Yay I got my CCL !! But a buddy I know didnt have his !!

[CombatDoc]

Its was quick down here in Fla less than 2 weeks to get it back in the mail. It took longer to get the apointment they were booked a month out.
But I have a buddy of mine that wasnt so smart he bought a .380 ok cool but wanted to carry this thing on his hip not concealed in anyway. But we told him time after time after time if your going to carry that do it right conceal it and get your CCL. Ok that didnt happen he got stoped by a seat belt cop for not having it on. OK then no insurance on the car now seat belt cop had to call FHP. He has the darn holster on his hip ok cop aint stupid gun was under his seat round in chamber. WTF!! 2 stacks later hes out and dosent think he will do anytime for this.

[jhs27275]

gun was under his seat

That's carrying a concealed firearm. If he was charged for the violation and gets convicted he won't have to worry about getting a CCW permit.

[CombatDoc]

gun was under his seat

That's carrying a concealed firearm. If he was charged for the violation and gets convicted he won't have to worry about getting a CCW permit.

Oh I know 3rd degree right?? The wrap sheet said concealed High powered fire arm with out a CCL and with the intent. I know hes up shits creek but he wants to get a lawyer and etc etc etc but Im saying save the money.

[jhs27275]

Oh I know 3rd degree right??

Yep.

[HK SD9 Tactical]

gun was under his seat

That's carrying a concealed firearm. If he was charged for the violation and gets convicted he won't have to worry about getting a CCW permit.

Oh I know 3rd degree right?? The wrap sheet said concealed High powered fire arm with out a CCL and with the intent. I know hes up shits creek but he wants to get a lawyer and etc etc etc but Im saying save the money.

I would never tell someone NOT to get a layer because they may be able to look at it as an issue of an illegal stop that resulted in the discovery of the firearm which now would be calssified as 'fruits of a poisonous tree' thing. However, if what you have stated is true and that he was on a public road and stoped for a seat belt violation, then the non insurance, then concealed carry, he's just up the creek without a paddle - and deservedly so. He was warned and choose not to follow some advice that would keep him out of trouble.

I can understand the seatbelt thing, but the insurance thing? Glad he is off the road. Law is the law, whether he consideres is stupid or not, got to follow the law.

Best thing you can do is to tell him when he ask if he should get a lawyer "I am not a legal professional and the advice that I give you may be incorrect. It is up to you to determine whether you need a lawyer or not as I do not want to provide you with inappropriate advice".

If it happened the way you said it did, he's toast and JHS is right, forget about ever having a CCW or ever owing a firearm again.

http://www.leg.state.fl.us/Statutes/...EChapter%20790

(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. (emphasis added)

(d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

(c) $5,000, when the conviction is of a felony of the third degree.

[SONYtec]

He was warned, deserves what's coming to him.

Stupid is what stupid does.

[MP_OHIO]

Yep, get a lawyer, plea it down to a misde. Hopefully it's his first, then he can have it expunged 1 or 2 years(depending on your states law).

Sidenote: I don't know about other states, but under the seat is one of the biggest no nos you can do He would be better off, saying it fell on the floor when he stopped. Our CCW guy must have said it 10 times, Never, ever, under the seat

[jhs27275]

Our CCW guy must have said it 10 times, Never, ever, under the seat

Yep, put it in the first place that is checked. It saves time.

[HK SD9 Tactical]

He would have been better off keeping it secured in the holster on his side (open carry) and telling the cop he was on his way to target practice, fishing, hunting, or camping. At least he might have a defense and claim stupidy due to the ambiguity of the laws.

How stupid does one have to be to strap an empty holster to your hip and think that an LEO would not figure out that there is a firearm somewhere in the car. Doh!

Bottom line: He did not know the law. Results: He is screwed. Cops 1, idiot 0.

[HK SD9 Tactical]

Its was quick down here in Fla less than 2 weeks to get it back in the mail. It took longer to get the apointment they were booked a month out.
......

CombatDoc - Congrats on your CCW.