Not sure if it will do any good or not but I created a site to collect names to send with a petition to Florida governor, house and senate members requesting they consider allowing Open Carry in Florida. If you are a resident of Florida and you want to please go to Florida Open Carry Petition and sign.
While you are at it, you should have them amend F.S. 784.021 by adding a new subsection to say something like;
No person who is convicted or found guilty of aggravated assault shall be subject to a mandatory minimum sentence, where said person establishes by preponderance of the evidence that 1) the display of such weapon was made upon the actual belief, even if unreasonable, that the other person was engaged in the imminent commission or attempted to commit a forcible felony, and 2) if the weapon displayed was designed to expel a projectile, that said projectile was not discharged.
Because as it is now if someone punches you in the face and breaks your nose then backs off, and you pull a weapon and the Cops show up, you may have to defend yourself in court, . . . . . and if found guilty by 12 people that were NOT there, or could be a bit anti-gun, you are off to jail for 3 years, even if the judge thinks that the sentence is excessive. He has no choice in the matter, as there is a mandatory minimum sentence that goes along with a guilty verdict.
Thats what we need to have changed, IMO, more than the exposed carry.
JMO
Best,
__________________
Phil Lozano
Phil Lozano Tanzania Trophy Expeditions
Personally, I think the following is quite a bit more important.
As it stands now, if you pull a gun where you may think you need to (but do not fire a shot), and end up in court, if found guilty by people that were not there . . . . . . . . . . . . . . you are off to jail. Say good bye to your job and more than likely your house. What would your family do if you were off to jail for 3 years ?
Don't believe me, OK, look it up for yourself. Mandatory sentencing has taken any "judgement" out of the Judges hands, no matter how minor the end result of the confrontation was.
Your thoughts ?
Best,
Phil
Quote:
Originally Posted by Phil Lozano
I will check it out thanks !
While you are at it, you should have them amend F.S. 784.021 by adding a new subsection to say something like;
No person who is convicted or found guilty of aggravated assault shall be subject to a mandatory minimum sentence, where said person establishes by preponderance of the evidence that 1) the display of such weapon was made upon the actual belief, even if unreasonable, that the other person was engaged in the imminent commission or attempted to commit a forcible felony, and 2) if the weapon displayed was designed to expel a projectile, that said projectile was not discharged.
Because as it is now if someone punches you in the face and breaks your nose then backs off, and you pull a weapon and the Cops show up, you may have to defend yourself in court, . . . . . and if found guilty by 12 people that were NOT there, or could be a bit anti-gun, you are off to jail for 3 years, even if the judge thinks that the sentence is excessive. He has no choice in the matter, as there is a mandatory minimum sentence that goes along with a guilty verdict.
Thats what we need to have changed, IMO, more than the exposed carry.
JMO
Best,
__________________
Phil Lozano
Phil Lozano Tanzania Trophy Expeditions
Would some one be so kind as to point out to me the advantage of open carry?
Say you are carrying concealed. You go to the grocery store. You see a little old lady trying to pick up something she dropped. You bend over to pick it up for her because you are a nice guy. Your shirt rides up high revealing your weapon. Some deranged anti-gun nut sees it goes crazy, calls the police.
With no open carry permitted, best case scenario you loose your CCW license. Worst case you are in jail.
Would some one be so kind as to point out to me the advantage of open carry?
You wouldn't believe how many people I've educated on their firearms rights that weren't aware of them due to lack of education (not their own fault, I blame our current anti-gun society) that were just curious about me carrying openly and if it was legal.
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honestly I think it goes as far as a personal preference for open carry...for instance if a criminal sees a gun hanging off your side he might think twice before doing something stupid or not...but open carry can also make it that much easier for them to disarm you.....personally I would like to see it passed so that open carry is a viable option.
Say you are carrying concealed. You go to the grocery store. You see a little old lady trying to pick up something she dropped. You bend over to pick it up for her because you are a nice guy. Your shirt rides up high revealing your weapon. Some deranged anti-gun nut sees it goes crazy, calls the police.
With no open carry permitted, best case scenario you loose your CCW license. Worst case you are in jail.
Yes and no. There is no test case regarding accidentally unconcealed weapons. However, common sense would win out, IMO, as the non-concealment was unintentional.
If you had a shoulder holster, and it broke while you were in the store and your gun fell out on the floor through no fault of your own, you would be in the same boat and I doubt if you would be convicted or even arrested.
Additionally, what if you have your handgun in your belt and your shirt tucked in over it (stupid move, but) and you moved so that your shirt is pressed tightly against your gun, so it "prints" and is then viewed by someone.
You can make up many situations that could be viewed as accidental and would not be your "fault".
I am not a lawyer, but the following guy is.
This lawyer covers this, and many other things in his book (which he updates via his web site).
IMO, anyone that carries concealed should have his book.
Would some one be so kind as to point out to me the advantage of open carry?
The reason for open carry is,in my opinion,as follows. No matter how good you are on your best day,when confronted by someone who has all intentions of doing you bodily harm,you will be only half as good.Therefore why fumble with a concealed weapon.Every half second counts.
Well I read some good reasons right here. I was once on an Instructor Committee with a Florida LEO, he did not like non Police with CCW licenses!
He said if he saw some one printing, he would arrest them. He was not that pleasant either.
(was a rotten pistol shot also!)
I have never heard of such a thing happening? Any one?
Because as it is now if someone punches you in the face and breaks your nose then backs off, and you pull a weapon and the Cops show up, you may have to defend yourself in court, . . . . . and if found guilty by 12 people that were NOT there, or could be a bit anti-gun, you are off to jail for 3 years, even if the judge thinks that the sentence is excessive. He has no choice in the matter, as there is a mandatory minimum sentence that goes along with a guilty verdict.
you should not be pulling a gun if the individual backs off. pulling a weapon is for the use of defending life only in the state of florida
Say you are carrying concealed. You go to the grocery store. You see a little old lady trying to pick up something she dropped. You bend over to pick it up for her because you are a nice guy. Your shirt rides up high revealing your weapon. Some deranged anti-gun nut sees it goes crazy, calls the police.
With no open carry permitted, best case scenario you loose your CCW license. Worst case you are in jail.
