GOA suing FL over Open Carry Ban & Under-21 Carry Ban.

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  • IronBeard

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    Oh... gotta love when they refer to themselves as "elites". "Elite", my ass. Most referred to as such merely have genetic-defect levels of greed, which in the end is detrimental to everyone including themselves.

    Problem being, people like that tend to "float" to the top, where they then hire all the best snipers and security personnel, or at least mediocre ones who are then provided with the best equipment :)
    I'm participating in a follow the money exercise that has spun off the current diddy debacle. In almost every instance, the money can be traced back to blackrock and/or vanguard. There is also a commonality that is hard to avoid among the top people of those two organizations. Those interested, have a look.
     

    IronBeard

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    I always reminded myself that I protected the office, not necessarily the individual in it at that exact time. Kind of like you respect the rank, not the person wearing it. Just so anyone doesn't get the wrong idea, while I was the dude in the suit and the earpiece a (very) few times, most of the time I was in full kit with a suppressed SBR and stuffed in a nearby closet, kitchen, unused office, vehicle, or other dead space. Also, it was in addition to other duties. I was never a full-time dignitary guy who traveled with them. Probably why I'm still married!

    As far as rubbing butts of the rich and powerful, yeah, not really. All the ones I was around pretty much ignored us. I never tried to talk to any of them, either. Just wouldn't have seemed appropriate.
    I get it and no offense intended. Knew people who worked details for the the clintons, before and during presidency, and some who worked for Dubya. Most guys I know these days look at the job as a whole, if it's worth the money/risk, they jump; usually a contract for a specified period. Every one that comes to mind is off shore...
     

    Miami_JBT

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    GOA has filed three briefs today in the Open Carry Lawsuit, GOA v. Pearson.

    Two challenge the SAO's and SLSO's motions to vacate the default judgement and dismiss the case.

    The final brief is in response to the judge's request that GOA file a motion for judgement after default.



    Here is the PDF of the motion for judgement after default.
     

    Snake-Eyes

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    GOA has filed three briefs today in the Open Carry Lawsuit, GOA v. Pearson.

    Two challenge the SAO's and SLSO's motions to vacate the default judgement and dismiss the case.

    The final brief is in response to the judge's request that GOA file a motion for judgement after default.



    Here is the PDF of the motion for judgement after default.


    Very nice and easy to follow motion. Good thing Bruen exists now, huh?

    If all goes well and a final judgment after default is granted, how strong of precedent would this case become for tearing down other infringement “laws” in Florida (“bump stock” {binary triggers} ban) and in other states?
     

    Miami_JBT

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    Here's all the motions filed today.

    Sep 30, 2024

    RESPONSE to Motion re 25 MOTION to Dismiss 1 Complaint,, or in the alternative MOTION to Stay re 1 Complaint,, filed by Gun Owners Foundation, Gun Owners of America, Inc., Richard Hughes. Replies due by 10/7/2024. (Attachments: # 1 Exhibit)(Phillips, James) (Entered: 09/30/2024)

    Response to Motion

    Exhibit

    Sep 30, 2024

    RESPONSE to Motion re 24 MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM pursuant to 28 U.S.C. § 2201(a), and pursuant to the legal framework in Bruen, and memorandum of law filed by Gun Owners Foundation, Gun Owners of America, Inc., Richard Hughes. Replies due by 10/7/2024. (Phillips, James) (Entered: 09/30/2024)

    Response to Motion

    Sep 30, 2024

    Plaintiff's MOTION for Default Judgment After Default by Gun Owners Foundation, Gun Owners of America, Inc., Richard Hughes. (Phillips, James) (Entered: 09/30/2024)

    Default Judgement

    court_update_png-3336659.JPG
     

    Miami_JBT

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    Very nice and easy to follow motion. Good thing Bruen exists now, huh?

    If all goes well and a final judgment after default is granted, how strong of precedent would this case become for tearing down other infringement “laws” in Florida (“bump stock” {binary triggers} ban) and in other states?
    Unknown, the judge now has the ball and we're playing in his court. But depending on how things go. I will use it to the best of our ability to go after other anti-gun laws and policies.
     

    gunsrfun1

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    That seems like an incredible waste of time and resources. Personally, I would not choose to open carry even it was allowed. But for GOA to sue the state of Florida in what will undoubtedly be a long drawn out uphill legal battle, there are a lot of other and more urgent threats to the second amendment And those resources could’ve been prioritized differently. But that’s just my two cents.
    Totally agree. Too many gun folks and gun orgs seem to have a "hair trigger" sensitivity about everything gun-related. We need to keep our eye on the big picture and pick our battles. Not something I would pay dues to GOA to pursue.
     

