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Old November 21, 2012, 05:35 PM   #11
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,509
Quote:
Originally Posted by Tom Servo
The actual wording doesn't seem to be in the statutes, but it's implied by the idea that concealed carry is a felony unless the person carrying has a permit. That's the thing with affirmative defense: the defendant has to prove his innocence. Georgia was that way until recently.
Except for the construction of the statute, which does not provide that having a permit provides an affirmative defense, it provides that if you have a permit the prohibition does not apply to you.

Ain't it wonderful when the AG is illiterate?

Quote:
Originally Posted by FL Statute
790.01 Carrying concealed weapons.
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
So we must look at Section 790.06

Quote:
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. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:
...
It's lengthy, but it's basically the carry permit section. Link: http://www.leg.state.fl.us/statutes/...s/0790.06.html

So, what the statute says is that it's a felony to carry a concealed firearm and, oh by the way, if you have a permit this DOES NOT APPLY.

The thing about laws is that you can't cherry pick the part you like and leave out that parts that don't fit your agenda. The law must be read as a whole, and you have to follow the path through the statutes. "This section does not apply ..." seems pretty danged clear to me. Is the law broken? Obviously not ... the law clearly exempts permit holders. The problem is not the law, the problem is a prosecutor, a judge, and an attorney general.
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