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Man shopping at Walmart attacked for carrying gun he was legally permitted to have (Florida)(trunc)
tampabay.com ^ | Jan 21, 2015 | tampabay.com

Posted on 01/21/2015 12:21:14 PM PST by SWAMPSNIPER

BRANDON — Clarence Daniels had just crossed the threshold of Walmart's front doors on Tuesday, in search of coffee creamer for his wife, when the gun in hip holster gave a well-intentioned vigilante the idea he was up to something more sinister.

(Excerpt) Read more at tampabay.com ...


TOPICS: News/Current Events
KEYWORDS: 3rdthread; banglist; ccw; crime; guns; retail; searchwalmart; walmart
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To: BCW

Thank you for the reminder. That is something I’ve been neglecting lately.


41 posted on 01/21/2015 1:02:47 PM PST by ASA Vet (Don't assume Shahanshah Obama will allow another election.)
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To: X-spurt
The law was changed in 2013. If your gun is inadvertently exposed they can't pull your license.
42 posted on 01/21/2015 1:03:43 PM PST by tschatski
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To: Scutter

Not going to apologize for dissing your comment.

I REFUSE to carry both my concealed holster and my hip holster when I’m doing range shooting. Let alone finding it too hot to wear the jacket I left the house with. I consider ‘dangerous’ the idea that I’m being reckless for open carrying and there is NOTHING in the article to suggest this guy was an ‘activist’.

I recommend that EVERY CHL holder open carry from time-to-time in their area. It’s the desensitizing nature of ‘not’ OCing that causes this sort of crap.

If you forgot your sarc tag, that’s on you.


43 posted on 01/21/2015 1:03:47 PM PST by logi_cal869 (-cynicus-)
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To: SWAMPSNIPER
This is why the fool tackled him. Mr. Clarence Daniels is on the right.


44 posted on 01/21/2015 1:04:47 PM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: Blood of Tyrants

Ya know, I missed that tidbit scanning the article and reacted to Scutter’s comment.

Thanks for pointing that out. Moron is right.


45 posted on 01/21/2015 1:06:16 PM PST by logi_cal869 (-cynicus-)
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To: Scutter

“Carry concealed, fool!”

He was. The idiot saw him holster the gun when he got out of his car. The gun was under his jacket.


46 posted on 01/21/2015 1:07:58 PM PST by Beagle8U (NOTICE : Unattended children will be given Coffee and a Free Puppy.)
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To: yefragetuwrabrumuy

Yep,and he looks like a decent guy, not a gangbanger.


47 posted on 01/21/2015 1:11:57 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
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To: X-spurt

IT WAS CONCEALED!


48 posted on 01/21/2015 1:13:57 PM PST by Beagle8U (NOTICE : Unattended children will be given Coffee and a Free Puppy.)
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To: Jewbacca

It wasn’t printing. According to the article, he openly took the gun where people could see it and then placed it under his jacket. When he brought the gun out of concealment, that’s enough to get the license yanked.


49 posted on 01/21/2015 1:22:30 PM PST by RightFighter (It was all for nothing.)
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To: tschatski

According to the article, it wasn’t inadvertent exposure, it was deliberate.

From the Walmart parking lot at 11110 Causeway Boulevard, Michael Foster, 43, of Lithia had watched Daniels, 62, take from his car the handgun — for which he holds a concealed carry permit — and place it on his hip underneath his coat, Hillsborough sheriff’s deputies reported.


50 posted on 01/21/2015 1:24:37 PM PST by RightFighter (It was all for nothing.)
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To: Beagle8U

If the idiot saw him holster his gun, that means the gun wasn’t concealed and the exposure was not inadvertent. That’s a violation of the law.


51 posted on 01/21/2015 1:25:57 PM PST by RightFighter (It was all for nothing.)
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To: RightFighter

He saw the gun at his car before he put his jacket on.


52 posted on 01/21/2015 1:30:31 PM PST by Beagle8U (NOTICE : Unattended children will be given Coffee and a Free Puppy.)
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To: RightFighter

BS ! Where is your proof it was a deliberate exposure?

When I travel in my vehicle, it is uncomfortable to have my concealed weapon on me—it stays in my between-seat console or beside me covered up (concealed). But when I get out of the vehicle, I have to retrieve it and holster or pocket it, and during that brief time, no matter how hard I try to conceal the action, there is the chance someone in the vehicle next to me, above me in an office building window, or watching via overhead camera, drone, or satellite, can see me do that. That’s not deliberate, it just has to be, and it’s not brandishing! Brandishing isn’t just letting the weapon accidentally be glimpsed, it has to do with an overt or implied threat WITHOUT JUSTIFICATION to use the purposely-displayed (”brandished”) weapon! The former is not illegal, but the latter is. It sounds to me like Mr. Daniels simply had his movement accidentally witnessed.

What sounds more likely in this case is profiling by Foster, as Mr. Daniels appears to be Black.


53 posted on 01/21/2015 1:38:23 PM PST by Notthemomma
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To: RightFighter
Not in Florida it isn't. One can transition or adjust your gun. It can be seen by the public, but as long you aren't threatening anyone or similar such actions, you are in no way at fault for exposing your firearm or other weapon.
54 posted on 01/21/2015 1:42:55 PM PST by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: SWAMPSNIPER

Thats how you get shot.


55 posted on 01/21/2015 2:05:14 PM PST by envisio (Its on like Donkey Kong!)
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To: Scutter

Your comments...
The replies....

awkward.....


56 posted on 01/21/2015 2:09:17 PM PST by envisio (Its on like Donkey Kong!)
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To: RightFighter

Not in Florida.


57 posted on 01/21/2015 2:10:01 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
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To: Mad Dawgg

I don’t open carry. Simply because I don’t want anyone to know I have one. Just my personal preference.
That said, I think we can all agree there should not be a law saying I can’t if I so desire.


58 posted on 01/21/2015 2:19:46 PM PST by envisio (Its on like Donkey Kong!)
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To: RightFighter
I agree. In Texas this case might cause him to have to defend his action in order to keep his license. a hearing would have to decide if he intended people to see him holster his weapon which could be considered brandishing.

Until we get constitutional carry or licensed open carry we face these questions. There are two constitutional carry bills ready to be introduced when our legislature returns and there are at least 4 open carry bills requiring a license that will be introduced.

During the 2013 debate over changing our law, one of the points made was that under the old way the law was written if you took you gun off in the the parking lot and locked it in your trunk before entering a place where carry was illegal you should not lose your license.

It seems to me that putting your gun back on would covered as not something that would cause you to lose tour license. automatically.

59 posted on 01/21/2015 2:21:48 PM PST by tschatski
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To: bdog2995

Doesn’t stop me either.

Its concealed and nobody is the wiser. I would rather face charges on a misdemeanor ordinance than bury one of my family members because I could not defend them.


60 posted on 01/21/2015 2:22:57 PM PST by envisio (Its on like Donkey Kong!)
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