ATV Florida Forum

General => Open Discussion => Topic started by: big-daddy on January 20, 2009, 07:56:34 PM



Title: CCW
Post by: big-daddy on January 20, 2009, 07:56:34 PM
I never seen so many people at the gun show getting their CCW. Ammo in low supply, when to walmart to get some 22LR and the shelf are empty.....WOW is this just in Miami or is this a new way of life in the Obama nation? 

I had one for years now, but looks to me everyone has one now. If you have one, what do you carry?   I carry a Glock 19 with some goodies.


Title: Re: CCW
Post by: Andy9933 on January 20, 2009, 08:00:22 PM
taurus 40


Title: Re: CCW
Post by: crom A zone on January 20, 2009, 08:21:52 PM
saw off 12g ;) ;) ;) ;) ;) ;) ;) ;)




rugar p95   as soon as i pay my bro   i get to keep her instaed leavin it at his house


Title: Re: CCW
Post by: jrpro130 on January 20, 2009, 08:31:28 PM
I got a little g27 but need to send in my CCW I already took the class this month, I just turned 21...I didn't do it for the obamacraze. I just haven't had the $ to send it in to be honest...and I just got back from Wally world and they are fresh out of .40 blazer brass.  but I have enough to keep all my magazines full...just not to shoot...



Title: Re: CCW
Post by: FOREMANRON on January 20, 2009, 08:39:09 PM
I HAVE HAD MY CCW FOR A COUPLE YEARS. I CARRY A TAURUS MILLENIUM EITHER MY 9MM, 40, OR 45


Title: Re: CCW
Post by: TRX450R_Racer on January 20, 2009, 08:44:57 PM
I originally got my CCW in 1988. Then I let it  expire and had to retake the course.  :banghead.gif


Title: Re: CCW
Post by: Keeter on January 20, 2009, 08:59:12 PM
I carry a trouser snake. :M LEATHAL


Title: Re: CCW
Post by: TRX450R_Racer on January 20, 2009, 09:11:04 PM
I carry a trouser snake. :M LEATHAL

You'll poke your eye out!!


Title: Re: CCW
Post by: backinsaddle on January 20, 2009, 09:20:56 PM
don't you guys know you're not supposed to let everyone know what you carry.  someone only has to say you threatened them and describe the gun and you could be screwed.  the only time someone will know what I'm carrying is when i intend to use it.


Title: Re: CCW
Post by: big-daddy on January 20, 2009, 09:39:22 PM
I carry a trouser snake. :M LEATHAL

Is that like a baby desert eagle?  baby snake  :dunno.gif


Title: Re: CCW
Post by: big-daddy on January 20, 2009, 09:44:15 PM
Are all your pistol stock? No trigger work, NM barrels or ported. 


Title: Re: CCW
Post by: TRX450R_Racer on January 20, 2009, 10:00:43 PM
All stock.


Title: Re: CCW
Post by: IXIswamperIXI on January 20, 2009, 10:14:54 PM
Kahr 40cal

(http://i45.photobucket.com/albums/f77/IXIswamperIXI/img_PA_k4044.jpg)
I am not much on pistols.  I asked for one that my wife could shoot (she has a small hand) I was looking at the 9mm but the guy said he has seen someone get shot with a 9mm and still come at you so he suggested a 40cal.  She has done very well shooting it!  I hate to say it but her patterns were a lot better than mine.  Anyway thats what we carry.


Title: Re: CCW
Post by: foreman1 on January 20, 2009, 11:46:33 PM
I usually attend most gun shows from palm beach on south and occasionaly the one at the Lee county civic center , which tends to be pretty good. Last year military surplus ammo prices were some what stable until the polls started to show Obama gaining over Hillary . Once he got the nomination there was a steady increase during the campaig, all the way until the nov2 election .
Post election ...even greater demand.

A case of 1000 rnds of 7.62x39 was going for approx $189 depending the type , corrosive or not etc.
This past weekend sealed can of 700rnds starts at $250.

