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Greg and Beththe political and personal musings of two mountaineers living in west-central Florida
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More Wisdom From Jon Gutmacher |
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Gregory Morris, 10/2/08 8:38:42 am |
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If you are a Florida resident, first buy his book. Then get a CWP if you don't have one already. Finally, read his blog.
Today's entry makes an important point: just because you know the law doesn't mean anyone else does. In regard to who actually knew the law in a recent case: This is a classic example of "securely encased" under Florida Statute 790.25. It's an area of law that has been crystal clear for at least fifteen years, and probably closer to twenty! Anyone who has a basic understanding of firearms law should know that. However, it appears from reading the appellate Opinion that the police officer who made the arrest didn't know that; that the Assistant State Attorney who filed the case didn't know that; that the Assistant State Attorney who handled the case before the trial court didn't know that; that the Judge who handled the case didn't know that; that the defense attorney who handled the case might not have known that -- and that when it got to the appellate court, the only people who initially realized it were the three appellate judges handling the case (who have my book), who raised it on their own -- and then threw out the conviction. Scary huh? Know the law, but take necessary precautions. The man who went through hell in this recent case has good grounds for a lawsuit, but it is probably not worth the complete disruption of his life! Simply having a Florida CWP would have kept this from happening. |
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© 2008 Gregory Morris
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