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Concealed carrier disarmed, searched, has weapon disassembled by Coral Gables Police
- Thread starter mikeyp
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the_shootist
Banned
Another chapter in the Cops Suck saga
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And yet my family and friends still think I'm nuts for wanting to live out in BFE around an hours drive out of town(<1k residents).
I hope the town gets bent over hard and smashed in the hoop with a 50 grit sandpaper rubber. After all we all know that as a LEO in Miami-Dade the real thing you need to be on the lookout for is a county employed married guy with a LTC picking up his kid at school, they're the real threat of [STRIKE=North Cuba]North Cuba[/STRIKE] southern Florida.
I hope the town gets bent over hard and smashed in the hoop with a 50 grit sandpaper rubber. After all we all know that as a LEO in Miami-Dade the real thing you need to be on the lookout for is a county employed married guy with a LTC picking up his kid at school, they're the real threat of [STRIKE=North Cuba]North Cuba[/STRIKE] southern Florida.
In MA - no. NH - I don't know. If he ASKS - then don't lie. But don't volunteer.
How big if an idiot is this guy? A license is a reasonable suspicion there may be a gun in the car? Agreed But...it is not probable cause that any crime was committed. In fact, by today's standards it should be an indicator that you have an extremely law abiding citizen in front of you. This cop took it as an opportunity to bully this guy and provoked him in an attempt to make him a criminal. Am I wrong here?
Good for the guy for keeping his mouth shut.
"The card is reasonable suspicion that a person inside the car may be armed, at which point the officer stays alive by the way he handled it. Based on the way you presented it to me, based on the officer seeing it in the wallet. It’s not a bad search.”
Good for the guy for keeping his mouth shut.
"The card is reasonable suspicion that a person inside the car may be armed, at which point the officer stays alive by the way he handled it. Based on the way you presented it to me, based on the officer seeing it in the wallet. It’s not a bad search.”
It shouldn't have to be this way, but that's why you keep your LTC tucked at the back of the wallet. Out of sight, out of mind.
Having a gun in a school zone is against the law in all 50 states.
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..
Concealed carrier disarmed, searched, has weapon disassembled by Coral Gables...
This is not true!
Depends on the state and how their laws are written. You need to read up on the Gun-Free School Zones Act of 1990 and state laws.
This is not true!
Depends on the state and how their laws are written. You need to read up on the Gun-Free School Zones Act of 1990 and state laws.
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Local police have NO power to arrest on federal crimes, just like the feds have NO power to arrest on state charges.
GFSZ is NOT applicable if the state issues permits thru a LE agency and the person has such a permit. IDK about FL since the Dept of Agriculture issues them, I suspect there is no legal exemption for GFSZs. It's not enforced by the feds simply because it is ridiculous. As you drive down any roadway in FL (or any state) how are you to know that you are within 1000' of a school? What if you are on an Interstate (stopping is illegal except for emergencies) and a school is within 1000' of the roadway? I could never see anyone with decent counsel being convicted in those cases even with the current idiots in DC running DOJ.
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another data point that this forum is being overrun by people who do nothing but spew bad information. Starting to get just a bit ridiculous around here. Stop. Just stop.
Read the story before you hang the guy. He was never on school grounds. This all happened on a public street.
BS like this is why it takes me a few minutes to dig my LTC out from behind the Red Cross card, the VISA card, the library card . . . Concealed is concealed.
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The department of agriculture issues ccw permits in fl? Or did I read that wrong
No duty to inform in NH. Now if an officer asks it may be wise to inform and then present the p&r license. But an officer has no need to know you are carrying unless he asks you to get out of the car, then it is prudent to inform him and ask how he wants you to proceed. Many NH cops just assume you have a gun. One state trooper I talked to said he expects it and is not concerned about a gun he knows about.
As to the search. It is extremely likely to be illegal as a recent 6th circuit case (Northrup v city of toledo I believe) stated that someone merely open carrying (where of is legal and it was here) is not grounds to detain and search. As such one can apply the same reasoning to someone legally conceal carrying and I'm sure there is case law somewhere that states as such. While the 6th circuit case is not direct precedent it is persuasive authority.
The man in question here needs to sue on 4th amendment grounds. Hopefully there is case law already established so he can go for "the kill" to get qualified immunity struck down.
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An imprecise statement at best.'
School zone carry is illegal under federal law unless you have a state issued permit allowing such carry. In MA and many other states this includes property within school zones but, often, excludes the school property itself. Some states (I think RI, for example) do not exclude schools if you have a carry permit.
DemonChronicles
NES Member
There is no duty to inform in either MA or NH.
GaryO
NES Member
Really? And you found this info where?
If you come to Florida, stay out of South Florida and the big cities. That’s just Southern New York, with the same people and the same attitudes. (Many of the cops there are transplants, too.) It’s for them that the state preemption law was needed. In the rural counties of North Florida, the cops wouldn’t bat an eyelash. In fact, they’d probably ask what you carry and if you like it, and give you tips on ammo. You *might* find a jerk, but they’d be the exception, not the rule.
Also, it is perfectly legal to have your firearm in your car, even in the parking lot of a school, with or without CCW, under 790.115 and 790.25(5) , except that school districts can make an exception for student parking privileges. The street in front of the school has no bearing at all. Mr. Olivia did nothing wrong in the slightest.
Furthermore, I would note that Florida law 790.06 says that a licensee must *display* his license and some form of proper identification to a law enforcement officer *upon demand*. You don’t have to surrender it to them, and there is NOTHING WHATSOEVER in the law that requires you to surrender your firearm.
Now I may get raked over the coals for this but better to be take the abuse and know for sure (and based on who has spoken in this thread I will find out pretty fast).
My understanding for Mass was if not asked, do not volunteer since we do not have to. If asked if there is a firearm on us or in the car, we are required to disclose.
Fire away.
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As post the original story I hope like stated above he is pretty good friends with one of the judges.
You are required to produce your LTC on demand. As far as I know nothing in the law that specifically requires disclosing that you have a firearm if asked. You could try not answering, but the officer will assume that's a "yes", and lying is a bad idea, so you might as well disclose if you are asked.
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