A  common reply to a ammo order :
We're sorry, this item (Product: 500 rds. 55 - gr. FMJ .223 Ammo (#######)) is not currently in stock. This backordered item will be delivered as soon as we get new stock in our warehouse. You will not be billed until the item is shipped.
This item is expected at XXXXXXXX distributor  on February 20, 2009.
If you do not want to order this item, please remove the item from your Shopping Cart.
 

Any AR or AK variant , regardless of make have gone up by approx +/-40%.
If a AR cost you $1200 last summer now its $2000 there's no haggling over these type of rifles.
Most dealers will flat out tell you, thats it not a penny less. 

We're going for a ride ....load up and enjoy  :drive.gif


Title: Re: CCW
Post by: big-daddy on January 21, 2009, 06:44:35 AM
I usually attend most gun shows from palm beach on south and occasionaly the one at the Lee county civic center , which tends to be pretty good. Last year military surplus ammo prices were some what stable until the polls started to show Obama gaining over Hillary . Once he got the nomination there was a steady increase during the campaig, all the way until the nov2 election .
Post election ...even greater demand.

A case of 1000 rnds of 7.62x39 was going for approx $189 depending the type , corrosive or not etc.
This past weekend sealed can of 700rnds starts at $250.

A  common reply to a ammo order :
We're sorry, this item (Product: 500 rds. 55 - gr. FMJ .223 Ammo (#######)) is not currently in stock. This backordered item will be delivered as soon as we get new stock in our warehouse. You will not be billed until the item is shipped.
This item is expected at XXXXXXXX distributor  on February 20, 2009.
If you do not want to order this item, please remove the item from your Shopping Cart.
 

Any AR or AK variant , regardless of make have gone up by approx +/-40%.
If a AR cost you $1200 last summer now its $2000 there's no haggling over these type of rifles.
Most dealers will flat out tell you, thats it not a penny less. 

We're going for a ride ....load up and enjoy  :drive.gif

Same here and people still paying those price.  ???


Title: Re: CCW
Post by: Anoriginal on January 21, 2009, 08:48:17 AM
I never seen so many people at the gun show getting their CCW. Ammo in low supply, when to walmart to get some 22LR and the shelf are empty.....WOW is this just in Miami or is this a new way of life in the Obama nation? 

I had one for years now, but looks to me everyone has one now. If you have one, what do you carry?   I carry a Glock 19 with some goodies.

Ricky, unfortunately I think it's everywhere. It's tough to find ammo (on the shelves) these days. A good friend of mine owns a really nice gun shop here in Manatee County and I deal with him quite a bit and try to stop in at least once or twice per week to chit chat. He can't keep .223, 9mm, .22LR, etc. on the shelf. As fast as he gets it in, it's gone.

As far as guns, the same thing rings true. He can't keep a black rifle in stock. And, he's backordered through the manufacturers for months ahead. Most places (like Bushmaster, DPMS, Rock River, etc.) are back ordered for 3 months minimum, depending on the model requested.

This the the state of the Obamanation.

I've got my CCWP. Usually carry a Kimber Ultra Carry II in .45ACP on my person and usually have a S&W 629 6" in .44mag in the truck.  ;)


Title: Re: CCW
Post by: big-daddy on January 21, 2009, 09:30:57 AM
Matt, it's the 22lr and 17HMR thats pissing me off, I can reload the rest. I'm glad I got into reloading years ago and stocked up on primers and powder. I also got into casting bullets from tire weights, so no problem there. 


You know why it's so cold today....... Remember!

It will be a cold day in hell if we had a black president.  ???


Title: Re: CCW
Post by: TNTaylor on January 21, 2009, 11:53:53 AM
don't you guys know you're not supposed to let everyone know what you carry.  someone only has to say you threatened them and describe the gun and you could be screwed.  the only time someone will know what I'm carrying is when i intend to use it.

Totally agree.  I never reveal my weapons unless a LEO or a close friend asks.  I've had a CCW since 86.  Personally, I think any law abiding citizen living in Miami-Dade or Broward counties should have one.  Times are hard and crime is on the rise.

