Michigan Open Carry, Inc.

Open Carry Specific => OC Questions => Topic started by: gryphon on March 29, 2014, 11:25:39 AM

Title: Florida and Printing
Post by: gryphon on March 29, 2014, 11:25:39 AM
only problem ive had at all was making sure i was not printing at all in texas, south carolina and florida

How many times (http://forums.michiganopencarry.org/index.php/topic,3864.msg31758.html#msg31758) do I have to say this.  Neither printing nor accidental exposure are against the law in Texas and Florida!

Florida

790.053 Open carrying of weapons.— (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

Texas

Section 46.035, (1) (a)  A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.

So now I'll add SC to the mix.

South Carolina

Section 23-21-210, (6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.”

So even temporary (accidental) exposure is okay, and printing certainly is. SLED has confirmed this.  No one has ever been arrested for "printing" in South Carolina.
Title: Re: Florida and Printing
Post by: CV67PAT on March 29, 2014, 12:42:12 PM
Maybe because printing isn't brief so in Florida it's still a crime.
Title: Re: Florida and Printing
Post by: SD40VE on March 29, 2014, 12:52:22 PM
Maybe because printing isn't brief so in Florida it's still a crime.

yep florida is a no print state, if someone can tell you have a gun and call the cops ur in deep doodoo

on another note OC related, about 30+ of us carried at gander in utica with no issues. it was probably the safest gander in michigan lol
Title: Re: Florida and Printing
Post by: gryphon on March 29, 2014, 01:01:02 PM
Maybe because printing isn't brief so in Florida it's still a crime.
Wrong.
yep florida is a no print state, if someone can tell you have a gun and call the cops ur in deep doodoo
Wrong.
Title: Re: Florida and Printing
Post by: CV67PAT on March 29, 2014, 01:09:08 PM
Your wrong
Title: Re: Florida and Printing
Post by: gryphon on March 29, 2014, 01:20:23 PM
There is case law in Florida dating back to 1981 stating that "printing" isn't illegal.  The law was further strengthened to provide for actually showing your gun briefly.  But you argue that you can actually show your gun briefly, but you can't totally conceal if it leaves a bulge.

The law states, and has stated, that the gun only be concealed from the "ordinary sight of another person."  If it is covered, then it is not visible and it is concealed.

Regalado v. State
Title: Re: Florida and Printing
Post by: CV67PAT on March 29, 2014, 01:22:48 PM
You print. You go to jail.
Title: Re: Florida and Printing
Post by: gryphon on March 29, 2014, 01:27:08 PM
Cite cases where people were convicted of printing and sentenced to jail time.
Title: Re: Florida and Printing
Post by: linux203 on March 29, 2014, 01:36:42 PM
Florida statues use the phrase "intentionally display". A prosecutor could argue that a tight fitting shirt was used to intentionally display.
Title: Re: Florida and Printing
Post by: CV67PAT on March 29, 2014, 04:30:47 PM
Cite cases where people were convicted of printing and sentenced to jail time.
You win. You print.

I'm not going to do it, based upon my experience riding in Florida police cars.
Title: Re: Florida and Printing
Post by: gryphon on March 29, 2014, 05:23:16 PM
I'm not going to do it, based upon my experience riding in Florida police cars.

People have taken rides in Michigan police cars for open carrying, too.  Doesn't mean it's illegal.

Were you arrested and prosecuted for printing?
Title: Re: Florida and Printing
Post by: Ezerharden on March 30, 2014, 12:57:35 AM
People have taken rides in Michigan police cars for open carrying, too.  Doesn't mean it's illegal.

Were you arrested and prosecuted for printing?

Maybe he is talking about going on ride alongs?
Title: Re: Florida and Printing
Post by: CV67PAT on March 30, 2014, 12:59:33 AM
Maybe he is talking about going on ride alongs?
You're right Mike. Sitting in the front seat. Not the back.
Title: Re: Florida and Printing
Post by: gryphon on March 30, 2014, 07:39:10 AM
Okay, then, were others arrested and prosecuted for printing?
Title: Re: Florida and Printing
Post by: lil_freak_66 on March 30, 2014, 04:57:06 PM
what im worried about is an anti gun prosecutor trying to say that i was "intentionally printing in an effort to make the presence of the firearm known to other members of the general public"

has it happened before? i dont know, possibly.

Could it happen? definitely. especially considering my luck.