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Walnut Hill Man Arrested On Weapons Charge For Gun; Sword Was Legal
March 6, 2012
A Walnut Hill man was arrested over the weekend following a traffic stop on a felony weapons charge.
Robert Charles Allen, age 50 of South Highway 99, was charged with carrying a concealed weapon and was released from the Escambia County Jail on a $2,500 bond.
According to an arrest report, an Escambia County Sheriff’s deputy spotted Allen driving erratically on Highway 29 near 9½ Mile Road. During a traffic stop, the deputy reported finding a .22 caliber Derringer in Allen’s pocket.
Allen did not have a firearms or concealed weapons permit, according to the report.
He passed a field sobriety test, but was cited for an open container violation for an open bottle of beer sitting on the floorboard of the vehicle.
There was also a 12 gauge shotgun and a full size regimental sword on the passenger floorboard of the truck, but those weapons were being carried legally, deputies said.
Comments
27 Responses to “Walnut Hill Man Arrested On Weapons Charge For Gun; Sword Was Legal”
REGARDING:
“The bill of rights does not state or imply a persons right to posses a firearm.”
“- – - the right of the people to keep and bear arms shall not be infringed.”
Keep — “possess something: to hold or maintain something in your possession”
Using the English language, the Bill of Rights does EXACTLY that. It guarantees that right can not be taken away. Again, the Bill of Rights does not confer rights, it states which existing rights the government is forbidden to take away.
AND:
“The laws don’t interfere with a person’s right have a gun, it simply puts forth guidelines.”
“- – - shall not be infringed.”
Infringe — “encroach on somebody’s rights or property: to take over land, rights, privileges, or activities that belong to somebody else, especially in a minor or gradual way.“
Again, using the English language, telling someone how they can do what they can do is an infringement on that right.
We can twist the language around to say it means something other than what it says because we don’t like what it says, but that would be dishonest on our parts. Let us be honest and simply say we don’t like our Constitution and don’t intend to comply with it.
David for avoiding doublespeak
Anyone can have own a firearm. The constitution gives people the right to bear arms in a sense of ownership. The bill of rights does not state or imply a persons right to posses a firearm. The states have the right to declare the degree of possession or concealment. Absent of a permit a person does not the 2nd amendment right to carry a gun on their person, however in case law the automobile brings a sense of privacy. In US vs Carroll, they define that a vehicle can readily moved so the states put laws to govern how a firearm can be carried. Securely incased and not readily accessible. The laws don’t interfere with a persons right have a gun, it simply puts forth guidelines.
Thanks I will try to go to the next gun show at the fair grounds and I will
also go a head a purchase a hand gun so I can get the training I need.
Thanks again.
JM on March 7th, 2012 9:21 am
“Do you go to the Sheriffs office or the Police Department to apply for
a permit to carry and do you already need to have a pistol to apply?”
No, you do not need a pistol to apply.
Yes, the Sheriffs office is a good place to start. You are required to be fingerprinted by them. You will have to submit an application to the state as well as take a basic training class.
Easiest route is to go to the next gun show. They offer concealed carry classes that combine all of this into one place. Then all you need to do is everything into the State and wait.
Do understand that it would be wise to get formal, hands on self defense and shooting lessons with whatever pistol you decide to purchase.
And no, it’s not required to already own a pistol before applying for a permit.
Neither shotguns nor rifles require any type of permit – hunting or otherwise – to possess or transport. They also would not be considered ‘open carry’ if you walked down the street with one slung across your back or in your hands, as open carry pertains to handguns.
Where to get a permit: The CCW permits are processed through the Department of Agriculture. You can call the satellite office in Fort Walton Beach and request a CCW packet in the mail or go to any gun shop around the area and ask for a packet. It has all the applicable statutes to review; which it is definitely a good idea to know because the permit does NOT automatically allow you to carry anywhere, anytime. You will also need to take either a Gun Safety Course OR a Hunter’s Safety Course. Inquire at whatever shop as to where to take the class.
so this is as clear as mud…..
to own a long gun you need a hunting lic.?
does the castle doctrine have anything to do with this?
the coments here are not really answering the questions, I understand concealed cary and a hand gun being in a secure location. this is a mess to understand. I am sure i am not the only one…..
any sugested reading on the topic?
A shotgun is considered a long gun which is used for hunting , He must have had a hunting license ,
Do you go to the Sheriffs office or the Police Department to apply for
a permit to carry and do you already need to have a pistol to apply?
So you need a firearms permit for pistols but not a shotgun?
AS TO:
“Jefferson became Secretary of State under President George Washington in 1790; the Constitution was ratified in 1788 and took effect in 1789, I believe. General Washington presided over the Constitutional Convention, and didn’t become president until the Constitution was in effect. No one person authenticated the ratification; it was declared ratified by the Convention when the 9th state had ratified it.”
The Convention took place from May 14 to September 17, 1787, delivered their report to the states and disbanded.
The Second Amendment was adopted on December 15, 1791, along with the rest of the Bill of Rights. They were still feeling their way around and believed it was the duty of the Secretary of State to certify. Regardless, please note that several states refused to adopt the Constitution unless the Bill of Rights was included. But you couldn’t amend until it was approved. So they approved with that stipulation.