I haven't had any problems finding 9mm or .38 ammo but the prices at the local Wall-Mart have been steadily increasing.  I have had problems getting 7.62 ammo at a reasonable price.


Title: Re: CCW
Post by: Anoriginal on January 21, 2009, 01:11:16 PM
I'm pretty stocked up on all the ammo I need...for now. But, I agree with you Ricky. Reloading is the way to go for sure!! I need to get back into it on a larger scale instead of piecemeal.

Oh, and the whole thing about identifying the gun you carry is a farce. All that is needed to put you in a predicament is for someone to say, 'He had a handgun and pointed it at me. I can't remember exactly what it looked like because I was so scared and upset but, it was definitely a hand gun."

Game over.


Title: Re: CCW
Post by: IXIswamperIXI on January 21, 2009, 01:51:50 PM
Not to get off subject but what is the law about shooting someone that is breaking into your house?  Didn't it just change not too long ago?  Again sorry big-daddy for getting off target here.


Title: Re: CCW
Post by: big-daddy on January 21, 2009, 03:11:04 PM
No problem..... They cant sue you from shooting them any more.


Title: Re: CCW
Post by: SpeedQuest on January 21, 2009, 03:40:31 PM
No problem..... They cant sue you from shooting them any more.

Not true...  The new law has nothing to do with litigation after the fact.  The new law changes the situations in which you can legally defend yourself.

Previously, you had to make an effort to retreat and/or avoid confrontation before you could legally defend yourself.  The new law strikes that down and basically states you must be in fear for yourself or your possessions or person's life or possessions in proximity to you.

Sounds like a good portion of the people on the Forums here need to invest in the book by Jon Gutmacher, "Florida Firearms:  Law, Use & Ownership"

Remember, unless you have your CCW almost any firearm-related offense or infraction is going to make you a FELON.  Even driving within 1000 feet of a school with a weapon in your car counts if you don't have a CCW.


Title: Re: CCW
Post by: Anoriginal on January 21, 2009, 03:59:49 PM
We've had the Gutmacher conversations about 18 months ago. Most CCWP holders have it.



Title: Re: CCW
Post by: backinsaddle on January 21, 2009, 04:32:12 PM
Matt, i understand what you're saying about identifying the gun being a farce, i thought about that too, however, why even let people know you carry and give them the opportunity to make up a story.  if they don't know, they would only be guessing. 


Title: Re: CCW
Post by: IXIswamperIXI on January 21, 2009, 04:48:15 PM
No problem..... They cant sue you from shooting them any more.

Not true...  The new law has nothing to do with litigation after the fact.  The new law changes the situations in which you can legally defend yourself.

Previously, you had to make an effort to retreat and/or avoid confrontation before you could legally defend yourself.  The new law strikes that down and basically states you must be in fear for yourself or your possessions or person's life or possessions in proximity to you.

Sounds like a good portion of the people on the Forums here need to invest in the book by Jon Gutmacher, "Florida Firearms:  Law, Use & Ownership"

Remember, unless you have your CCW almost any firearm-related offense or infraction is going to make you a FELON.  Even driving within 1000 feet of a school with a weapon in your car counts if you don't have a CCW.

Thanks!  I understand what both of you are saying. :)


Title: Re: CCW
Post by: Anoriginal on January 21, 2009, 04:59:03 PM
Matt, i understand what you're saying about identifying the gun being a farce, i thought about that too, however, why even let people know you carry and give them the opportunity to make up a story.  if they don't know, they would only be guessing. 

True and a good point.  :lecture.gif


Title: Re: CCW
Post by: shogun323 on January 22, 2009, 08:46:41 AM
My carry weapon depends on the clothing I am wearing. If I have to wear form fitting work clothes I carry a noisy cricket (Keltec .380) with the belt clip.

When wearing clothes a little baggier I have my beloved Kimber 1911 Ultra Carry II.


