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Old 12-25-2007, 03:25 AM
 
9,725 posts, read 15,105,911 times
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Quote:
Originally Posted by mark6052 View Post
when you have a restraining order against you, you cannot carry concealed. it does not take away your rights to own.
I'm reading the actual statutes for who is allowed to purchase a gun in the state of Florida. The way I'm reading them, these are all reasons for denying the purchase of a gun:

(c)1. Review any records available to it to determine whether the potential buyer or transferee has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer or transferee under s. 741.30, has had an injunction for protection against repeat violence entered against the potential buyer or transferee under s. 784.046, or has been arrested for a dangerous crime as specified in s. 907.041(4)(a) or for any of the following enumerated offenses:

a. Criminal anarchy under ss. 876.01 and 876.02.

b. Extortion under s. 836.05.

c. Explosives violations under s. 552.22(1) and (2).

d. Controlled substances violations under chapter 893.

e. Resisting an officer with violence under s. 843.01.

f. Weapons and firearms violations under this chapter.

g. Treason under s. 876.32.

h. Assisting self-murder under s. 782.08.

i. Sabotage under s. 876.38.

j. Stalking or aggravated stalking under s. 784.048.

If the review indicates any such indictment, information, or arrest, the department shall provide to the licensee a conditional nonapproval number.

(This information came from here:
http://www.flsenate.gov/Statutes/ind...EChapter%20790 under "sale & delivery of firearms")

I'm pretty sure, if you have a domestic violence restraining order, you cannot buy a gun.

Last edited by UB50; 12-25-2007 at 03:47 AM.. Reason: fixed link
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Old 12-25-2007, 03:29 AM
 
Location: Wasilla, Alaska
17,823 posts, read 23,340,116 times
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Quote:
Originally Posted by UB50 View Post
I bolded a few of the reasons which might be why the newspapers are reporting these things. Perhaps they do understand the Florida CCW laws?
I seriously doubt it considering the pathetic excuses they offered in the article you posted. For example:

Quote:
In one case auditors found it took the department 52 days to suspend the license of a person arrested for resisting an officer without violence, using a firearm while under the influence and openly carrying a weapon.
Why would the person in the above example have their license suspended in the first place? Resisting arrest without violence, using a firearm while under the influence, and openly carrying a weapon is not in the list you provided, bolded or otherwise. Here is another example:

Quote:
It took 143 days to revoke the license of a person found responsible in court for a felony battery of a child, although the license had been suspended in the appropriate time.
Notice how the so-called journalist carefully avoided using the word "conviction?" "Found responsible" could mean anything the anti-gun hack wanted to spin the actual facts.

This is just another thinly vield attempt by the not-so-bright anti-gun media to spin things in order to get the control they lost with the passage of the Florida CCW law.
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Old 12-25-2007, 03:43 AM
 
9,725 posts, read 15,105,911 times
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Quote:
Originally Posted by Glitch View Post
I seriously doubt it considering the pathetic excuses they offered in the article you posted. For example:



Why would the person in the above example have their license suspended in the first place? Resisting arrest without violence, using a firearm while under the influence, and openly carrying a weapon is not in the list you provided, bolded or otherwise. Here is another example:



Notice how the so-called journalist carefully avoided using the word "conviction?" "Found responsible" could mean anything the anti-gun hack wanted to spin the actual facts.

This is just another thinly vield attempt by the not-so-bright anti-gun media to spin things in order to get the control they lost with the passage of the Florida CCW law.
You need to go read the other post I made -- the one with the Florida statutes for owning a weapon (not a CCW but owning a weapon period). Under Florida law, some of these people aren't even supposed to own a weapon, let alone get a CCW. (Read all the statutes at the link I posted. It was too long to post here so I just posted a tiny portion. Ditto with the CCW laws.) You don't need to be convicted of a lot of things to lose your right to own a gun, you only need to be indicted or charged or "wanted" (which means you are a fugative).

By the way, openly carrying a firearm in Florida is illegal. That's also listed in the Statutes.
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Old 12-25-2007, 04:14 AM
 
9,725 posts, read 15,105,911 times
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Here's one more Florida statute regarding domestic violence restraining orders:

790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence; penalties.--

(1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, and that has been issued under s. 741.30.

*******************

I think that pretty well covers it. "Possession" of guns or ammunition is not allowed.
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Old 12-25-2007, 08:05 AM
 
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,657,266 times
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Quote:
Originally Posted by Glitch View Post
This has nothing to do with existing gun laws, and everything to do with the judge withholding adjudication. If a judge withholds adjudication, then there is no conviction. It is not a legal "loop-hole", it means the judge is withholding a conviction on the charge for some particular reason. It is typically done when someone is placed on probation, a judge might withhold adjudication unless the individual violates their probation.
However if the person is on probation or under a suspended sentence the conditions almost always include no purchase or posession of any firearm including rifles and shotguns. One of my siblings was on probation and it stated clearly no guns (not even ammuntion) and no alcohol (in fact he was not even allowed in any establishment that served alcohol). So it seems unlikely that such a person would apply for a CCW permit. Technically and legally I guess they could but it would be useless since they are not allowed to even have as much as a bullet even in their home.
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Old 12-25-2007, 08:39 AM
 
Location: Pinal County, Arizona
25,100 posts, read 39,119,026 times
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Quote:
Originally Posted by UB50 View Post
By the way, openly carrying a firearm in Florida is illegal.
Being from Arizona, I cannot understand this.

Carrying a firearm openly, is not only legal but, is not uncommon to see
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Old 12-25-2007, 10:22 AM
 
Location: Wasilla, Alaska
17,823 posts, read 23,340,116 times
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Quote:
Originally Posted by Greatday View Post
Being from Arizona, I cannot understand this.

Carrying a firearm openly, is not only legal but, is not uncommon to see
The same is also true in Alaska, and every other state in the Union. Even carrying a concealed weapon without a Concealed Carry Permit is legal in Alaska. I suspect it was just wishful thinking on UB50's part.
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Old 12-25-2007, 02:15 PM
 
9,725 posts, read 15,105,911 times
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Quote:
Originally Posted by Greatday View Post
Being from Arizona, I cannot understand this.

Carrying a firearm openly, is not only legal but, is not uncommon to see
Florida Statute 790.053

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.

(2) A person may openly carry, for purposes of lawful self-defense:

(a) A self-defense chemical spray.

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(All of Florida's laws are available at the link I posted above)
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Old 12-25-2007, 02:46 PM
 
Location: Minnysoda
10,659 posts, read 10,673,906 times
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Quote:
Originally Posted by Greatday View Post
Being from Arizona, I cannot understand this.

Carrying a firearm openly, is not only legal but, is not uncommon to see
Same goes for Minnesota,
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Old 12-25-2007, 02:47 PM
 
Location: Pa
20,300 posts, read 22,137,125 times
Reputation: 6549
I would say that your name fits you, unbelievable....
All americans are war criminals???? Hmmm I served and last time I checked I know that I never violated international law, the UCMJ or even american civil law. Well I did get caught speeding a few times.
Glad to see that criminals wont get permits. I am just amazed that the ACLU isn't jumping all over this.
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