Florida Shooters Network

mjmensale wrote:

dunndealin wrote:SO if an officer asks "are there any weapons in the car?"/ My answer should be "that is irrelevant to this traffic stop"????

Only if you're feeling froggy.

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.

Looks to me like you would have to be in "actual possession" of the gun. Wonder what actual possession means.....

Enoch wrote:

g.willikers wrote:So, concealed carry license info is not included in the drivers' license data?

My wife's cousin is an officer in Vero Beach and I asked him that specific question and he said "no" that information does not come up when they run your tag or DL.

It's amazing to me that so many Florida CCW don't know this. Interestingly enough, our CCWs are administrated through the Department of Agriculture. Totally separate entity from law enforcement.

There is no information attached to your driver's license that states you carry a firearm, nor does an officer have the ability to attach any such information to your driver's license. Sounds to me from what the OP has written, this officer did the right thing and acted professional (except for the last statement of flagging in the computer ) when advised that the lawbidding citizen who he was dealing with for a civil infraction was excerising his right to carry a firearm.

I cant speak for all leo's or about every situation, but I have seen to many incidents were rights were violated in the name of "safety" when there is no just cause. It is a safety tactic for officers to ask if you have any weapons on you or in your vehicle because they dont know who they are dealing with it. Unfortunately when some officers get the response yes I have a "gun" or "firearm" they over react, instead of following up with questions such as where is the firearm or do you have a CWP. Once the responses have been confirmed and if the lawbidding citizen is carrying with in the statue guidelines then in most cases there is no reason to disarm them. At that point what right do I have to take lawfully owned property away from a citizen and start running serial numbers etc. for a civil infraction.

There are many steps an officer should take to be safe when dealing with a lawfully arm citizen well before the situation ever comes down to possibly taking possesion of a lawfully carry firearm. One of them is just as this officer stated please keep your hands were I can see them.

There are many of us (including me) who have made mistakes and done the wrong thing in dealing with citizens and yes training is major way of correcting it, but with that being said when you contact the agency to make your complaints (as u should) also remember to make the call when you have an officer who is doing the right thing. It is important for departments to know both.

Officers need to remember that not every person we deal with is a criminal and citizen need to remember that not every officer is trying to violate your rights........

The "note in the computer" talk from the LEO was surprising. Nice that he did not remove your gun and clear it "for safety". One would think that LEO's would be a bit more relaxed with CWP holders anyway (keep hands visible / leave gun alone).

dunndealin wrote:SO if an officer asks "are there any weapons in the car?"/ My answer should be "that is irrelevant to this traffic stop"????

The Officer's conversation/questions at this point are consensual and you have no obligation to answer them. I'd Politely tell the Officer that I have nothing illegal in my vehicle and cease further conversation.