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Old 12-11-2010, 10:01 AM   #21
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Sureline,
I've been a cop now for the better part of a decade and I can tell you I have seen some cops do some goofy stuff. Sometimes it is due to a lack of follow up training, sometimes just plain ignorance. Your son was perfectly legal in the manner he was carrying his gun, assuming he was in Florida of course. Just to be sure I checked with two of my friends at the State Attorney's Office and they agreed and said you should have no trouble getting your ammo back and probably assuring the trooper gets a good dose of remedial training. As stated in the statue above, as long as the gun was in a container with a lid, he's good. The fact that it was also in a case added and extra layer of protection. You can legally have your gun in a snapped holster laying on the passenger seat, although that's not always a very good idea as any LEO that walks up to your car on a stop is probably going to instantly elevate his response.
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Old 12-11-2010, 10:45 AM   #22
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mongo, The carrying in the car in the open can get you a charge by LEO if a complaint is called in...

It is something about terrorizing the public or some such... The call will be relayed to the officer on patrol as "Man with a gun..."

I can't remember the exact wording but I have read it many times in my research.

Brent

Last edited by hogdogs; 12-11-2010 at 10:59 AM.
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Old 12-11-2010, 10:58 AM   #23
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One more tidbit... Here in Fla. we can carry FULLY LOADED and FIRE READY in our vehicles... How ever you wish to do so even one in the chamber and safety off so long as it is encased somehow...

Our Castle Doctrine style right to self defense laws, without a carry permit, were extended some years back to include the vehicle...

Brent
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Old 12-11-2010, 11:12 AM   #24
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hogdogs,
There is a charge for the improper display (brandishing) of a firearm, however, you have to be doing just that-brandishing it. Like I said, its probably not the best way to carry it in your car. Even if its called in, the cop has to prove that a violation of the law occurred and simply having it holstered on the seat doesn't meet that burden. But just like in Sureline's case, that doesn't mean that some officer somewhere wouldn't try to make it stick. I heard of an officer charging a man with a concealed weapon violation because he had a hunting knife under his seat. The guy was also coming back from his hunting club, wearing camo, and had a dressed deer in the bed of the truck. Needless to say that one got tossed out so quick it wasn't even funny.

Last edited by mongo; 12-12-2010 at 10:25 AM.
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Old 12-11-2010, 11:15 AM   #25
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Adding on to above, if you were waving the gun at someone and they were able to describe it and then the officer saw the weapon as described by the complainant laying on your seat, then you would most certainly have an issue. The cop will want to know how passing motorists were able to describe a gun that shold have just been laying on the seat.
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Old 12-11-2010, 04:10 PM   #26
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Quote:
Originally Posted by Trophy05 View Post
Two things: one there is no "two step" law in FL, and two it is not against the law for non leo to buy Ranger ammunition. It is however against Winchesters policy and the dealer selling them to non leo can have their dealership status with Winchester revoked.
The 2 step thing was told to me by a cop. I might add , I once had 2 ATF agents argue between each other about a law I asked about.

cut to the chase , I would follow up on this

this has nothing to do with an unenfringable right to be armed other than it being infringed upon by a guy with a gun and a badge who lives on your taxes

Venting is a good thing , it frees the mind and allows others to absorb what you vent. It also allows other view points and perhaps a better understanding of the Law.
This is not the case in this situation.
If this cop did not turn the ammo in to the FHP office that he took from you and file some kind of document , then you have just certainly been robbed by a man with a gun and should file a complaint.

If he did turn it in , then you deserve and explanation and a specific law that authorized him to relieve you from your private property.
If you were relieved of your private property without legal authority to do so , by a Law Enforcement Officer , then you have every right to pursue this legally.
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Old 12-13-2010, 10:07 AM   #27
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I don't think your son is going to have any problem getting this thrown out. It's crap like this that was a good incentive to get a carry permit. Even if you don't carry on your person, it's nice to have to head off over zealous LEOs that don't know the law.
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Old 12-13-2010, 01:16 PM   #28
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Your son did the right thing - he went along with the officer. Trying to disagree with an officer in the performance of his or her duties, even if they are wrong, will bring on trouble. Time to disagree is later, not on the street.
Like others here, recommend you file a complaint to get the ammo returned.
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Old 12-13-2010, 02:58 PM   #29
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If you have nothing to hide... reserve your 4th amendment rights and deny search without a warrant... If they can articulate a reasonable suspicion, they can tell you and then you tell them to get a warrant anyway...

If they do not have reasonable suspicion and you forfeit your 4th amendment rights, you end up losing a half hour of your life, your privacy and your crap WILL NOT BE 100% EXACTLY AS YOU HAD IT BEFORE THE SEARCH...

If you have crap to hide, they likely got all the RS they need anyway so take yer licks...

Brent
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Old 12-13-2010, 05:14 PM   #30
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Back in the old days they used to say that you had to make at least two moves to put your hand on your weapon for it to be legal in a vehicle.
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