Alpo Posted September 30, 2022 Share Posted September 30, 2022 I just watched the interesting video. Security camera at a convenience store in Pensacola. Guy walks into the store carrying a shotgun. The clerk had seen him on the outside camera, and walked into the back room to retrieve his own gun. The guy with the shotgun just stands there looking around, and then the clerk comes back out pointing his gun at him. The guy with shotgun uses some profane language, explains that he is not from around here - he is from Chicago. Then he leaves. With the help of the lovely footage from the security video, he is arrested, and charged >Tate was arrested days later on Sept. 15 in Santa Rosa County. Authorities charged him with “openly carrying a prohibited weapon and attempted robbery with a firearm.”< Openly carrying a prohibited weapon? When did a standard 20-inch barrel shotgun become a prohibited weapon? Now if he was a convicted felon, having the firearm would be the charge, not having a prohibited weapon. It just makes no sense to me. Anybody got thoughts on that? Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted September 30, 2022 Share Posted September 30, 2022 Give him the biggest charge you can think of and let him pay a lawyer to argue it down. Link to comment Share on other sites More sharing options...
Pat Riot Posted September 30, 2022 Share Posted September 30, 2022 “Oh, you’re from Chicago? Drop the gun or I will shoot you!” What the heck does being from Chicago have to do with anything? Did the shotgun guy not expect the store owner to be armed? Probably not. Regardless; guy from Chicago carrying shotgun. That would definitely raise my defense level to red. Link to comment Share on other sites More sharing options...
Alpo Posted September 30, 2022 Author Share Posted September 30, 2022 The clerk let the armed robber walk out the door. If I was the clerk, I would suspect that the guy with the shotgun came in to rob my store, and changed his mind only upon finding out that I was already armed, and that if he went out the door with his shotgun he would go rob somebody else's store. I would therefore have told him to leave the shotgun. I wouldn't have tried to arrest him, but I would certainly have tried to have him leave unarmed. Link to comment Share on other sites More sharing options...
Smokin Gator SASS #29736 Posted September 30, 2022 Share Posted September 30, 2022 He said he was from Chicago but was actually a Florida resident. I guess he thought saying he was from Chicago would be a better explanation as to why he was carrying a shotgun. Link to comment Share on other sites More sharing options...
Muleshoe Bill SASS #67022 Posted September 30, 2022 Share Posted September 30, 2022 Heck in my mind, if he said he was from Chicago it would make sense going to the store armed with a shotgun. The key element missing for me would be he didnt have body armor so nope you not from Chicago Link to comment Share on other sites More sharing options...
Cypress Sun Posted September 30, 2022 Share Posted September 30, 2022 Lucky he didn't get shot dead upon entering the store. As I read the story, when it first happened, the "prohibited weapon" part was illegal open carry as per Florida law. I guess the whole "I'm from Chicago" thing was to provide some perceived street cred, not realizing that in Florida...we don't give a s*** about street cred. Link to comment Share on other sites More sharing options...
DocWard Posted September 30, 2022 Share Posted September 30, 2022 3 hours ago, Alpo said: Now if he was a convicted felon, having the firearm would be the charge, not having a prohibited weapon. That could be what was meant. Florida law speaks of felons being prohibited from receipt or possession of firearms. While Ohio law typically refers to it possessing a "weapon under disability," the disability being a legal one, I've also heard it referred to as "weapon under prohibition." Link to comment Share on other sites More sharing options...
Alpo Posted September 30, 2022 Author Share Posted September 30, 2022 3 hours ago, Marshal Mo Hare, SASS #45984 said: Give him the biggest charge you can think of and let him pay a lawyer to argue it down. If that charge meant the charge of carrying a gun openly without a permit - that's a second degree misdemeanor punishable by $500 or 60 days. https://www.flsenate.gov/Laws/Statutes/2022/0790.053 If they were going after him being armed, carrying a gun while committing a crime is a third degree felony. Displaying the gun while committing the crime is a second degree felony. But that still wouldn't be a "prohibited gun". https://www.flsenate.gov/Laws/Statutes/2022/0790.07 Displaying the gun in a open, careless, or threatening manner is a first degree misdemeanor. https://www.flsenate.gov/Laws/Statutes/2022/0790.10 And lastly, if there is a restraining order against him he is prohibited from having weapons. https://www.flsenate.gov/Laws/Statutes/2022/0790.233 Link to comment Share on other sites More sharing options...
Sixgun Sheridan Posted September 30, 2022 Share Posted September 30, 2022 Hopefully the convenience store clerk doesn't get fired for refusing to be a victim. Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted September 30, 2022 Share Posted September 30, 2022 3 hours ago, Alpo said: I would therefore have told him to leave the shotgun. I wouldn't have tried to arrest him, but I would certainly have tried to have him leave unarmed. That only works in the movies. “Why Johnny Tyler, you madcap…” Link to comment Share on other sites More sharing options...
Alpo Posted September 30, 2022 Author Share Posted September 30, 2022 21 minutes ago, Sixgun Sheridan said: Hopefully the convenience store clerk doesn't get fired for refusing to be a victim. He would if he worked for 7-Eleven. I know people that have been fired from 7-Eleven for having a gun. Link to comment Share on other sites More sharing options...
Dusty Devil Dale Posted September 30, 2022 Share Posted September 30, 2022 Just a question: What am I missing? Are we doing a FBI thing here and having a guy--looking for a crime to charge him with? Was he violating a law, or just scaring somebody? Enough info is not provided. Was it really prohibited open carry in that jurisdiction? IF so, then he is charged with that crime-- only. IF he was prohibited from being in posession, then that crime adds on. But if it was legal open carry, he was fully legal in entering the store with his firearm, and he actually could have defended himself with the SG, when the clerk drew down on him, since FLA has a Stand Your Ground law. That's a big issue in the "open carry" debate. Circumstances are not always as they appear. Much more info is needed. Link to comment Share on other sites More sharing options...
Cypress Sun Posted September 30, 2022 Share Posted September 30, 2022 3 minutes ago, Dusty Devil Dale said: Just a question: What am I missing? Are we doing a FBI thing here and having a guy--looking for a crime to charge him with? Was he violating a law, or just scaring somebody? Enough info is not provided. Was it really prohibited open carry in that jurisdiction? IF so, then he is charged with that crime-- only. IF he was prohibited from being in posession, then that crime adds on. But if it was legal open carry, he was fully legal in entering the store with his firearm, and he actually could have defended himself with the SG, when the clerk drew down on him, since FLA has a Stand Your Ground law. That's a big issue in the "open carry" debate. Circumstances are not always as they appear. Much more info is needed. Open carry is prohibited in Florida except under very specific circumstances. Carrying a pump shotgun into a store is NOT one of those specific circumstances. Florida law is clear on open carry. Violating a law...yes. Trying to scare someone...with a shotgun? That'll get you shot and shot lawfully. Someone's home is NOT the only place where the "Castle Defense" comes into play, one's place of business is also protected. The Chicago idiot is extremely lucky. A stranger walking into the door of that convenience store with a shotgun is just like a stranger walking into YOUR front door with a shotgun...I know what I would do. The convenience store worker showed great restraint IMO. Link to comment Share on other sites More sharing options...
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