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Posted: 3/17/2002 1:10:28 PM EDT
[Last Edit: 3/17/2002 1:11:08 PM EDT by dissipator556]
A law student recently told me that it is illegal to handle or carry a firearm within 8 hours of consuming ANY amount of alcohol. I told her that she is FOS, but she insists that she is correct. I believe she is misreading the statutory language (FL STATE 790) that makes it illegal to operate a firearm when you are intoxicated. I have read all of 790 several times, without ever seeing the "8 hour rule" mentioned. I usually have a beer with dinner, when we go out. According to this lady, I am on my way to the big house... Anyone care to blow this BS out of the water? Please!
Link Posted: 3/17/2002 1:15:56 PM EDT
That's as bad as that so-called "three moves" BS when carrying a firearm in your vehicle. It's been said that it should take at least three seperate movements to get the weapon. The law actually uses the term "readily available" and the weapon should not be so. Utter bullsh!t.
Link Posted: 3/17/2002 1:21:27 PM EDT
MCMAN, I've been around the block a few times on that one- and the final word from the FL Dept of State is this: in your car, the weapon must be "securely encased"- that means, according to them: snapped in a holster, or in a zipper case, or inside a closed center console or glove box. It can be loaded, and the "three-step rule" is an urban legend that is pure BS. I know that this lady is full of crap with this "8 hour rule," but she insists that I "REREAD 790"- what an insult to my intelligence.
Link Posted: 3/17/2002 1:31:17 PM EDT
Since she insists on your reading Statue 790... have her show it to you and prove it's there (which she can't). It's always the ignorant that insult your intelligence... just remember who the fool really is.
Link Posted: 3/17/2002 1:36:31 PM EDT
Link Posted: 3/17/2002 1:38:54 PM EDT
[Last Edit: 3/17/2002 1:43:52 PM EDT by meshuggah]
Originally Posted By dissipator556: MCMAN, I've been around the block a few times on that one- and the final word from the FL Dept of State is this: in your car, the weapon must be "securely encased"- that means, according to them: snapped in a holster, or in a zipper case, or inside a closed center console or glove box. It can be loaded, and the "three-step rule" is an urban legend that is pure BS. I know that this lady is full of crap with this "8 hour rule," but she insists that I "REREAD 790"- what an insult to my intelligence.
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Don't waste any more of your time. Tell that dipshit bit** to put up or shut up. I.E., It's her claim, not yours, so SHE, not you, is the one needing to do research. When she [b]brings[/b] (not tells you about) you something in black & white (statute, regulation, pertinent case law), that says what she says, and she can point to the spot where it says that, THEN she has something to discuss. Until then, there's nothing to talk about -- let her know that in no uncertain terms. And tell her no, a Sunday paper insert, NOW magazine, or a print out of some web site doesn't count unless it is from the state of FL. Even then if it's something like a regulation or an AG's opinion, its arguable (though at some expense). SHE made the claim. The ball's in HER court. Where the hell is she studying law? Correspondence school? Before putting her straight you may want to 'social engineer' her into blabbing about that anti- 2nd A law student club she might belong to. Next case!!
Link Posted: 3/17/2002 1:41:29 PM EDT
I assume that osprey21 has cited these parts of 790 to further prove my point. Still, no one can find a mention of this bogus 8 hour rule. As I already said, everyone knows that it is illegal to shoot guns when you are drunk/impaired. Two important quotes from the statute: THE FIRST ONE: "1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge. (2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand. (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state." AND THE SECOND ONE: "This section does not apply to persons exercising lawful self-defense or defense of one's property."
Link Posted: 3/17/2002 1:43:25 PM EDT
However, if you ever HAD to shoot someone, and you were intoxicated, this would probably be pretty damning evidence if the criminal (or his family, if he is dead) decides to bring a civil suit against you.
Link Posted: 3/17/2002 1:50:21 PM EDT
Originally Posted By dissipator556: However, if you ever HAD to shoot someone, and you were intoxicated, this would probably be pretty damning evidence if the criminal (or his family, if he is dead) decides to bring a civil suit against you.
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I was ready to say you're full of it, but there's plenty of people who while criminally innocent got gored on a lawsuit. A certain celebrity comes to mind, but then he SHOULD have been convicted.
Link Posted: 3/17/2002 2:04:41 PM EDT
Here is another interesting FL CCW fact.... I can get one as a ILLINOIS resident & not very hard to get either. IN has recprical agreement for FL & it would cover me.
Link Posted: 3/17/2002 2:16:13 PM EDT
Law Student Grade F She needs to focus on personal injury. Or some bs type of law.
Link Posted: 3/17/2002 2:17:24 PM EDT
Link Posted: 3/17/2002 2:38:50 PM EDT
[Last Edit: 3/17/2002 2:39:31 PM EDT by MC_Man]
Originally Posted By Hawkeye1: BTW, any of you guys nere Jacksonville?
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No, Tampa, but we still have some of the same type of idiots (read: self-appointed lawyers) here, too.
Link Posted: 3/17/2002 3:09:44 PM EDT
S. St. Petersburg here--go to Tampa at least once a month for the Marine Corps Reserves. Hey MCMAN, you ever shoot at the Wyoming Antelope Club in St. Pete?
Link Posted: 3/17/2002 3:40:37 PM EDT
[Last Edit: 3/17/2002 3:42:02 PM EDT by Aviator]
On my Iowa CCW under "restrictions" It says: Invalid when using or consuming alcohol or Illegal drugs. [rolleyes] Aviator [img]www.milpubs.com/aviator.gif[/img]
Link Posted: 3/17/2002 4:21:39 PM EDT
apparently, this lady is from Iowa- sorry you guys can't have a beer and continue to defend yourselves in public!
Link Posted: 3/17/2002 4:56:42 PM EDT
just kidding- she lives in FL... oh well, glad to see that this lady is definitely full of dung- thanks for the affirmation guys!
Link Posted: 3/17/2002 6:04:36 PM EDT
She can't read english and has a propensity for criminalizing harmless behaviors. She will soon be on the DemocRATS short list for Federal judges!
Link Posted: 3/17/2002 6:22:32 PM EDT
[Last Edit: 3/17/2002 6:32:59 PM EDT by MC_Man]
Originally Posted By dissipator556: S. St. Petersburg here--go to Tampa at least once a month for the Marine Corps Reserves. Hey MCMAN, you ever shoot at the Wyoming Antelope Club in St. Pete?
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Sorry for the late reply... No. when I worked at HSN, I went by there to check it out, but wasn't impressed at the time. Used to go to St. Pete Police Pistol Range, but after getting a job in downtown Tampa, haven't had the time. Like to go sometime, though... going stir-crazy. Edited to add that if you're planning a trip soon, drop me a msg... need to get the dust out of the barrels. IM me or hdfxrs91@yahoo.com.
Link Posted: 3/18/2002 3:40:41 AM EDT
"This section does not apply to persons exercising lawful self-defense or defense of one's property."
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Wow, I didn't know there was an exemption mentioned in the law. Lean something new. Sure, you could be damnned if you shoot someone is self-defense while intoxicated... But, you not going to say anything to the officers except " I was in fear for my life, I'd like to speak to a lawyer now please..."
Link Posted: 3/18/2002 5:33:31 AM EDT
Link Posted: 3/18/2002 6:21:19 AM EDT
Yo, Hawkeye1, I live in Jax. Whereabouts are you located???
Link Posted: 3/18/2002 6:52:52 AM EDT
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