Florida Deputy Threatens to Shoot Concealed Carry Licensee and Arrests Him for Lawfully carried Handgun

[CMJeepster 2,778]

Not sure if this was posted already, but...

 

"Citrus County Florida Deputy Andy Cox Threatens to Shoot Concealed Carry Licensee for Lawfully Carried Handgun & Then Arrests Him for Accidental Exposure."

 

http://www.liveleak.com/view?i=cc0_1358438084

[silverado427 10,721]

WTF. !!!!

[JayWilling 33]

He didn't inform the officer he was armed and had reached around there once or twice. You're supposed to inform them you are armed.

[CMJeepster 2,778]

Oh, and to follow the rules, here are my comments:

 

1. Driver shouldn't have exited the vehicle unless instructed to do so.

2. Before reaching for his wallte, driver should have notified officer of his firearm. (I know some here will have an issue with that, but the source of this article mentioned something about a "must notify" rule for CCWers.)

[Josh S 0]

I'm sorry but I feel that the officer is slightly in the right on this one. The guy should of never got out unless asked to. Then before he got out advise the officer that he is a ccw holder. The mistake was getting out of the vehicle before being advised to. After all that the cop was being a bit spiteful arresting the guy for for his shirt coming up

[HODGIE 3]

Oh, and to follow the rules, here are my comments:

 

1. Driver shouldn't have exited the vehicle unless instructed to do so.

2. Before reaching for his wallte, driver should have notified officer of his firearm. (I know some here will have an issue with that, but the source of this article mentioned something about a "must notify" rule for CCWers.)

 

I agree with this, what I do not agree with the the language the police officer used and how fast he turned on the guy.

[plode 0]

He didn't inform the officer he was armed and had reached around there once or twice. You're supposed to inform them you are armed.

 

You only have to inform an officer you are carrying if asked in FL.

 

I'd say both are wrong. Cop for saying "I'll shoot you in the back".

Guy for:

1. getting out of the van

2. making sudden movements- reaching for his wallet, and reaching back into the van, especially while carrying. Cop has no idea what he's trying to grab.

[johnp 45]

Must Inform Officer Immediately on Contact By Law?

“NO”

 

790.06 …. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

 

You do not have to tell a cop you are CCWing in Florida, unless they ask.

 

Florida passed a law in 2011, if you accidentally flash your ccw, it is not a crime. It used to be. (Ex. if your shirt rides up and your concealed weapon is exposed briefly it is no longer a crime)

 

In some states getting out the vehicle before a traffic stop is common, I've never seen it around here but down south.

[Underdog 1,593]

Both did the wrong thing. The man should have stayed in his car with his hands on the wheel. If he had to get his wallet out of his back pocket then he should have informed the officer. He might have had his wallet already out when the cop came, etc.

 

As far as I am concerned, the officer was way out of line, though, and should have to have a mental health check.

[millsan1 3]

Guy is an idiot, but correct.

 

Cop is a straight up douche

[EX Carnival man 223]

Correct Florida Does NOT require you to inform the officer you are armed. My Florida CWFL class was taught by a Sheriff's officer. His told the class he doesn't want to know. His feeling was if you are stopped for a traffic offense that's all it is, a traffic offense. Once you inform your armed the whole parameter of the stop than changes. Its no longer just about a traffic stop. Now its is your license legal. Has anything changed with you since it was issued? Lets now run the serial number of the weapon. The whole stop changes when a gun is brought into it. He went on to say if the officer asks you than inform or if he asks you to exit the auto than its best to inform. He felt if your asked to exit the car than the officer feels there is more the the picture than a traffic stop and he is going to do a detail investigation.

[Dan 177]

Was pretty dumb for the guy to not inform the cop that he had a weapon, especially since it was so obviously being carried with the loose shirt.

 

On the other hand, the cop seemed to act pretty crazy, it is obvious he was pissed at the guy and wanted to teach him a lesson. IMO...

[tony357 386]

He should have not exited the vehicle...Cop reacted the way i figured one would that was not informed about carrying while outside the vehicle..

 

That was called Taking control of the situation and eliminating any threats..

Bad choice of words...

[Njbanshee 9]

Guy is an idiot, but correct.

 

Cop is a straight up douche

 

+1

[TK421 2]

Not to put too fine a point on it but these examples may not be indicative of all LEO out there but there sure as hell are no shortage of examples. Perhaps if the majority of LEOs called out their own for being douchebags in situations such as this as fast as they run to defend their brotherhood by calling the people that expose these incidents douchebags there wouldn't be such an image problem. Just sayin' /blue-flame suit on.

[twentynine30s 1]

Video looks to be from 2009 that was just released. Apparently charges were also dropped.

[Soju 153]

Last I checked, making the 'mistake' of getting out of your vehicle was not a crime, nor does it warrant being shot over. For whatever reason, some police tend to overreact when people are lawfully carrying a firearm. I would say this officer overreacted. When the gentleman told him he had a permit to carry it, the officer told him he didn't care. Why wouldn't he care? Seems odd to not care to know somebody is following the law and not in actual criminal.

 

On the other hand, the gentleman was lucky he didn't actually get shot. Jeffrey Weinhaus on the other hand, was not so lucky.

