Man arrested despite legally carrying gun in Florida

[rockin'robin]

Video has gone viral, viewed more than 38,000 times in January

TALLAHASSEE, Fla. -
More than 10,000 people in the last week alone have already viewed a video going viral on the Internet that shows a motorist being arrested in Florida despite legally carrying a gun.

The dashboard cam video shows a Citrus County deputy arresting Joel Smith, the man with the gun, and now gun advocates say the video is proof Florida needs to change its current law.

"Your license tag expired," said Deputy Alan Cox in the video.

Seventeen seconds after getting out of the car, Smith was asked for his registration and insurance. As he turned, something was slightly visible in his back pocket.

"Why do you carry a gun for?" Cox asked.

Ten seconds later, Smith was being held at gunpoint.

"Put your hands right up, or I'll shoot you in the (expletive) back," Cox said. "Get down on the (expletive) ground now."

Smith is legally licensed to carry a concealed weapon, but was handcuffed and arrested anyway, charged with carrying a prohibited weapon openly.

The United Sportsmen of Florida calls it an overreaction.

"A law enforcement officer losing it and abusing a law-abiding citizen who had done nothing wrong, and was doing anything he could to cooperate," said Marion Hammer, of the United Sportsmen of Florida.

When the case got to the courthouse, the state attorney declined to prosecute, saying there was little chance a jury would convict.

Florida law was changed in 2011 to say the brief viewing of a gun in a non-threatening manner is not a crime. United Sportsmen said Smith's case and another are proof Florida needs to do more.

"They're arguing that the accidental exposure was not brief," Hammer said.

Smith's attorney for the arrest called Smith's cellphone and found the number had been changed. A listed landline is also no longer in service.

The charges against Smith were dropped 17 days after the arrest. Cox has been put on administrative leave pending an internal investigation.

Man arrested despite legally carrying gun in Florida | News - Home

 

[sonocativo]

By Law !!!!! If you are a CCW Permit holder, you cannot get out of the vehicle and must roll the window down and tell the officer you have a CCW Permit and you ARE armed before he approaches your vehicle. If you do not do so, you are in violation, and apparently this so called fine gentleman didnt do that, hopped out and the cop seen the so called pistol or holster and felt threatened. It is clear when you get a CCW Permit, you MUST do this and Remain in your vehicle unless you are instructed to get out, Keep your hands visable at all time.

 

[sonocativo]

and not following those instructions, your CCW Permit will be revolked permanently.

 

[Foxrac]

Same problem with Alabama - there are some legally gun owners got arrested for carrying the gun and charge with prohibited weapon openly, but got dropped eventually.

I don't think law change will make any better because the police officers breaking the existing law.

 

[Foxrac]

By Law !!!!! If you are a CCW Permit holder, you cannot get out of the vehicle and must roll the window down and tell the officer you have a CCW Permit and you ARE armed before he approaches your vehicle. If you do not do so, you are in violation, and apparently this so called fine gentleman didnt do that, hopped out and the cop seen the so called pistol or holster and felt threatened. It is clear when you get a CCW Permit, you MUST do this and Remain in your vehicle unless you are instructed to get out, Keep your hands visable at all time.

and not following those instructions, your CCW Permit will be revolked permanently.

Is it state law? or federal law?

If it is state law so it could be Missouri.

 

[Reba]

It's the law for SC CCW also.

If you are approached by an officer, no matter what reason, you must immediately inform him that you have a CCW, and whether or not you are at that moment armed.

That driver should have spoken up immediately, and told the officer, "I have a concealed carry permit, and I have a gun on me now." Then, follow the officer's instructions.

In SC, even if we're not carrying at the time, we are still required to let an officer know that we have a permit. "Officer, I have a CCW but I am not now carrying a gun."

Basically, officers don't want to be surprised by anything.

 

[Reba]

"...Smith is legally licensed to carry a concealed weapon...."

With that license comes responsibility. He was required to identify his carrying status as soon as he was approached by the cop.

Permit holders are taught that, so he knew better.

 

[Foxrac]

It's the law for SC CCW also.

If you are approached by an officer, no matter what reason, you must immediately inform him that you have a CCW, and whether or not you are at that moment armed.

That driver should have spoken up immediately, and told the officer, "I have a concealed carry permit, and I have a gun on me now." Then, follow the officer's instructions.

In SC, even if we're not carrying at the time, we are still required to let an officer know that we have a permit. "Officer, I have a CCW but I am not now carrying a gun."

