Close call...


T

TheDanimal

New member
Being new here, I thought I'd share a quick story-years ago, I entered a conv store with my .38 in the small of my back. Had on an opened button down with a tucked in T-shirt..when i got out of my car, I made sure to pull shirt down in the back to make sure i was covered, but I wasn't. Walked into the store, shopped for a minute, then at the counter I was surprised to hear from another "patron" to 'let me see your hands', as he drew down on me. It was an off duty LEO who was pointing his SIG at me. After being checked out and given a reaming about unlawful display, which was bogus because it wasn't intentional, Leo let me go on my way with a warning. He said he would have arrested me if he wasn't on his way home. Instead of arguing, I thanked him and promised it wouldn't happen again. Fla statutes are worded to say "displayed in a rude careless or threatening manner." While indeed careless, it wasn't reckless. It changed how I carry forever. I'm proud to carry, but don't want to be a cop's mistake. Carry on. Carry safe.
 

Pssst! Oldgrunt! Quick! Hunker down behind these sandbags with me. Someone is going to start throwing poo and hand grenades...I can just sense it with my girlpowers.

Did you bring snacks? I didn't have any breakfast.
 
Well, with the new wording on the law that wont happen in the future. Some LEOs dont have any common sense when to be harsh on people. You made an honest mistake and all he needed to say was your weapon is showing; after identifying himself as a LEO of course. Drawing on you was way out of line.
 
localgirl:202655 said:
Pssst! Oldgrunt! Quick! Hunker down behind these sandbags with me. Someone is going to start throwing poo and hand grenades...I can just sense it with my girlpowers.

Did you bring snacks? I didn't have any breakfast.
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I thought girlpowers were only available once a month...
 
Like I said, it seemed bogus and over the top, but I didn't want to argue with a cop..he did identify himself properly and I did see his badge.....It all taught me one thing.....concealed carry means just that..Conceal at all costs. It will not happen again. Carry on.
 
TheDanimal said:
Being new here, I thought I'd share a quick story-years ago, I entered a conv store with my .38 in the small of my back. Had on an opened button down with a tucked in T-shirt..when i got out of my car, I made sure to pull shirt down in the back to make sure i was covered, but I wasn't. Walked into the store, shopped for a minute, then at the counter I was surprised to hear from another "patron" to 'let me see your hands', as he drew down on me. It was an off duty LEO who was pointing his SIG at me. After being checked out and given a reaming about unlawful display, which was bogus because it wasn't intentional, Leo let me go on my way with a warning. He said he would have arrested me if he wasn't on his way home. Instead of arguing, I thanked him and promised it wouldn't happen again. Fla statutes are worded to say "displayed in a rude careless or threatening manner." While indeed careless, it wasn't reckless. It changed how I carry forever. I'm proud to carry, but don't want to be a cop's mistake. Carry on. Carry safe.
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Damn! I don't think the cop should have drawn on you. If your shirt is riding up that's not intentionally displaying in a rude or threatening manner. Also, most perps don't use a holster. They want to throw the gun during the foot chase and have no evidence that they were armed. Generally perps carry "Mexican" or in the pocket. The presence of the holster should have told him something. I think he was way out of line.
 
A couple of years ago got out of valet parking of car with wife, jacket rode over weapon, police officer at door said " your weapon is showing, first inkling was to zip up, he noticed I was checking zipper and said " your pistol" every time I step out of car I double check.
 
TheDanimal said:
Being new here, I thought I'd share a quick story-years ago, I entered a conv store with my .38 in the small of my back. Had on an opened button down with a tucked in T-shirt..when i got out of my car, I made sure to pull shirt down in the back to make sure i was covered, but I wasn't. Walked into the store, shopped for a minute, then at the counter I was surprised to hear from another "patron" to 'let me see your hands', as he drew down on me. It was an off duty LEO who was pointing his SIG at me. After being checked out and given a reaming about unlawful display, which was bogus because it wasn't intentional, Leo let me go on my way with a warning. He said he would have arrested me if he wasn't on his way home. Instead of arguing, I thanked him and promised it wouldn't happen again. Fla statutes are worded to say "displayed in a rude careless or threatening manner." While indeed careless, it wasn't reckless. It changed how I carry forever. I'm proud to carry, but don't want to be a cop's mistake. Carry on. Carry safe.
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In the bold and underlined part of your post you admit to breaking the law. The statute does not say "rude, careless, angry, and threatening manner". What does the statute actually say?

