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Florida First District Court of Appeals: Concealed Gun not Valid Reason for Stop
AmmoLand ^ | 15 June, 2020 | Dean Weingarten

Posted on 06/19/2020 6:14:48 AM PDT by marktwain

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To: marktwain

BTW, as soon as the officer runs your drivers license, he probably knows if you have a CCP or not.


21 posted on 06/19/2020 11:01:57 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: Magnum44
It may be the case in your state, but in the majority of states it is not.

In 45 states, open carry is legal. 14 of those require a permit.

Open carry is only generally illegal in public in five states, of which one of them is Florida, where inadvertent or occasional revealing of the concealed gun is not illegal.

Thus, there are only four states, California (where open carry is legal in some counties, with a permit), Illinois, New York, and South Carolina, where this is even an issue, legally.

In practice, there are states such as Hawaii, New Jersey, Maryland, Delaware and Rhode Island, where so few permits are allowed that legal carry is extremely rare, and thus subject to more scrutiny.

22 posted on 06/19/2020 11:26:28 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

It doesnt matter if the state is open carry. He was (illegally???) concealed when he got out of the car, at least according to the article. He then was caught carrying concealed when he apparently raised his hands (shirt came up???). So I dont think its an issue as to him carrying concealed without a permit. It may be that the stop was ruled illegal and then fruit of the poisonous tree applies to everything thereafter.


23 posted on 06/19/2020 11:32:58 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: Flavious_Maximus
So the cop was originally stopping the citizen because he had a faulty license plate cover?

That in itself is harassment. And the cops wonder why people are fed up with their overzealous policing.

Yup. For the vast majority of citizens, it is this kind of petty harassment that is essentially the only interaction they have with police. And cops wonder why we're not all that interested in standing up for them?

24 posted on 06/19/2020 12:48:00 PM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: Magnum44
It may be that the stop was ruled illegal and then fruit of the poisonous tree applies to everything thereafter.

Precisely. The point is enough people are carrying legally, that it is not reasonable suspicion to ask for a permit, simply by seeing a firearm which was concealed.

25 posted on 06/19/2020 6:10:46 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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