Title: Re: CCW
Post by: MedicMudder on January 22, 2009, 09:15:39 AM
model 1911 45 big azzz heavy brick,but if needed big hole going in BIGGER hole going out :-* :-*


Title: Re: CCW
Post by: B. Graves on January 23, 2009, 01:54:27 PM
No problem..... They cant sue you from shooting them any more.

Not true...  The new law has nothing to do with litigation after the fact.  The new law changes the situations in which you can legally defend yourself.

Previously, you had to make an effort to retreat and/or avoid confrontation before you could legally defend yourself.  The new law strikes that down and basically states you must be in fear for yourself or your possessions or person's life or possessions in proximity to you.

Sounds like a good portion of the people on the Forums here need to invest in the book by Jon Gutmacher, "Florida Firearms:  Law, Use & Ownership"

Remember, unless you have your CCW almost any firearm-related offense or infraction is going to make you a FELON.  Even driving within 1000 feet of a school with a weapon in your car counts if you don't have a CCW.

shoot to kill and no problems with that. and are you saying that if im defending myself at my house w/out a CCWP that it can be a felony? im only 18 so i cant get the CCWP yet.


Title: Re: CCW
Post by: shogun323 on January 23, 2009, 02:03:27 PM
No problem..... They cant sue you from shooting them any more.

Not true...  The new law has nothing to do with litigation after the fact.  The new law changes the situations in which you can legally defend yourself.

Previously, you had to make an effort to retreat and/or avoid confrontation before you could legally defend yourself.  The new law strikes that down and basically states you must be in fear for yourself or your possessions or person's life or possessions in proximity to you.

Sounds like a good portion of the people on the Forums here need to invest in the book by Jon Gutmacher, "Florida Firearms:  Law, Use & Ownership"

Remember, unless you have your CCW almost any firearm-related offense or infraction is going to make you a FELON.  Even driving within 1000 feet of a school with a weapon in your car counts if you don't have a CCW.

shoot to kill and no problems with that. and are you saying that if im defending myself at my house w/out a CCWP that it can be a felony? im only 18 so i cant get the CCWP yet.

Nope. The castle doctrine states you are within your rights to defend your home. There is no exemption from law suits. I take it as a given that if I had to shoot someone there would be a Civil suit from the scumbags family.


Title: Re: CCW
Post by: SpeedQuest on January 23, 2009, 08:13:42 PM
shoot to kill and no problems with that. and are you saying that if im defending myself at my house w/out a CCWP that it can be a felony? im only 18 so i cant get the CCWP yet.

You can defend yourself in your domicile...  But let me ask you a quick question?  Do you live with your parents or do you rent an apartment/duplex/condo?


Title: Re: CCW
Post by: Anoriginal on January 23, 2009, 10:27:48 PM
Doesn't matter, provided you're in reasonable fear for your lifeand/or the life of another.

You domicile = where you live.


Title: Re: CCW
Post by: Ynot0323 on January 23, 2009, 11:25:12 PM
Kahr 40cal

([url]http://i45.photobucket.com/albums/f77/IXIswamperIXI/img_PA_k4044.jpg[/url])
I am not much on pistols.  I asked for one that my wife could shoot (she has a small hand) I was looking at the 9mm but the guy said he has seen someone get shot with a 9mm and still come at you so he suggested a 40cal.  She has done very well shooting it!  I hate to say it but her patterns were a lot better than mine.  Anyway thats what we carry.



Someone still come at you after being shot with a 9mm ?? FUNNY.. Obviously they werent good shots and you didnt empty the mag.. Personally i HATE the 40.. I would rather shoot a 45... But that is just me..

Every agency that shoots at my job, that has the 40, does not like it, and they only shoot it to qualify, it is a brutal round..

Tony
*Medley Police Range RDO *


Title: Re: CCW
Post by: IXIswamperIXI on January 24, 2009, 08:04:32 AM
Kahr 40cal

([url]http://i45.photobucket.com/albums/f77/IXIswamperIXI/img_PA_k4044.jpg[/url])
I am not much on pistols.  I asked for one that my wife could shoot (she has a small hand) I was looking at the 9mm but the guy said he has seen someone get shot with a 9mm and still come at you so he suggested a 40cal.  She has done very well shooting it!  I hate to say it but her patterns were a lot better than mine.  Anyway thats what we carry.