Basically, officers don't want to be surprised by anything.

"...Smith is legally licensed to carry a concealed weapon...."

With that license comes responsibility. He was required to identify his carrying status as soon as he was approached by the cop.

Permit holders are taught that, so he knew better.

Wow, that's new thing for me to learn.

 

[rockin'robin]

Learned something new too here....could be the man forgot he had it in his pocket....*just sayin'*.....or even didn't know he was supposed to make the officer(s) aware he had it on his person ??....

So can't really blame the Officers for being overly cautious....

 

[Tousi]

It's the law for SC CCW also.

If you are approached by an officer, no matter what reason, you must immediately inform him that you have a CCW, and whether or not you are at that moment armed.

That driver should have spoken up immediately, and told the officer, "I have a concealed carry permit, and I have a gun on me now." Then, follow the officer's instructions.

In SC, even if we're not carrying at the time, we are still required to let an officer know that we have a permit. "Officer, I have a CCW but I am not now carrying a gun."

Basically, officers don't want to be surprised by anything.

I don't understand the rationale of informing a police officer that I am a CCW holder when I don't have the weapon on me......

 

[Reba]

I don't understand the rationale of informing a police officer that I am a CCW holder when I don't have the weapon on me......

I guess it's mainly when you've been pulled over and the police run your DL it will pop up the CCW info about you. Then he'll excitedly ask you, "Whoa, are you carrying a gun?!" By telling him up front, he won't be surprised.

 

[Tousi]

I guess it's mainly when you've been pulled over and the police run your DL it will pop up the CCW info about you. Then he'll excitedly ask you, "Whoa, are you carrying a gun?!" By telling him up front, he won't be surprised.

Yeah, I get that but even still......so the officer sees your CCW status and????

 

[Reba]

Yeah, I get that but even still......so the officer sees your CCW status and????

 

[rockin'robin]

I guess it's mainly when you've been pulled over and the police run your DL it will pop up the CCW info about you. Then he'll excitedly ask you, "Whoa, are you carrying a gun?!" By telling him up front, he won't be surprised.

or...perhaps if you do have a CCW, but the gin isn't on ur person, but in ur vehicle.....

 

[sonocativo]

It is a Federal Law/Requirement, it is stressed in the classroom... That is the #1 thing to do. Since Texas is a carry state ( always has been it is different in Texas ) but if you are anywhere else you better speak up fast ! And if a Texan, you better speak up when you are out of state. Better safe than sorry, what if I had one when I was pulled over a few weeks back after a robbery at walmart here ( being an identical vehicle ) would you think that cop would hesitate to put a bullet in my hind end if he saw a gun and I didnt announce it?

 

[Reba]

or...perhaps if you do have a CCW, but the gin isn't on ur person, but in ur vehicle.....

If a person has a gun in a vehicle, and is stopped by the police, that person should inform the officer immediately about that.

The way a gun is transported in a vehicle depends on whether or not the person has a CCW, and what kind of gun (concealable vs. long gun). The rules are different.

 

[rockin'robin]

If a person has a gun in a vehicle, and is stopped by the police, that person should inform the officer immediately about that.

The way a gun is transported in a vehicle depends on whether or not the person has a CCW, and what kind of gun (concealable vs. long gun). The rules are different.

What I meant to imply is...if you do have a CCW BUT the gun is not on ur person, but in the vehicle (such as glove box or trunk)....then you say you do have a CCW BUT it's not on ur person but is in the vehicle.

 

[Tousi]

I mean, the officer checks and sees that you, indeed are a CCW permit holder, and if you are being stopped for reasons that have NOTHING to do with your gun AND you don't have it on your person nor in the car. You just happened to leave it at home. I see no reason why it would be within the scope of the officer's duty to even ask you anything about your gun.

 

[rockin'robin]

I mean, the officer checks and sees that you, indeed are a CCW permit holder, and if you are being stopped for reasons that have NOTHING to do with your gun AND you don't have it on your person nor in the car. You just happened to leave it at home. I see no reason why it would be within the scope of the officer's duty to even ask you anything about your gun.

It isn't...unless the officer might feel you're not being truthful and hiding the gun ??....or might be just policy when they find out you are a CCW holder, but don't have the gun on your person....does it give them the right to check ur vehicle?

 

[Jiro]

it is my understanding that you should only notify an officer if you have a gun on yourself or in vehicle. if you are not carrying, you are not required to notify.