    Miami_JBT

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    Totally agree. Too many gun folks and gun orgs seem to have a "hair trigger" sensitivity about everything gun-related. We need to keep our eye on the big picture and pick our battles. Not something I would pay dues to GOA to pursue.
    In Florida, people get arrested if their shirt lifts up. It is very important to the millions of gun owners here.
     

    RVGuru

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    In Florida, people get arrested if their shirt lifts up. It is very important to the millions of gun owners here.
    That’s not accurate, an accidental flashing or visible printing is not illegal as long as there is a reasonable attempt to conceal. Brandishing or displaying a weapon with the intent is a different story. But bottom line, no, you will not get arrested if you’re reaching for something on the shelf at Walmart and your shirt lifts up.
     

    DustyDog

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    That’s not accurate, an accidental flashing or visible printing is not illegal as long as there is a reasonable attempt to conceal. Brandishing or displaying a weapon with the intent is a different story. But bottom line, no, you will not get arrested if you’re reaching for something on the shelf at Walmart and your shirt lifts up.
    Oh yes you can... may beat it court, but it's another gray area that any cop can exploit in the moment. Open carry removes that possibility: No sane cop is then going to say "I'm arresting you because your firearm was openly visible in some way, shape, or form"... they'd need some other pretense.

    And how many times have you heard about a concealed carrier deterring a threat by "brandishing"? Tells me that, if they'd been open carrying, the threat would likely have been deterred without the need to "brandish", so... who wants to have to draw their concealed weapon just to "deter" someone? Because, as you said...
     

    Miami_JBT

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    That’s not accurate, an accidental flashing or visible printing is not illegal as long as there is a reasonable attempt to conceal. Brandishing or displaying a weapon with the intent is a different story. But bottom line, no, you will not get arrested if you’re reaching for something on the shelf at Walmart and your shirt lifts up.
    Wrong buckaroo..... people are being harassed by LE because of that. I've personally been held at gun point because of it and almost arrested. The only thing that prevented me from being arrested was I was a cop. The officer who held me at gun point flat out told me I'd have been arrested if I didn't have a piece of tin in my wallet.

    The accidental exposure law is horrible for two reasons.

    1. It is up to the officer to decide what is an accidental exposure or openly carrying a firearm. If he's an anti-gun prick, you get cuffed and stuffed into a marked unit and taken to county.
    2. There is no definition in Chapter 790 in what brief and accidental is. Is brief defined as 5 seconds? Is it a minute? Is it five minutes because the person didn't notice? Is it accidental if your untucked shirt rides up because the wind does that when you're on a motorcycle? Or is it only accidental if your shirt rides up because you lifted your arm to grab something off the top shelf?

    Again, the law is purposefully vague and it provides no legal protection since any cop can just say "dude was open carrying. I'm arresting him. In my opinion, it wasn't' accidental or brief."

    Legalized open carry solves all of these issues. Furthermore, WY ARE YOU AGAINST THE PEOPLE HAVING THE RIGHT TO CHOOSE? 45 other states have it, what makes Florida special to be draconian like NY, IL, or CA?

    Explain how restricting a civil right is justified.
     

    Miami_JBT

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    Oh yes you can... may beat it court, but it's another gray area that any cop can exploit in the moment. Open carry removes that possibility: No sane cop is then going to say "I'm arresting you because your firearm was openly visible in some way, shape, or form"... they'd need some other pretense.

    And how many times have you heard about a concealed carrier deterring a threat by "brandishing"? Tells me that, if they'd been open carrying, the threat would likely have been deterred without the need to "brandish", so... who wants to have to draw their concealed weapon just to "deter" someone? Because, as you said...
    Yup..... the ever classic "I was gonna be mugged and I drew my pistol the mugger ran off."

    The mugger targeted the person in the first place because they were seen as an easy mark and unarmed.
     
    Last edited:

    IronBeard

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    That’s not accurate, an accidental flashing or visible printing is not illegal as long as there is a reasonable attempt to conceal. Brandishing or displaying a weapon with the intent is a different story. But bottom line, no, you will not get arrested if you’re reaching for something on the shelf at Walmart and your shirt lifts up.
    When Karen calls 911 and screams there's a man with a gun, you just wait right there until a guy (or 3-4) like the sheriff in this case shows up, and takes control of the situation. Post back here on how your interaction goes after you explain your "rights." If ya can.
     
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