Florida AG Bondi Fights Against Gun Rights

Florida AG Bondi fights against gun rights

Florida Atty. Gen. Pamela Jo “Pam” Bondi

By: Raquel Okyay
11/18/2012 09:38 PM

RESIZE: AAA

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

Conflicting case law lands this matter at the highest court in the State. By statute 790.01(2), the Florida legislature has deemed carrying a concealed firearm a felony crime in the third degree. Statute 790.01(3) says, however, carrying a concealed firearm is permissible with a valid permit.The petitioner asserts that a police officer conducted an illegal investigatory stop and a search of his person without consent and without probable cause because there was no indication that he did not have a valid permit, and no other evidence of criminal activity.

Atty. Gen. Pamela Jo “Pam” Bondi and the State of Florida argue that any person 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.

 

Yet, as clear as the sky is blue, the law says “This section [carrying concealed weapons] does not apply to a person licensed to carry a concealed weapon.” If the language is directly written in the statute, it seems that it is more than just an exception, but the rule.

Although Florida’s State Constitution and the U.S. Constitution prohibits unreasonable search and seizure, the State, in its heavy handed Brief on the Merits, uses flawed logic to assume that at the rate of 95 percent, persons who are carrying a concealed weapon ought to be presum

ed guilty of committing a felony.

 

“Given the small percentage of the population that is licensed to carry a concealed firearm, the overwhelming majority of firearms, or 95 percent, are not licensed to be concealed. Thus, an officer’s suspicion that a firearm is not licensed would be reasonable because, in any given case, there would be, statistically speaking, a 95 percent likelihood of illegality.”

As succinctly pointed out by AmmoLand.com, “In order for the State’s argument to be valid, one would first have to ignore all visitors to our state from the 35 states with reciprocity. One would also have to ignore all of the circumstances where no license is required to possess a firearm, and it also assumes that every man, woman and minor child is carrying a firearm at all times.”

Assuming that any individual carrying a concealed weapon is committing a felony, gives the State unfettered and unreasonable access to search and seizure of anyone who is presumably carrying a concealed firearm. This violates the 2nd, 4th, 9th and 14th Amendments to the Constitution, no? No, not if you believe Florida Atty.  Gen. Pamela Jo “Pam” Bondi.

Pam Bondi is the same individual who boasted at the Republican National Convention in Tampa, “It is time to stop those who ignore the Constitution when it’s expedient!” It appears Ms. Bondi is happy to pick and choose which liberties the Constitution protects as long as it suits her fancy, but what about the rest of us little people who believe in liberty across the board?

Since Bondi wants a win for the State in the case of Mackey v. State of Florida, she will misconstrue facts, ignore state laws, and negate the Constitution if she has to, in order to receive a favorable result. Bondi pretends to be supportive of the Constitution, when in fact she is the epitome of ignoring the Constitution when it’s expedient!

Remember folks: Forceful words and flowery commentary mean zilch compared to the truth.

 

 


http://www.humanevents.com/2012/11/18/71665/#.UKvj7HIGrbY.facebook

 

 

 

 

 

 

Raquel Okyay

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3 comments to Florida AG Bondi Fights Against Gun Rights

  • Florida was once open carry. In October of 1987, after several years of trying to pass a concealed carry bill in the state legislature, a back door deal between political parties was made to pass the bill. That deal, and the price all Floridians would pay, was to restrict open carrying in Florida in exchange for instituting a conceal carry permit bureaucracy. From that day forward, Floridians partly lost one of their rights. Additionally, in an obvious attempt to generate revenue for the state, the new law required citizens simply carrying pepper spray or stun guns to obtain a concealed carry permit.
    Criminals certainly do not apply for conceal carry permits in order to go out and commit crimes, therefor a state handgun permitting system is nothing but a de facto tax on the law abiding citizens. Let’s remember, the heinous crimes committed at Columbine, Virginia Tech and most recently in Arizona were all committed with legally purchased guns. Let’s ask ourselves, if a carry permit issued by a state, or denial thereof, would have changed anything in the hearts and minds of the criminals who committed these violent acts.
    I’m with Alex Jones, defend your rights. Obama wants to take our gun rights away, but it is too late for gun control in America. It’s never going to happen. There are too many guns out there, and an individual right to bear arms is now entrenched in constitutional law. Gun control in America is as quaint a proposition, at this point, as marijuana prohibition, with two important differences: first, that the government is still for some reason pursuing the absurd project of marijuana prohibition; and second, that guns are actually a significant threat to public health. In this sense, gun control is on a long list of things that could have saved many people’s lives and made the world a better place, but for which it is now probably too late: a two-state solution to the Palestinian-Israeli conflict, EU action to avert economic catastrophe, stopping global warming. So this is just what one of America’s many faces is going to be: a bitterly divided, hatefully cynical country where insane people have easy access to semi-automatic weapons, and occasionally use them to commit senseless atrocities. We will continue to see more and more of this sort of thing, and there’s nothing we can realistically do about it.
    Americans also generally believe that our rights are those delineated in the Declaration of Independence and the constitution, including a non-infringeable individual right to bear arms. And yet, clearly, people in most law-governed democracies other than the United States, countries like Britain, Canada, France, Israel, the Netherlands and Japan, do not have an individual right to bear arms. There mistake.
    Allow legally purchased handguns to be carried legally, nothing more, nothing less. Follow the spirit of the Supreme Court’s decision and rescind the ban on open carrying in Florida. I am a strong supporter of the Second Amendment.
    One last thought “DONT TREAD ON ME”

  • Open Carry Florida
    The present…

    You are limited while open carrying your legally purchased handgun in the fine state of Florida. This is covered under Florida Statute FS 790.053. There are exceptions to the statute. It is legal to open carry when hunting, fishing, trapping, and while at work. This is covered under FS 790.25(3)(h), (j) and (k). “Anyone, while fishing, camping, or hunting….or while going to, or coming from fishing, camping, or hunting is exempt from the prohibition on open carry.”
    LUCKY FOR ME I’M ALWAYS DOING ONE OF THE ABOVE…I’M NOT JUDGING. I’M JUST SAYING

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