David considering carts and horses
and relative positions
If he was moving and in the process of taking these weapons to his new address, the charges against him should be dropped!
REGARDING:
“I argue the 2nd Amendment doesn’t apply, here. The 2nd Amendment of the Constitution disallowed the Federal Government from infringing on that right. It does not apply to the states”
If so, one would think our Constitution would be written:
“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed by the federal government,” or “- – - by Congress.)
Just as so many others were written “Congress shall make no law – - – -” Thereby showing only the federal government was forbidden to limit freedom of speech, of religion, of the press, of assembly, et cetera. Even those rights were extended down to the local level by the fourteenth amendment, but I don’t see where that was needed since the second didn’t limit itself to the federal government and was approved by the states, thus showing the agreement of the states to their limitation of power.
Or so it seems to me,
David considering actual wording
I possess a concealed handgun license. I support the right of people to keep and bear arms. I also support the forbidding of criminals to keep and bear arms.
However, I argue the 2nd Amendment doesn’t apply, here. The 2nd Amendment of the Constitution disallowed the Federal Government from infringing on that right. It does not apply to the states (unless you are a believer in the false doctrine of incorporation). The Constitution and Bill of Rights only apply to the Federal Government (as originally ratified).
The states may, under their own constitution, conduct their business under the 10th Amendment. One can only argue this under the FL state constitution.
Note: David, Jefferson became Secretary of State under President George Washington in 1790; the Constitution was ratified in 1788 and took effect in 1789, I believe. General Washington presided over the Constitutional Convention, and didn’t become president until the Constitution was in effect. No one person authenticated the ratification; it was declared ratified by the Convention when the 9th state had ratified it.
Joe:
In regards to carrying a handgun in a vehicle: if you do not have a CCW permit, it can be carried either loaded or unloaded provided that it is in a secure container, i.e. glovebox, center console, a gun bag, in your trunk, etc. On your person doesn’t count as being securely encased – it is concealed.
And Florida definitely is not an open carry state, save for a few exceptions; hunting, camping, fishing, target range or going to or from. The shotgun does not apply as being ‘openly carried’ as it is not a handgun and is covered by different laws.
And what exactly does the ‘castle doctrine’ have to do with illegally transporting a firearm?
x2 to what jeeperman said.
Let this be a lesson. Because he now has a felony he may not be able to carry a firearm legally now. Get your concealed carry next gun show. Then you’re covered. At least in this state and any state accepting our card.
there is no firearms permit requirement in the state of Florida.
But there is a permit requirement (Concealed Carry) if you want to carry any weapon in a concealed manner on your person.
REGARDING:
“Americans can carry weapons all you have to do is get a permit.”
AND
“The constitution gives us the right to bear arms…However each state has the right to govern how those arms will be carried”
I don’t really care but the controlling law is:
“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
(As ratified by the States and authenticated by Thomas Jefferson, Secretary of State at the time)
You will note that this right is not GIVEN by the amendment to the people, but rather is a right which is NOT GIVEN UP by the people to the government. You will also note that it is not a right which JUST the federal government is forbidden to infringe, but rather simply a right which can not be infringed. This would include state and local governments as well.
If you have to get a permit to do something, it is something which is permitted only if allowed. It isn’t a right. If you have a right, nobody can require a permit.
So actually, even though there are many laws pertaining to restrictions of citizens to keep and bear arms, they are all illegal since the Constitution tops all others in this country. Further, the Supreme Court has certified that it is an individual right, not solely a right of a militia or members of militias. In fact all real rights are held by people, not organizations. Organizations have powers, not rights.
Do I think everybody should walk around armed to the teeth? No, I don’t.
Do I think they have to ask my permission? The Constitution says they don’t.
David for literacy and civility
I would like to see the sheriff coment on this and explain the laws.
I thought it was legal to keep a gun in your car. if he had the gun in his pocket and was in his car? these laws are confusing? also I thought florida was not an open cary state, meaning you can not carry a weapon in plain view, permit or not. exception is on your property. all that said how was the castle doctrine fit in here. it says a person has the right to defent themselves and use of deadly force with out a “flee first clause” if that is so, how do you keep a weapon in your car, or in your pocket in your car?
I would really like all of this explained so everyone can understand it because it affects all of us in some way
The constitution gives us the right to bear arms…However each state has the right to govern how those arms will be carried…..As long as a state does not outlaw guns then they are not in violation of the U.S. constitution…..If you want to carry a concealed weapon in Florida just simply get a permit…
@ jimbo, we Americans can carry weapons all you have to do is get a permit. It’s not that hard.
my uncle wuz in process of movin to his new place thats why his guns an sword were in the vehicle
I agree with Jimbo.
Well gosh as long as the sword was legal …
The gent should appeal to Federal Court. The 2nd Amendment is’nt specific about where weapons are stored. The whole CCW scheme is a sham. We law abiding citizens should have the right to carry any legal weapon on our person open or concealed. I agree with the law prohibiting felons from carrying, but this person was not a felon and I do believe that he’s a citizen of the U.S.
I’m guessing he wasn’t afraid of anything……………