 

 

http://www.ksdk.com/...ed-in-shooting-

[Little Red Rooster 0]

Not to change the topic, but in a similar sitiuation in regards to being pulled over with a gun:

 

In the state of NJ, say I am on my way to the range with a handgun in the trunk (packed away unloaded, ammo separate, in compliance w NJ law) and I get pulled over for illegal turn/speeding or anything...

 

1) Do you have to off-the-bat inform the officer that you have a gun in the car?

2) If he asks: "do you have anything illegal in the car?" would you have to mention the gun even though it's not illegal?

3) What if the officer said: "is there anything in the car I should know about?" - would you have to mention the gun (ie does he "need to know)

 

Not that I'd ever be looking to be misleading to an officer while transpoting a firearm, I just want to know what you have to reveal to them. In my mind why go through the trouble of having them freak out that you have a gun if all you did was go 10 mph over the speed limit.

[twentynine30s 1]

Found it..

 

http://mugshots.com/US-Counties/Florida/Citrus-County-FL/Joel-Edmond-Smith.21087722/details/

 

http://recordspedia.com/Florida/Citrus-County/Court-Records/11074

[Soju 153]

Not to change the topic, but in a similar sitiuation in regards to being pulled over with a gun:

 

In the state of NJ, say I am on my way to the range with a handgun in the trunk (packed away unloaded, ammo separate, in compliance w NJ law) and I get pulled over for illegal turn/speeding or anything...

 

1) Do you have to off-the-bat inform the officer that you have a gun in the car?

2) If he asks: "do you have anything illegal in the car?" would you have to mention the gun even though it's not illegal?

3) What if the officer said: "is there anything in the car I should know about?" - would you have to mention the gun (ie does he "need to know)

 

Not that I'd ever be looking to be misleading to an officer while transpoting a firearm, I just want to know what you have to reveal to them. In my mind why go through the trouble of having them freak out that you have a gun if all you did was go 10 mph over the speed limit.

 

1. No.

2. No.

3. No. You don't even need to answer.

 

Use discretion. Understand the situation. Use judgment on whether or not you think saying or not saying something is better or worse. Pick your battles. If all else fails, simply shut up and don't say anything.

[71ragtopgoat 23]

If there was no reason to declare the cop was way out of line. Not for cuffing the guy till he checked him out. But for what happened afterwards. It seems this officer has a problem with a lawfull citizen who is an equal to him in defending himself.

The man was an idiot for getting out of the car and not declaring it before reaching for his wallet. Although being an idiot can get you killed it is not a crime to be one.

[glockofseagulls 0]

Not to change the topic, but in a similar sitiuation in regards to being pulled over with a gun:

 

In the state of NJ, say I am on my way to the range with a handgun in the trunk (packed away unloaded, ammo separate, in compliance w NJ law) and I get pulled over for illegal turn/speeding or anything...

 

1) Do you have to off-the-bat inform the officer that you have a gun in the car?

2) If he asks: "do you have anything illegal in the car?" would you have to mention the gun even though it's not illegal?

3) What if the officer said: "is there anything in the car I should know about?" - would you have to mention the gun (ie does he "need to know)

 

Not that I'd ever be looking to be misleading to an officer while transpoting a firearm, I just want to know what you have to reveal to them. In my mind why go through the trouble of having them freak out that you have a gun if all you did was go 10 mph over the speed limit.

 

1. No, you do not have to the them jack.

2. Your answer should be NO given that you have an FID and transporting correctly per NJ law.

3. Again, NO. You're not doing anything illegal, so why is there something he should know about?

 

You will not get searched without probable cause, why open up a can of worms?

[GlassFanta 0]

That's nothing. Check out this Hero kicking a restrained man having a diabetic seizure in the head five times while he is on the ground. "Stop resisting mother fugger!" And this Brave Hero also makes sure the other officers are OK after he beats the restrained man on the ground. Then a few of them laugh about the incident.

 

http://www.liveleak....=93d_1358280118

[P4Plenty 1]

he must have transferred from New Jersey

[P4Plenty 1]

That's nothing. Check out this Hero kicking a restrained man having a diabetic seizure in the head five times while he is on the ground. "Stop resisting mother fugger!" And this Brave Hero also makes sure the other officers are OK after he beats the restrained man on the ground. Then a few of them laugh about the incident.

 

http://www.liveleak....=93d_1358280118

 

 

Thats a little ridiculous.

[GlassFanta 0]

Oh and I should also note that when he decides to kick the man in the head five times, he is already being held down on the ground by four other officers. Man, what a tough guy. I feel so safe with heroes like him protecting me!

[GlassFanta 0]

Also, how are "must inform" laws compatible with the fifth amendment? How can you be required to incriminate yourself?

[CMJeepster 2,778]

I never meant to point fingers, I only meant to bring this (apparently old) situation to light. Mistakes were made on both sides, IMO. Hopefully tjis will serve as a lesson to those not thinking clearly (on both sides) in "free states."

[raz-0 1,259]

Also, how are "must inform" laws compatible with the fifth amendment? How can you be required to incriminate yourself?

 

How are you incriminating yourself when notifying an officer you are carrying with a license. It's not like you'll be arrested and charged for notifying them of a legal activity.

[TK421 2]

Also, how are "must inform" laws compatible with the fifth amendment? How can you be required to incriminate yourself?

 

You kind of waive that right when you get the permit as following that law is a condition of he permit.