Someone still come at you after being shot with a 9mm ?? FUNNY.. Obviously they werent good shots and you didnt empty the mag.. Personally i HATE the 40.. I would rather shoot a 45... But that is just me..

Every agency that shoots at my job, that has the 40, does not like it, and they only shoot it to qualify, it is a brutal round..

Tony
*Medley Police Range RDO *


I don't know much about them. (pistols) That little thing is heavy and small and pretty strong.  Thought it would fit her hands better with less recoil.  Its ok, we are not serious shooters.  Its just for the house, ect.   ;)


Title: Re: CCW
Post by: TRX450R_Racer on January 24, 2009, 08:09:00 AM
Here is the best home protection.

(http://tropicalfirearms.com/images/mos500t.jpg)


Title: Re: CCW
Post by: IXIswamperIXI on January 24, 2009, 09:29:15 AM
or this?  >:D

http://www.youtube.com/watch?v=snDf5PnNsyM

LOL


Title: Re: CCW
Post by: SpeedQuest on January 24, 2009, 09:54:48 PM
Doesn't matter, provided you're in reasonable fear for your lifeand/or the life of another.

You domicile = where you live.

Ahh...  but it does matter.  If you live in an apartment building and you DON'T have a CCW, explain to me how you got the firearm into your apartment without commiting a felony?

Without a CCW, it's a felony to carry (concealed or otherwise) a firearm in any 'common areas' of an apartment, condominium or other multi-family dwelling or complex.  So if you bought a firearm (or it was gifted to you), how did you get it into your apartment without breaking the law?

Believe it or not, cops can and will bring this up from time to time.

One more reason why the legislators need to make gun laws into State Laws, rather than State Constitutional Amendments.  Now in order to change the stupid wording it would take a majority vote by the general public, rather than just letting the legislators modify it within the Statutes.


Title: Re: CCW
Post by: IXIswamperIXI on January 24, 2009, 09:57:47 PM
What if you knew someone with a CCW and that person brought it to you?


Title: Re: CCW
Post by: B. Graves on January 24, 2009, 11:02:56 PM
Doesn't matter, provided you're in reasonable fear for your lifeand/or the life of another.

You domicile = where you live.

Ahh...  but it does matter.  If you live in an apartment building and you DON'T have a CCW, explain to me how you got the firearm into your apartment without commiting a felony?

Without a CCW, it's a felony to carry (concealed or otherwise) a firearm in any 'common areas' of an apartment, condominium or other multi-family dwelling or complex.  So if you bought a firearm (or it was gifted to you), how did you get it into your apartment without breaking the law?

Believe it or not, cops can and will bring this up from time to time.

One more reason why the legislators need to make gun laws into State Laws, rather than State Constitutional Amendments.  Now in order to change the stupid wording it would take a majority vote by the general public, rather than just letting the legislators modify it within the Statutes.

i still live with my parents in a neighborhood.


Title: Re: CCW
Post by: bluesman on January 25, 2009, 07:28:45 AM
Its very simple
                            ID RATHER BE TRIED BY 12
                                            THAN CARRIED BY 6
                                                                               BLUESMAN


Title: Re: CCW
Post by: IXIswamperIXI on January 25, 2009, 03:45:57 PM
Its very simple
                            ID RATHER BE TRIED BY 12
                                            THAN CARRIED BY 6
                                                                               BLUESMAN

Just playing devils advocate here  >:D but not all burgalares want to kill you.

Now with that said I completely understand what you are saying.  Better safe than sorry!  ;)


Title: Re: CCW
Post by: big-daddy on January 25, 2009, 06:40:18 PM
Its very simple
                            ID RATHER BE TRIED BY 12
                                            THAN CARRIED BY 6
                                                                               BLUESMAN

So true!  ;D


Title: Re: CCW
Post by: Anoriginal on January 26, 2009, 09:22:10 AM
Doesn't matter, provided you're in reasonable fear for your lifeand/or the life of another.

