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Gun Control/2nd Amendment Discuss HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery at the General Forum; Originally Posted by ShivaTD In reading the story it soon became obvious to me that Clarence Daniels failed to do ...

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  #61 (permalink)  
Old 04-30-2015, 06:14 PM
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Default Re: HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery

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Originally Posted by ShivaTD View Post
In reading the story it soon became obvious to me that Clarence Daniels failed to do that which his CCW allowed him to do. He failed to keep his firearm concealed and it was his failure that lead to the assault and battery.
You are blaming the victim for being assaulted.

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What many "gun-nuts" fail to understand is that carrying a firearm in public always represents a threat to the public safety.
Not true; that is just one perspective. Another is that the person will be good to have around if some nut decides to start shooting. I'd rather have someone like that around.

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It is reasonable to assume that a person has a right to protect themselves against that public threat.
The simple act of legally carrying a firearm legally is not a public threat, and
attacking someone for engaging in legal activity is a crime.
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Old 05-01-2015, 01:41 PM
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Default Re: HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery

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Originally Posted by ShivaTD View Post
Florida Law on Self-Defense | Use of Deadly and Non Deadly Force

We no longer live in the Wild West were carrying firearms in public is considered normal behavior and a person can "reasonably believe" that a person with a firearm in public does represent a threat to themself or others by the imminent use of unlawful force.

Of interest though is your statement because it is highly condemning of law enforcement officers that gun down unarmed people in America. While a firearm does represent an imminent threat of harm an unarmed person doesn't represent the imminent threat necessary to justify the use of deadly force by law enforcement because law enforcement is highly trained in forms of hand-to-hand combat that result in the submission of an unarmed person.
See that part about reasonably believe? Yeah, and judge has to agree with you that it was reasonable. Apparently the judge disagreed. Reasonable would have included pull his weapon from the holster given circumstances, or acting in a threatening manner.
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Old 05-11-2015, 04:16 PM
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Default Re: HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery

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Michael Foster was sentenced to 1 year probation, $844.00 fines/fees, anger management classes and he is not allowed to be in possession of a firearm during probation.

No word on whether Clarence Daniels is planning on a civil suit.
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Old 05-11-2015, 06:45 PM
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Default Re: HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery

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Originally Posted by American View Post
See that part about reasonably believe? Yeah, and judge has to agree with you that it was reasonable. Apparently the judge disagreed. Reasonable would have included pull his weapon from the holster given circumstances, or acting in a threatening manner.
In Arizona we can carry a gun openly or concealed with or without a permit.
People don't get freaked out and our rates of people being shot are lower than many states.
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Old 05-11-2015, 08:50 PM
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Default Re: HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery

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Originally Posted by Topcat View Post
In Arizona we can carry a gun openly or concealed with or without a permit.
People don't get freaked out and our rates of people being shot are lower than many states.
Yeah, I don't see much open carry any more since they changed the law to allow concealed without a CCW permit.

It doesn't bother me - I don't care if people carry.

I grew up with guns. My dad was raised on a farm so he was shooting since he was 10 years old. He now has a ton of guns. He has a Colt .45, A Glock, several shotguns and I think a rifle or 2. He bought me a Ruger 10/22 for Christmas once, which is a super fun gun to shoot because it has no recoil.
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Old 05-11-2015, 09:18 PM
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Default Re: HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery

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Originally Posted by rjaz View Post
He bought me a Ruger 10/22 for Christmas once, which is a super fun gun to shoot because it has no recoil.
That's one of the fun things about firearms: the recoil. Shoot an M14 and you'll see.
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Old 05-12-2015, 08:35 AM
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Default Re: HES GOT A GUN! Florida Man Tackles Concealed Carrier, Is Arrested for Battery

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Originally Posted by American View Post
See that part about reasonably believe? Yeah, and judge has to agree with you that it was reasonable. Apparently the judge disagreed. Reasonable would have included pull his weapon from the holster given circumstances, or acting in a threatening manner.
Most states have incidental display exclusions to the law. Meaning that if the wind blows up your shirt tail and the gun is displayed, no foul. I think Florida is one of these. In addition, while open carry in an auto is not permitted in Florida, a holstered weapon is not considered open carry.
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