Man Suing Sheriff's Office For Wrongful Arrest

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Man Suing Sheriff's Office For Wrongful Arrest

Wednesday, December 24, 2008
ORANGE COUNTY, Fla. -- A Central Florida man said confusion over the state's gun laws landed him in jail and said he's suing the Orange County Sheriff's Office for wrongful arrest.

Bill Scallon was arrested in the Holden Heights area in October during a traffic stop. Scallon said he voluntarily told the deputy that he had a gun and also where he kept it.

However, the deputy arrested him claiming Scallon was breaking the law even though four deputies at the scene couldn't agree on the issue.

"Then they kind of contradicted each other. One cop said it has to be in the glove box. I said there's no lock. The one cop says that's okay. The other said you can't use it," said Scallon.

Scallon's case was thrown out of court. The Orange-Osceola State Attorneys Office threw out at least 38 concealed firearms charges because of insufficient evidence in 2007.

I talked to several local Fla. LEO's (police and sheriff) and they all said that as long as the weapon cannot be readily accessed (even an unlocked glovebox is okay), it is permissable. Even a zipped closed gun rug or an unlocked (but latched) gun box is okay. I have driven home from the range more than once with my XD-40 in its case, unloaded with 2 full mags, sitting on the seat beside me. And I wasn't worried.

Now, if you have a carry permit, you can have that sucker hidden under your dash, tucked between the seats, or in a door tray, fully loaded and ready to fire. Just make sure you're carrying your permit, or it won't be pretty.
Hope this at least gets the department to have a refresher course on the gun laws. Sucks this guy got arrested and put in jail for doing nothing wrong.

In Florida, even without a concealed permit, you can have a gun loaded in you car as long as it's incased. Does not have to be locked just incased. So glove box, gun case, center council, ect are all legal.
Deserved to get sued. The law is as gpbarth ut it. The LEOs need to learn their law, not talking about all of them. Being arrested could ruin somebody's career and embarrass them, even if the case is toss out.

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