You domicile = where you live.

Ahh...  but it does matter.  If you live in an apartment building and you DON'T have a CCW, explain to me how you got the firearm into your apartment without commiting a felony?

Without a CCW, it's a felony to carry (concealed or otherwise) a firearm in any 'common areas' of an apartment, condominium or other multi-family dwelling or complex.  So if you bought a firearm (or it was gifted to you), how did you get it into your apartment without breaking the law?

Believe it or not, cops can and will bring this up from time to time.

One more reason why the legislators need to make gun laws into State Laws, rather than State Constitutional Amendments.  Now in order to change the stupid wording it would take a majority vote by the general public, rather than just letting the legislators modify it within the Statutes.

Actually, you're wrong. You can carry a weapon properly encased to and from your apartment/condo, etc. The problems come up when you take your gun in a concealed manner from your dwelling into a common area. Your right to carry concealed ends at the door.


Title: Re: CCW
Post by: SpeedQuest on January 26, 2009, 02:23:20 PM
Actually, you're wrong. You can carry a weapon properly encased to and from your apartment/condo, etc. The problems come up when you take your gun in a concealed manner from your dwelling into a common area. Your right to carry concealed ends at the door.

Sorry Reality, you are wrong.  "Common area" as defined by Florida case law regarding apartments, duplexes, condominiums, begins the moment you step off of your welcome mat outside your front door.  This includes parking lots, sidewalks, adjacent sidewalks, breezeways, swimming pools, rental/manager offices, etc.

Again, this is why we all need to chastise our legislators.  The way the law is currently written, it is ILLEGAL (and a FELONY) for a non-CCW person to take a gun (encased or not) into his/her apartment from his/her vehicle.  And in order to change this it will take a Constitutional Amendment, not just a meeting of the legislators.


Title: Re: CCW
Post by: Anoriginal on January 26, 2009, 03:03:49 PM
Um, guess you don't get the updates on the Florida Gun laws huh?

Under a ruling this past year by the Florida Supreme Court, it's no longer an issue. It's the same reasoning as the "take your gun to work" legislation that went into effect after Gutmacher's latest edition. (Which contained the theory you're talking about on pages 94-95.)   :-*


Title: Re: CCW
Post by: SpeedQuest on January 26, 2009, 04:31:02 PM
I do get the updates.  But, your arguement is circumstantial at best.  The "Guns At Work" legislation is an animal of a different sort.  In a legal sense, just because you are granted a specific permission in one situation, does not mean you are granted the same permission in a similar yet different situation.

While your line of thinking makes sense(and I think it should be legal by the way), the new "Guns At Work" legislation does nothing to clarify or describe the rights of individuals to carry a firearm in their vehicle in the setting we are discussing(in parking lots of apartment complexes, duplexes, condo's, etc).  Yes, the new law allows employees to carry 'secured' weapon on their employers "Parking Lots".  And of course the old laws on the books allow you to transport a firearm "securely encased" or not "readily available" in a private conveyance.

As Mr. Gutmacher loves to say...  Perfect ground for a 'test case'.  Which means on the outset you have a 50/50 chance of going to jail for a Felony.

The reality still remains, in Florida, if you don't have your CCW, you are truly restricted.


Title: Re: CCW
Post by: singleshot on January 26, 2009, 04:36:33 PM
This is a great story....I hope it is true.

Snopes has this listed as "Undetermined". They are still researching
it.

From the personals column of a Savannah, GA local paper

To the Guy Who Mugged Me (Downtown, Savannah, Ga.):

I was the guy with the black Burberry jacket that you demanded I hand
over shortly after you pulled the knife on me and my girlfriend. You
also asked for my girlfriend's purse and earrings. I hope you somehow
come across this message. I'd like to apologize.

I didn't expect you to cr@p your pants when I drew my pistol after
you took my jacket. Truth is, I was wearing the jacket for a reason that
evening, and it wasn't that cold outside. You see, my girlfriend had
just bought me that Kimber 1911 .45 ACP pistol for Christmas, and we had
just picked up a shoulder holster for it that evening. Beautiful
pistol, eh? It's a very intimidating weapon when pointed at your head, isn't
it?

