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To: mazda77; All

Mazda77 wrote:

In the state of Florida, if you are in POSSESSION of a stolen or serial removed gun, you are liable. This was covered with great emphasis in the CCW class I attended.

Marktwain replies:

Certainly, if you are in possession of a firearm whose serial number has been removed, you have legal problems.

This is not the case if you are in possession of a firearm that you obtained under the reasonable belief that it was legal to do so.

I have taught CCW classes for over 15 years, and it is not unusual for people to mistakenly put out misinformed opinion as if it were the law.

Here is some light on Florida law from a police officer forum:

“I work as an LEO in a low income area and have been dealing with a surge in bike thefts (not motorcycles) among other things recently. I’m looking to add another tool to my belt and start taking individuals who are ridding these bikes to jail. As we all know you can’t take someone to jail for a misdemeanor (not an exception) that does not occur in your presence (i.e. the original bike theft). Unfortunetely, the victims are claiming their bikes are only worth $150 (not that magic felony number). I’ve tried reading the 812 statues and can’t find any penalty for possession of stolen property. According to 812.022 the criteria appears to meet what I’m look for (but no penalty is listed). Maybe I need glasses, but if anyone could help it would be appreciated.”

http://forums.officer.com/t148911/

There is considerable discussion after this request, but it comes down to the fact that you cannot prosecute someone for merely possessing a legal object that they reasonably thought they obtained legally.


20 posted on 08/01/2012 6:33:45 AM PDT by marktwain
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To: marktwain

I am just repeating what the CCW Instructor told us. Be it that his comments were directly related to his experience with the Jacksonville Sheriff’s Office and since it is the largest shop, with five locations, he talks to a lot of officers. Maybe it was worse case scenario, but he was very pointed about it. He also mentioned something about the need for an attorney to straighten out the situation.

Take it for what it is worth.


25 posted on 08/01/2012 7:18:51 AM PDT by mazda77 ("Defeating the Totalitarian Lie" By: Hilmar von Campe. Everybody should read it.)
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