Florida Firearm Laws: They’re kooky but if you have a gun then you must know them (and if your are NY Jet in Florida, well, then all bets are off) On Friday, January 8th, 2015,… Scroll down to read more!

On Friday, January 8th, 2015, NY Jet running back Chris Johnson was arrested for violating Florida gun laws after a traffic stop gone awry.

In this instance Johnson was pulled over for running a stop sign (typical NFL’er…. you tell them to run and they don’t discriminate, they just run, kinda like Forrest Gump)…

Anyhow, when the Orlando police officer in question approached Johnson’s car she observed the butt / handle of a gun in between his feet on the car’s driver side floorboard, and even though Johnson has a legitimate State of Florida issued concealed weapon permit and is the registered owner of the firearm, he was arrested for Open Carrying a Weapon, a second degree misdemeanor punishable by up to sixty (60) days in jail.

Apart from the obvious (gun safety, see above), Johnson, per the cops, violated Florida Firearm Laws – Chapter 790 Florida Statutes (that is a link to the formal statutes, following is a link to a more “civilian friendly” version, see:  Wiki FL Gun Laws), by failing to adequately conceal his weapon.  In other words, being permitted to do so, had Johnson had his gun properly and fully concealed on his person or in his vehicle such that the approaching cop COULD NOT see it then, even if it were discovered, he would have committed no crime; however, because it was partially exposed, he, arguably anyhow, violated the “open carry law”.  (Note that the officer had discretion NOT to make an arrest, and many an officer wold have done so, especially for a properly permitted citizen, but, Johnson is a NY Jet, and, in Florida, that of itself is – or should be – arrestable).
Cops are naturally suspicious creatures, especially on the roadside.  Sadly, anything – including bad things – can, and sometimes do, happen.  Tack on the fact that “officer safety” is usually their primary concern and, when weapons are involved, you have a recipe for disaster in situations like this, when you are an armed civilian and a cop approaches.  
I am permitted and though I rarely carry when I do I keep my firearm either concealed on my person, inside of my glove box or in the trunk / hatchback of my vehicle, not visible to viewers in.  On rare occasion when I get stopped and am carrying I make it a point to have both hands on the steering wheel when the officer approaches and, before I comply with a request to produce anything, I advise that I am carrying, that I am permitted and where my firearm is located.  I then ask what, if anything, that the officer would like for me to do, and then I do it, without hesitation or reservation.  I am (and you are) not obligated to do this but I do it anyhow, because A) it is a sign of respect and B) only once (out of 6-10 times in the 25 years that I’ve had a FL-CCW permit) have I been given a ticket after such a disclosure (and the one time that I did get a ticket it was from a douchebag Florida Highway Patrol Trooper who probably would’ve written up his own mother – apparently that is a job qualification for the FHP).

Anyhow, I don’t know if the Orlando cop in question is telling the truth about how she first saw the gun or if Johnson’s version of events is accurate (he claims that the gun was found “under a book bag under the seat” after a consent search of his vehicle) and frankly I don’t care.  Why?  Because Johnson is a NY Jet, and that is reason enough for me.  

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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