I know it probably wasn't a great deal of fun walking back to
wherever you'd come from with that brown sludge flopping about in your pants.
I'm sure it was even worse since you also ended up leaving your shoes,
cellphone, and wallet with me. I couldn't have you calling up any of
your buddies to come help you try to mug us again. I took the liberty of
calling your mother, or "Momma" as you had her listed in your cell, and
explaining to her your situation. I also bought myself some gas on
your card. I gave your shoes to one of the homeless guys over by Vinnie
Van Go Go's, along with all of the cash in your wallet, then I threw the
wallet itself in a dumpster.

I called a bunch of phone s@x numbers from your cell. They'll be on
your bill in case you'd like to know which ones. Alltel recently shut
down the line, and I've only had the phone for a little over a day now,
so I don't know what's going on with that. I hope they haven't
permanently cut off your service. I was about to make some threatening phone
calls to the DA's office with it. Oh well.

So, about your pants. I know that I was a little rough on you when
you did this whole attempted mugging thing, so I'd like to make it up to
you. I'm sure you've already washed your pants, so I'd like to help you
out. I'd like to reimburse you for the detergent you used on the
pants. What brand did you use, and was it liquid or powder? I'd also like to
apologize for not killing you and instead making you walk back home
humiliated. I'm hoping that you'll reconsider your choice of path in
life. Next time you might not be so lucky. If you read this message, email
me and we'll do lunch and laundry.

Peace! - Alex

Note: These things happen when law abiding citizens qualify for a
concealed weapons permit.


Title: Re: CCW
Post by: SpeedQuest on January 26, 2009, 04:51:12 PM
Okay, Mr. Gutmacher has replied to my inquiry...  Here is what I asked:

Quote
In the copy of my book, Sixth Edition, copyrighted 2008, I understand that "common areas" of apartment complexes, duplexes, etc. are off limits to a person carrying a firearm unless they have a CCW permit?  Is this correct?  Or are those areas now covered under the law governing workplace and "take your gun to work".  Thanks in advance for your opinion!

Here is his response, short and to the point:

Quote
off limits
 
jhg

Seeing as Mr. Gutmacher is probably the foremost in Gun Law in Florida, I would say the case is now closed...


Title: Re: CCW
Post by: Anoriginal on January 26, 2009, 05:13:35 PM
Actually, you're wrong. You can carry a weapon properly encased to and from your apartment/condo, etc. The problems come up when you take your gun in a concealed manner from your dwelling into a common area. Your right to carry concealed ends at the door.

Sorry Reality, you are wrong.  "Common area" as defined by Florida case law regarding apartments, duplexes, condominiums, begins the moment you step off of your welcome mat outside your front door.  This includes parking lots, sidewalks, adjacent sidewalks, breezeways, swimming pools, rental/manager offices, etc.


Um, that's what I said.  ???

Anyway, about your Gutmacher e mail. Do what you like and take whatever precautions you will. Always better to err on the side of caution.

I just re-read the cases (two of them) from September and December 2008 on Westlaw. The "reasoning" was the same as the take your gun to work law....I never said it covered it and niether did the courts. You'll note that Section 790.25 Florida Statutes (2009) never specifically addresses common areas and the only place it's ever been an issue is in the court's interpretation.

Agreed that Gutmacher is the foremost authority. But, I'm going by what the Supreme Court ruled. In fact, there only one or two cases out there where a person was hammered over the common areas issue and it wasn't based upon an encased weapon. Rather, it was concealment and brandishing. (As in the State v. Sherrod case cited by Gutmacher in his book).

Keep in mind, in the Sherrod case the defendant was found guilty of carrying a concealed weapon on property (not his own) without a CCWP. He might as well have been standing in the parking lot of a grocery store with a concealed weapon. Either way, the result was going to be the same. Nothing in the Sherrod case (or those citing it or related to it) deals with carrying a gun in a case to your home from your car or from the store to you car, etc. etc. etc. If that were the case, every time you purchased a gun and walked to your car with it, you'd be guilty of a felony.

