"Hunting near residence" answer

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Re: "Hunting near residence" answer

Postby rummya87 » Mon Oct 01, 2012 4:39 pm

Capt Jeff, were you/are you LEO who has gotten the order from your LEA? I wanna hear it straight from the horse's mouth. I'd like to see the AG's opinion on the matter before i tromps out into the wilderness disregarding all of the previous agency regulation and county/municipality ordinances. Some of it is very clear, purchase, sale, regulation of firearms is the State's province, period. But what about use? You would think with all of the other verbs, if the Legislature intended for USE to be included, they would have included it? Expressio Unius?

I still feel as though there will be some LEO's who don't really know/understand and will issue tickets/make arrests and the case will work its way through the system (i.e. the "case law" I speak of). You're telling me that they're fined $5000 for a bad arrest, what if the agency doesn't think its a bad arrest and takes it to court? There's always case law for a statute because there is always contention over what this means or that means. Point me to a statute that the legislature has written clearly. I bet you can't, because they purposely don't write it clearly and leave the judiciary some room for interpretation. I still feel as though there is some vagueness where there is some interpretation that can be made.
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Re: "Hunting near residence" answer

Postby Capt Jeff Kraynik » Mon Oct 01, 2012 6:19 pm

Yes, I'm a fulltime, (27) twenty seven year Florida LEO & we have been "ordered not to enforce" any city or county firearm ordinances because they no longer exist

We even had to sign a GO/MOU stating that we read the new ruling.

Per the Florida Supreme Court, the only enforcable firearms laws within the State of Florida are FSS 790.:hammer:

Are there LEO's out there that are not aware of the law change?

Of course!!!

But as I stated earlier, it's a $5000.00 personal fine for the LEO making the bad charge & a $20,000 fine for the agency.

I should check with their local agencies & keep a copy of the new ruling with them.

I've placed a copy in all our guides boats.
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Re: "Hunting near residence" answer

Postby Capt Jeff Kraynik » Mon Oct 01, 2012 6:31 pm

to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.


Here an example for you.

Guy gets pizzed off @ his neighbor for a loud party, walks out front into his yard, fires a shot in the air.

Before, I could arrest him on our city ord of "discharging a firearm in public" by obtaining a statement from any witness/victims involved.

Now, since only FSS 790 applies, I can only file a Capias Request with the SAO since the misdemeanor occurred outside my presence & it does not fall under the "Misdemeanor Exception Clause."

If I make a physical arrest, I'm out $5000.00 dollars!!!
"Don't take life so seriously, you'll never get out alive"

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Re: "Hunting near residence" answer

Postby Capt Jeff Kraynik » Mon Oct 01, 2012 6:34 pm

Florida Misdemeanor Exception Clause

There is probable cause to believe that person has or did the following:

• has possession of an amount of cannabis less then 20 grams (FSS 893.13(6)(b)and (d))
• contributed to the delinquency or dependency of a minor (FSS 827.04(1), (2))
• committed the offense of criminal mischief or graffiti-related offenses (FSS 806.13)
• violation of an injunction for protection. (FSS 741.30 or FSS 784.046)
• committed a battery. (FSS 784.03)
• act of domestic violence. (FSS 741.28)
• an act of retail or farm theft. (FSS 812.015)
• driver of a vehicle involved in a crash, has committed an offense under Chapters 316 or 322 in connection with a crash.
• a concealed weapon (FSS 790.01 & 790.02)
• disorderly conduct on the premises of an establishment (FSS 509.143)
• personal property of a public lodging establishment or public food service establishment (FSS 509.162)
• trespassed on the grounds of a school facility (FSS 810.097)
• committed the offense of stalking (FSS 784.048)
• committed the offense of transit fare evasion (FSS 812.015(4)
• a firearm or ammunition when the person is subject to an injunction for domestic violence (FSS 790.233)
• trespassed in any retail establishment, farm land, or mass transit vehicle as described in FSS 812.015.
• A misdemeanor has been committed, based upon an affidavit from a LEO of the Federal Government.
• A felony was committed on state military property or a misdemeanor was committed in the presence of a LEO of the Florida National Guard.
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Re: "Hunting near residence" answer

Postby rummya87 » Tue Oct 02, 2012 5:51 am

Capt Jeff, I appreciate the clarification from the LEO perspective. It helps a lot to understand what the LEA's are telling the officers to practice in the field.
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Re: Re: "Hunting near residence" answer

Postby whaknstak » Tue Oct 02, 2012 6:21 am

rummya87 wrote:Capt Jeff, I appreciate the clarification from the LEO perspective. It helps a lot to understand what the LEA's are telling the officers to practice in the field.


Rummy,

My agency forbids enforcing any and all firearm ordinances. They are unenforceable. They're finishing up removing unlawful regulations from the rulebook. We had a campaign to make this info known to all our officers and everyone is required to sign saying they understand the law change.
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Re: "Hunting near residence" answer

Postby drjon » Tue Oct 02, 2012 9:54 pm

Thank you for the link Whak, last time I was there, and it was years, I went through the agency search and couldn't find the whole chapters but only the histories of the rule, I never saw the "full chapter" link.

Capt, thanks for your input as well. This is probably the most informed and best ducumented topic I seen in a while. Good to see we have some well informed officers in the field. Must be so much better now with computers in the vehicles than carrying law and rule books like in the old days.
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Re: "Hunting near residence" answer

Postby whaknstak » Sat Dec 21, 2013 7:35 pm

Here you go Jake. Trey brought the topic up last year.
Last edited by whaknstak on Sat Dec 21, 2013 8:46 pm, edited 1 time in total.
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Re: "Hunting near residence" answer

Postby jakefromflorida » Sat Dec 21, 2013 8:44 pm

Great stuff, spot on! Thanks again x2 lol
Indaswamp wrote:
t_baker wrote:Nice work Jakefromstatefarm.

Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
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Re: "Hunting near residence" answer

Postby FreedomHunter » Mon Dec 23, 2013 7:09 pm

Capt. Jeff is correct, Prior LEO here and remember when the Lieutenant briefed us about all of this.

Good job Capt. Jeff
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Re: "Hunting near residence" answer

Postby whaknstak » Mon Jan 20, 2014 3:58 am

Bump for lazy folks
"Do you care about freedom? Dreams may have inspired it, and wishes prompted it, but only war and weapons have made it yours."

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