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Old 10-09-2012, 20:30   #41
Dragoon44
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Quote:
But even in an advisory capacity, could not those LEA choose to follow his advisory...especially if they are somewhat anti-gun? It may not provide 100% cover, but through litigation, they could say they were following the advice of the AG; thus potentially releasing them from violating ones right?
Again the Fl AG's opinion carries NO legal weight. Every LE agency in Fl is aware of this. The only opinions they MIGHT listen to is those where the Ag has been asked for his legal opinion on some aspect of Fl law. That is not the case in this situation. This is not an opinion issued by the AG it is part of the Ag's argument in the brief filed with the court.

Quote:
IMHO, problem is, if the case is upheld, it creates bad case law. Hence, why the Florida Open Carry filed their brief.
The case has noting to do with open carry. the individual was not arrested for open carry. the defense is trying to claim that part of the handle of the firearm being visible equals open carry but it does not.

Quote:
It reminds me of the cliche': Guilty till proven innocent.
This mantra of the gun rights folks always amuses me. obviously if the police in their work operate don innocent until proven guilty they would never arrest anyone or charge them with anything.

"innocent until proven guilty" has it's place, but that place is the courtroom not the street.
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