a preacher and family counselor to the ICU!
Finally got him re-intubated and sedated. Found out late last night that the cause was a plugged chest tube! The pleural space around the lungs filled with fluid and he was unable to breath.
I'll be spending the day at the hospital with him to allow Mom & Dad to take a much needed break.
Surgery went well, and he's still in the pediatric cardiac intensive care, but we almost lost him yesterday. They had taken him off the respirator on Tuesday and he appeared to be doing well, then suddenly his oxygen saturation levels dropped to 50% (normal is above 95%)
They had a very, very difficult time re-establishing the airway. So bad in fact they called a preacher and family counselor to the ICU!
Finally got him re-intubated and sedated. Found out late last night that the cause was a plugged chest tube! The pleural space around the lungs filled with fluid and he was unable to breath.
I'll be spending the day at the hospital with him to allow Mom & Dad to take a much needed break.
Sorry to hear this. Hope he gets well and to go home soon.
Brownie
Brownie
Best wishes for your family, brboyer. :angel
Getting back to the topic of this thread, I'm curious about any case law pertaining to immunity from civil liability.
Getting back to the topic of this thread, I'm curious about any case law pertaining to immunity from civil liability.
Prayers and best wishes to you.
God Bless your grandson, Br. Prayers are with all of you.Thanks guys.
Surgery went well, and he's still in the pediatric cardiac intensive care, but we almost lost him yesterday. They had taken him off the respirator on Tuesday and he appeared to be doing well, then suddenly his oxygen saturation levels dropped to 50% (normal is above 95%)
They had a very, very difficult time re-establishing the airway. So bad in fact they called a preacher and family counselor to the ICU!
Finally got him re-intubated and sedated. Found out late last night that the cause was a plugged chest tube! The pleural space around the lungs filled with fluid and he was unable to breath.
I'll be spending the day at the hospital with him to allow Mom & Dad to take a much needed break.
S
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