Fallguy

Other groups (motorcycle) I've belonged to have organized "Legislative Days" where a large group went to capital hill. Most met with their individual legislator (by apponitment made ahead of time)....sometimes in a small group. If it was where we could a little bit larger group 4-5 would try to meet with certain comittee members. Not sure if such an organized thing for firearms would work and/or be a good idea....

According to handgunlaw.us FL has State preemption. So...and forgive my ignorance...aren't the keys still part of Florida? If so, then should be the same laws as in any other part of Florida.

Glad it all turned out this way. As far as defense of property and using or threatening deadly force.... I do wish it was more clear about whether threatening deadly force is ok or not. What if you just have a weapon and don't point at them? If I was on a jury I wouldn't convict anyone in such a situation....but I think we ought to have TX type laws on the protection of property...

Don't really eat Chinese but if I'm ever in the area will try to drop in and eat something...

Will contact my Rep soon. No sense in saying anything to my senator. Although not required (I assume) from my obersvation it seems most bills pass in the House before the Senate.

No, talking about this situation and how things may have been if a fact or two was different isn't what I was talking about. I more or less misread your post, my bad.

Never heard of this...

I'd prefer this not turn into more of hypothetical discussion than already is. Also we know all humans make mistakes whether theay are LEOs, HCP holders, Sheeple or whatever...so no sense in blaming the whole lot for the actions of some.

The first part of ( says "Notwithstanding subsection (a)" so to me that means they are not dependent upon each other. Also since there is not an "and" and they are in different subsections. But I agree at that moment they were not trying to arrest him, but I think it shows how LEOs are used to pulling their weapon and threatening deadly force even when they can't use it. ...and forget there may be times they can't.

With the Sheriff to some degree...not so much the DA since mine is the same as in this thread/story...

Because I can't carry one...

Wouldn't it be up to a US ADA to bring charges involving civil rights? But I still doubt they will be...

Yeah, except the security exception says the person must meet the requirements of Title 62, Chapter 35. So unless the superintendent is a licensed security officer that just doesn't wash.... But I agree it should show a gun isn't just going to jump out of a holster and shoot someone in a school....

Here is the law I am going by Subsection (a) talks about the force they can threaten or use in making an arrest...it does not limit the force other than to which is reasonably necessary. Subsection ( limits their use of deadly force. So IMO since the use of force is limited in ( but the threat of force is not in (a) it appears they can threaten deadly force if it is reasonably necessary to accomplish an arrest, even if they may not be able to use it under ( Also if you look at 39-11-621 which talks about the use of force for a citizen making an arrest, it cleary says a citizen may not use or threaten deadly force to make an arrest. Not seperated like for LEOs. Now do I think there are times where it is threatened and it isn't "reasonablly necessary" or the person hasn't resisited or attempted to flee....YES, but still it looks like there are times they can threaten even though not use it.

Sort of wondered about that myself....

Dave I am glad you would handle it this way, but I really don't think too many others would. Mainly because it is a felony I think. Of course we know your a bit different already...you didn't ask to search unless you already had PC to do so, but there are others that just go fishing... Good deal....but I think that is mainly because this is a misdemeanor. ...and I do think anyone that didn't leave should be charged. No doubt. LOL

If the DA didn't charge him because he thought the law was bad, I'd be jumping for joy... But he didn't charge him because of who he is, not because he thinks a stupid law. As JayC pointed out....the DA had to come up with some real first class legal loophole wrangling to justify not charging him.

I could be wrong...but I strongly feel that had it been just about ANYONE else..at least for sure anyone not associated with the school system, they would have been arrested on the spot. Now...if the case was that any HCP holder did the same thing and the same thing happend...then fine.

More like 30 feet.... I wonder what constitutes "private police" for the purpose of 39-17-1309? Because he wasn't acting as a security guard, because it says they have to meet the requirements of Title 62, Chapter 35.

Well...in the performance of their duties there are times LEOs can threaten deadly force even though they may not be able to use it. Now how that may or may not apply in this situation I don't know.

I would like to know more how the DA came to the conclusion that a school superintendent falls into the exceptions in the law. DAs do have discretion, that said this DA is the same one that has used seized property for his personal use. There have been a couple of inditments of members of the 24th Judicial Task Force...it's hard for me to believe he hasn't been indited yet....

After I think about it....because the way the laws are in TN...I need my "HCP" everytime I leave the house with my handgun so that I'm not violating the law. Now on if I have ever needed that handgun...No, but there have been a couple of times I was glad that I could put my hand on it.

When I was dispatching I always heard anyone could go to the County Court Clerk's office and ask for the information associated with a tag number. But I never heard of anyone doing it. I also think the kicker maybe you have to go the county that tag is registered in.

Good question. I forgot to add I was not using TapTalk. Also TapTalk has two versions, a paid full function one and a free read only one.

Hmmm...apparently I didn't have the same issue. Are you sure you were logged in on your iPhone?