When Toddlers Kill Selves with Guns in Florida, Guess Which Color Gun Owners Get Arrested?

[Trumplestiltskin 5,791]

That's a determination which is subjective. You shouldn't pretend that police charge a person with a crime after a long deliberation of the law. It just isn't true.

[decocker 7,198]

Florida state law requires gun owners to secure their weapons in the presence of children under 16, but they can only be charged if the minor brandishes it in public.

Cecilia Barreda of Pinellas County sheriff’s office said the pair would not be charged as the weapon was "secured" in the glove box.

i'm sorry someone tell me how a glove box with no lock is a more secure than a bookbag with no lock?

[Mr. Big Dog 10,747]

Florida state law requires gun owners to secure their weapons in the presence of children under 16, but they can only be charged if the minor brandishes it in public.

Cecilia Barreda of Pinellas County sheriff’s office said the pair would not be charged as the weapon was "secured" in the glove box.

To consider a gun in an unlocked glove box "secured" is a rather strange interpretation of the term "secured". The law requires guns to be secured so that children under the age of 16 cannot access them. Seeing that the toddler did access the gun, I would say that it fails the "secured" test.

[decocker 7,198]

not only did the toddler have access to the gun, he was confined in the car with the gun unsupervised. utter bs.

[Sousuke 1,214]

Most states do not consider the glove box as a secure location - most say that transportation in a vehicle requires the firearm to be in the boot. I bet Florida is similar (though if you have a conceal carry it can be anywhere in the car).

Edited February 6, 2015 by Sousuke

[decocker 7,198]

both men have (had) conceal carry permits.

[Sousuke 1,214]

Florida laws actually are pretty lax.

In that case Florida law usually allows the weapon or firearm to be legally kept ‘securely encased" in the vehicle, although there are some exceptions. The simplest and most common definition of "securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon. Securely encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle. The firearm may be fully loaded at the time, however, it cannot be concealed on your person unless you also have a CWP.

http://www.floridafirearmslaw.com/orlando-criminal-defense-services/carrying-concealed-firearm-or-weapon.html

Note though, that a backpack that zips counts too.

Edited February 6, 2015 by Sousuke

[decocker 7,198]

yep, race has no place in this.

[Teddy B 17,252]

Pay close to attention to the red print.

Florida

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790.25

Lawful Ownership, Possession, and

Use of Firearms and Other Weapons

(5)

Possession in Private Conveyance

Notwithstanding subsection (2), it is lawful and is not a violation of

s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self defense as provided in s. 776.012.

(17)

"Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

http://handgunlaw.us/documents/USRVCarCarry.pdf

I see Sousuke beat me to it.

[decocker 7,198]

Pay close to attention to the red print.

I see Sousuke beat me to it.

so why was one charged and the other not?

[Teddy B 17,252]

so why was one charged and the other not?

Because a backpack isn't considered to be secured and he left the backpack in the bedroom where the kid sleeps.

[decocker 7,198]

Because a backpack isn't considered to be secured and he left the backpack in the bedroom where the kid sleeps.

wrong.

[Teddy B 17,252]

wrong.

He was only arrested because he's black.

[decocker 7,198]

He was only arrested because he's black.

i think they should both be arrested. i don't really understand why keeping a gun zipped in a bookbag warrents arrest and keeping an unsupervised child in a car with a gun in the glovebox doesn't.

the uncle should have kept the gun in a toybox with a lid, that would have been within the law, huh.

[Sousuke 1,214]

i think they should both be arrested. i don't really understand why keeping a gun zipped in a bookbag warrents arrest and keeping an unsupervised child in a car with a gun in the glovebox doesn't.

the uncle should have kept the gun in a toybox with a lid, that would have been within the law, huh.

On their person, or in a locked container IMHO.