Gun laws and weather
The legislature in Florida didn’t count on wind. So I’ve broken their open carry laws. Incidental exposure could mean an encounter with the police.
Remember, I do this to entertain me, not you.
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October 4th, 2012 at 8:00 pm
Hence the desirability of wearing a kilt.
Nobody notices the pistol on your hip when the wind blows the kilt.
October 4th, 2012 at 10:11 pm
Don’t be too concerned. Incidental exposure is no longer a problem, and police who make it a problem could face some fairly stiff penalties under new Florida law to protect carriers from municipalities who don’t play nice. It’s a few thousand an encounter, plus attorney fees and none of it is allowed to be paid for with government cash.
Incidental exposure is the situation you discuss, plus situations like swapping a sweater for a jacket, changing jackets, or moving the gun from car/locker to holster. Etc.
Wearing a kilt probably won’t get you harassed, but it should. Just stay off of Miami Beach.
October 4th, 2012 at 11:06 pm
“Wearing a kilt probably won’t get you harassed…”
His-ass, however, is another matter entirely.
October 4th, 2012 at 11:53 pm
Yep, once again laws made in a ‘vacuum’…
October 5th, 2012 at 5:22 am
I wouldn’t discount the possibility of intense police involvement after “incidental exposure.” There are several civil cases pending as a result of police exuberance regarding “incidental exposure.”
A few things here: First, there are any number of police who either aren’t conversant about the law, or who just want to arrest someone anyway. Second, Sean Caranna, Exec Director of Florida Carry, is on record stating that carrying a gun in Florida – anytime, anywhere – is a crime, and your CWP is an “affirmative defense” which can be used to – hopefully – be aquitted of the crime. Needless to say, that affirmative defense must be presented in court, and “court” comes after “arrest,” “booking,” and “bail,” and immediately before of “pay large amounts of money to attorney.”
(I passed this question to Jon Gutmacher, but haven’t seen a response yet on his blog). And, speaking of Gutmacher, I discussed this very issue with him after the law changed and his advice was “even though the law provides for “incidental exposure” don’t do it – you will be arrested.”
October 5th, 2012 at 10:04 am
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
Incidental exposure is not illegal. Even if the cop is a jackass, you are very clearly protected by law. Unfortunately in the new Amerika, there isn’t really much preemptive defense against an overzealous cop. They will do what they want and hopefully you will get justice in court. A risk you take when you carry… or simply leave you home…
October 5th, 2012 at 10:24 am
Actually, NavyDoc, nowadays one should be very concerned that a Barney Fife doesn’t see a Gun and scream “Gun! BANG! BANG!BANG!BANG!BANG! Drop the Weapon!” rather than worry about going to Jail.
October 5th, 2012 at 10:46 am
In states where one caon not open carry, it would seem that even going to the range to shhot would be a crime?
October 5th, 2012 at 10:49 am
And, if it was bigger, you wouldn’t want to hide it under your cloths.