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.
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