Monday, July 25, 2011

Question on "printing"

Well . . . I thought all questions regarding Florida gun law on printing were now dead thanks to the passage of Senate Bill 234 -- which now makes it legal for a CWP holder to "briefly" expose a firearm -- but, alas -- I was wrong.  Unfortunately,  it's another misconception from a law enforcement officer -- so here's the email I got,  and my response:

Email:  My brother in law who is a police officer tells me it is a crime if your firearm prints under your clothing.   I say it's not -- and all the posts I read agree with me.  Who's right?

Answer:   You are.  First --  the question shouldn't matter anymore since it is now lawful for a brief but temporary exposure of a firearm with a CWP. SB234 -- became law in June. Second -- CCF is illegal only if you don't have a CWP. If you have a CWP -- either the firearm is "concealed" or it is "open carry". There is no legal "inbetween" distinction. So . . . ask him how he figures "printing" is the same as "open carry" -- because open carry means (from a ton of case law) that other persons can immediately tell that the object that is printing is obviously a firearm vs. something else.    Plus, even if there was a situation where the printing was so obvious -- still, in Florida -- the law has, for over twenty years,  been that inadvertant exposure of a firearm is not a crime as it lacks "scienter" (ie: guilty knowledge).  His misconception is most likely based on a totally different issue within the law enforcement area --  that "printing" may give rise to a "reasonable suspicion" that a person is armed -- which is true. But, it is still NOT the same thing as saying the firearm is open and obvious to ordinary site. A great false arrest case in the making for some attorney!

Hope that makes it clear.

jhg   [Florida gun laws -- Federal gun laws]

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