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Posted: 3/17/2002 1:15:56 PM EDT
[#1]
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.
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Posted: 3/17/2002 1:21:27 PM EDT
[#2]
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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Posted: 3/17/2002 1:31:17 PM EDT
[#3]
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.
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Posted: 3/17/2002 1:36:31 PM EDT
[#4]
[url=http://licgweb.dos.state.fl.us/790/151.html]790.151[/url]
[url=http://licgweb.dos.state.fl.us/790/157.html]790.157[/url] |
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Posted: 3/17/2002 1:38:54 PM EDT
[#5]
Quoted: 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. 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!! |
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Posted: 3/17/2002 1:41:29 PM EDT
[#6]
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." |
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Posted: 3/17/2002 1:43:25 PM EDT
[#7]
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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Posted: 3/17/2002 1:50:21 PM EDT
[#8]
Quoted: 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. 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. |
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Posted: 3/17/2002 2:04:41 PM EDT
[#9]
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. |
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Posted: 3/17/2002 2:16:13 PM EDT
[#10]
Law Student
Grade F She needs to focus on personal injury. Or some bs type of law. |
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Posted: 3/17/2002 2:17:24 PM EDT
[#11]
No such thing. I would however mention, that if you were involved in an incident and had had a drink recently, It MAY be a bit of an aggravation. Depending on the situation and people involved, they may try to say that you were "under the influence", even if you werent intoxicated, legally or otherwise. Just have to use your own judgement and caution. Again though, no such thing as an 8 hour rule. I dont drink though so its never been a problem for me.
I am SO glad to see you guys understand that there is also no "3 Step Rule". When I worked at the Sheriffs office, I cant even remember how many times people asked that question, and I had to explain the whole "securly incased and not readily available for immediate use such as if it were on your person" clause. It was such a pain. BTW, any of you guys nere Jacksonville? |
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Posted: 3/17/2002 2:38:50 PM EDT
[#12]
Quoted: BTW, any of you guys nere Jacksonville? No, Tampa, but we still have some of the same type of idiots (read: self-appointed lawyers) here, too. |
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Posted: 3/17/2002 3:09:44 PM EDT
[#13]
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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Posted: 3/17/2002 3:40:37 PM EDT
[#14]
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] |
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Posted: 3/17/2002 4:21:39 PM EDT
[#15]
apparently, this lady is from Iowa- sorry you guys can't have a beer and continue to defend yourselves in public!
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Posted: 3/17/2002 4:56:42 PM EDT
[#16]
just kidding- she lives in FL...
oh well, glad to see that this lady is definitely full of dung- thanks for the affirmation guys! |
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Posted: 3/17/2002 6:04:36 PM EDT
[#17]
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! |
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Posted: 3/17/2002 6:22:32 PM EDT
[#18]
Quoted: 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? 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 [email protected]. |
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Posted: 3/18/2002 3:40:41 AM EDT
[#19]
"This section does not apply to persons exercising lawful self-defense or defense of one's property." 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..." |
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Posted: 3/18/2002 5:33:31 AM EDT
[#20]
She may have confused (imagine that...a confused lawyer!) this with some of the new FAA regs on an LEO flying with a firearm. I have only glanced briefly at them, but I seem to remember some sort of 8hr. rule. More likely she is just FOS.
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Posted: 3/18/2002 6:21:19 AM EDT
[#21]
Yo, Hawkeye1, I live in Jax. Whereabouts are you located???
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Posted: 3/18/2002 6:52:52 AM EDT
[#22]
Northside by the airport. Drop me a line. [:)]
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