Moreover, the issue of possession of a firearm in a common area would never be an issue as long as you did not admit to the transportation. "I don't recall how that weapon got into my apartment/condo, etc." Is perfectly allowable and gets you around it...assuming I am wrong.

I agree though, unless you have a CCWP, you're definitely restricted in Florida.

(Oh, and there is a mistake in Gutmacher's book at foot note 109. The actual cite for the Sherrod case he refers to is: Sherrod v. State, 484 So.2d 1279, 11 Fla. L. Weekly 461 (Fla.App. 4 Dist. Feb 19, 1986) In case anyone wants to look it up.)


Title: Re: CCW
Post by: B. Graves on January 26, 2009, 08:42:39 PM
is it legal for me to have a shotgun in my truck? its not readily accessible but its also not in a case either.


Title: Re: CCW
Post by: TRX450R_Racer on January 26, 2009, 10:52:00 PM
It has to be in a incased in something, even a cardboard box would qualify.


Title: Re: CCW
Post by: SpeedQuest on January 27, 2009, 11:27:21 AM
is it legal for me to have a shotgun in my truck? its not readily accessible but its also not in a case either.

For the purpose of this post, I will assume you don't have your CCW permit.

According to Mr. Gutmacher's book, Florida Firearms, there was an interesting case, Boswink vs. State in which the appellate court decided:

Quote
that a loaded shotgun in the back of a small truck was not "readily accessible" because the cabe was too small to use the weapons from the inside without difficulty, and the occupant would normally have to exit the truck in order to retrieve, and use them effectively.  Thus, they were not subject to retrieval "as easily and quickly as if carried on the person."

He (Mr. Gutmacher), then goes on to quote Florida Statute 790.25(5):

Quote
"Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use."

But he does caution that carrying of these types of weapons in ANY urban setting would probably get you arrested due to an urban policeman not knowing the letter of the law.  You would probably have grounds to get the case thrown out, but would it be worth the hassle of being arrested?


Title: Re: CCW
Post by: Anoriginal on January 27, 2009, 03:16:20 PM
As an attorney, I've got to make sure everyone understands the following.

Gutmacher is probably the undisputed top notch expert on Florida's firearms law. But, his book is not the "law". Rather, it's his personal opinion on how the law is interpreted.

Luckily for all of us, he's gone to the trouble of researching the issues ad nauseum and provided a great source for everyone from you and I, cops, judges, etc. In fact, most Florida courts use his book as a starting place for research on gun laws.

But, as Gutmacher carefully points out in his book, he's not the end all, be all authority on this subject. For that, you've got to look at two areas beyond his book. Those areas are: (1) Florida Statues; and (2) Florida case law interpreting those statutes.

So, what does that mean? Well, for all practical purposes Gutmacher's opinion is going to be absolute gold in 99.9999999% of the cases. However, until you're in front of the Judge, you can never be sure.

With this being said, the smart money is on not tempting fate. For instance, Speedquest and I disagree (and I disagree with Gutmacher) on the issue of carrying an encased weapon across common areas into your apartment/condo, etc. However, I'm certainly not going to invite the cops to watch me do so just so I can test things out. I am going to do the same thing that Speedquest advocates and keep my gun out of common areas.

Moreover, you shouldn't test things out on carrying an uncased shotgun in your truck. Why? Well, although it might be 100% legal to do so, you're inviting a host of problems, the least of which isn't theft. Also, you have no idea what a judge will rule relative to any charges levied against you. For as many Judges in as many courts in as many counties we have, you have that many competing/different decisions. Why take the chance? Keep it encased and out of sight. That way, you've got no issues.


Title: Re: CCW
Post by: SpeedQuest on January 28, 2009, 10:21:39 AM
I love you man!  LOL! ;)


Title: Re: CCW
Post by: Anoriginal on January 28, 2009, 11:38:08 AM
 :-*