Statutes & Constitution :View Statutes : Online Sunshine

790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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The conjunction in the statute is "OR". Therefore, careless, by itself, causes the statute to be broken. You admit to careless. The police officer had probable cause to indicate that you were breaking the statute and exercised his discretionary ability to let you go with a warning vice issue you a citation.

As you can see, making a simple statement as you did above CAN be an admission of guilt. Which is why any competent lawyer will tell you to not volunteer anything to the police, even if you have nothing to hide.... in this case.... your gun.
 
checkcheckcheck

Did you even have your gun holstered? Couldn't tell from your story, kinda sounds like maybe not. As mentioned already, a "mexican carry" in a stop-n-shop will put most cops in a lather. As a legally armed citizen, I spot knuckle-heads carrying often enough, but if they are walking into a Sam's with their family, I don't pay them no mind. But seeing your situation, especially if you were not holstered, my hands would at the least be gripping my pocket BUG and my tazer.

Hit-girl rules!! And she can keep the outfit on. Please. Pretty please.
 
While I'm of the opinion that 790.10 isn't applicable in this instance and that the LEO's reaction was purely rooted in his own insecurity you are lucky that under the current statutes 790.053 in effect that he didn't arrest you for open carry.
 
Well said, SGB.

BTW, I don't see anything in 790.10 that says the display of the gun must be intentional for there to be a violation.

SGB said:
While I'm of the opinion that 790.10 isn't applicable in this instance and that the LEO's reaction was purely rooted in his own insecurity...
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Seems like a large percentage of the population in Florida is scared of an American carrying a gun...
 
Seems like a large percentage of the population in Florida is scared of an American carrying a gun...
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Not sure about the more southern parts of Florida but I'm on the Flabama border and even with the good ol'e boys here people seem to be a bit uppity when it comes to owning/carrying a gun. I have my reasons but I'll keep them to myself since certain mentions of groups trigger flame wars. Personally I'd like to see more Americans with guns strapped to their hips but since our OC was shot down perhaps next year....
 
Even an inadvertent reveal of your weapon if it can be classified as careless can be a prosecuted violation. Drawing down on you is potentially over the top but you were illegally displaying a gun. It's not the end of the universe but this is not some psycho rogue cop based on the information you offered. You did right to simply apologize and change your level of attention to detail.
 
walther380 said:
Well, with the new wording on the law that wont happen in the future. Some LEOs dont have any common sense when to be harsh on people. You made an honest mistake and all he needed to say was your weapon is showing; after identifying himself as a LEO of course. Drawing on you was way out of line.
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+1 on this
 
I'm going to agree with NavyLT on this one. You made an honest mistake, but when you carry, you are going to be hold to a higher standard than other people. Same goes for LEO...they get uphold to the same high standards.

LEO makes a mistake he/she is a bad cop.
CCW/CHL holder makes a mistake he/she is a Bad guy or gal.

so the moral of the story is...try not to make it again....doublecheck your self all the time.
 
For the record

scottbland247 said:
I'm gonna add a +1 to what Treo said...super creepy
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absoultely agree with you, IF that is what I saw. however, having lived in asia and it taking me a good year to feel comfortable with college girls looking like they are 14yo...the hit-girl you posted dressed up in anime and participating in THAT level of violence did not make me feel I was looking at an 11yo. you could put that same outfit on my 42yo asian wife and she would look pretty close.

but perhaps we should discuss YOUR bent, KNOWING that girl is 11yo, participating in THAT level of violence, AND using her as your identity icon. that is kinda creepy.

darn, I swore I would never participate in these 'boring to everyone else' tagents.
 
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