GOA article on State A's G and carrying..

[santahog]

http://gunowners.wordpress.com/2012/11/19/attorney-generals-of-the-gun-control-zealot-army/

Attorney Generals of the Gun Control Zealot Army
19 Nov


Apparently, Obama isn’t the only threat to the Second Amendment (no kidding right?).  As I wrote about last week with Pennsylvania’s Democrat AG-elect Kathleen Kane, Attorney Generals are given broad powers on the interpretation and implementation of gun related issues such as reciprocity agreements between states and how to interpret gun laws.

While Kane seeks to undermine every reciprocity agreement on the books for Pennsylvania, Florida’s Republican Attorney General, Pamela Jo Bondi, seeks to harass law abiding citizens outright and make it as inconvenient and troublesome as possible to legally carry a concealed weapon.

Florida is one of only six remaining states that do not allow the Open Carrying of Firearms so concealed carry is the only option.

The case before the Florida Supreme Court, Mackey v State of Florida, is to determine whether an investigatory stop, and a search and seizure of a person suspected to be carrying a concealed firearm, is lawful.

Bondi’s argument before the court is that anyone is vulnerable to an investigatory stop and a search and seizure because carrying a concealed firearm, in and of itself, is illegal. In addition, having a permit is an affirmative defense, or excuse for a crime, so the stop and search is reasonable.  In other words, everyone who carries a gun will be considered a criminal…forfeiting their 4th Amendment rights against unlawful search and seizures and will be treated like a criminal until their “affirmative defense” of having a license is accepted.

Think of it like this, you are driving down the road, doing nothing wrong, following the speed limit and you are pulled over, dragged out of your car, thrown in handcuffs and detained against your will while the police search through your car.  Eventually they look at your license to make sure you are at least 16 and then they let you go.  It doesn’t matter if you’re 45 years old, driving a car without a license is a crime and they will assume that everyone driving is a criminal committing a felony.

THAT is what the interpretation of everyone carrying a weapon is a felon equates to.  It’s just downright un-American.

Of course, as gun control zealots are wont to do, Bondi stops reading the statute at the point that is convenient for her infringing ways.  If she were to read further she would note that the section she is reading from concerning concealed carrying for firearms states: “This section [carrying concealed weapons] does not apply to a person licensed to carry a concealed weapon.”  Seeing as this language is written directly into the section that deals with concealed carry, it would seem that the license isn’t an exception but rather the rule.

To extrapolate the previous analogy further, you are in your car and driving, you are doing nothing wrong and as such you are not subject to the aforementioned  rights infringing, detainment and search.  But if you start doing 150 mph swerving around like a maniac on the run from something, then it may be reasonable to suspect that you are up to something and a stop and search would be authorized, mainly because you are breaking the law by going so fast and driving recklessly to begin with.

To wit, carrying a gun in and of itself should never be legal cause for reasonable suspicion and therefore  gun owners should have no fear from 4th Amendment violations simply from practicing their 2nd Amendment rights.

Bondi and the State of Florida argue that since only 5% of the population is licensed to carry the chances that a person carrying aren’t license statistically favor the trampling of the civil rights of Floridians and that Constitutional protections of unlawful search and seizures can be ignored.

If one were to accept Bondi’s reasoning, that the assumption that someone carrying a weapon is committing a felony, then we might as well toss out the 2nd, 4th, 9th and 14th Amendments to the Constitution because we are assuming guilt instead of innocence for a certain segment of society.

I have always hated hypocrites and Bondi is a raging one.  If you recall, Bondi was at the Republican National Convention when she stated: “It is time to stop those who ignore the Constitution when it’s expedient!”

Indeed, AG Bondi…perhaps its high time that you started taking your own advice.

[Michael Bane]

That "affirmative defense" is also an issue. Before Colorado went "shall issue," the DA in Denver gave a ruling that a concealed carry permit, which on the face says was valid statewide, was within the Denver city limits an "affirmative defense" for being arrested for carrying a concealed weapon. I went to a public meeting with the Assistant DA on the subject and asked him point blank what that meant. In short, you could be arrested, handcuffed, hauled off to jail, thrown in to the system, have your gun, your car and anything in your car confiscated. Eventually, you would go before a judge who would look at your permit, read the words "Valid Statewide," slam his or her wooden hammer down on the bench and cut you loose, no harm, no foul.

If you were quick, you could probably get your car back before the city of Denver sold it off, which they claimed a right to day at any time before the judge ruled on your "affirmative defense." In fact, the city had set up a system to get the cars sold off within 24-48 hours so you were basically screwed if you couldn'tg get before a judge as quickly as possible.

Your gun, however, would NEVER be returned, because the ADA told me, it had been seized "for cause," to wit, the crime of illegally carrying a concealed weapon. Because the "affirmative defense" came in downstream, after the arrest, the legal cause for the seizure was legitimate, and Denver's absolute policy was to never return weapons seized for cause.

I then wrote an article suggesting Colorado CCW holders, of which I was one, obtain a "Denver gun," a cheap handgun that you wouldn't miss when the police seized it and refused to give it back. I suggested a Makarov, which were then selling for $89.95. Denver officials replied that I was an irresponsible provocateur. I thought of buying a Guy Fawkes mask to go with the Mak.The next year the state clamped down on those abuses.

Michael B