I am on the record saying that those stupid Concealed Carry Badges are a bad idea. Plus I hate to be carrying unnecessary crap and add to the EDC I already have. But this particular individual although he might be right on the badge not being the same as the ones local LEOs carry, it looks similar to some badges from out-of-state agencies. And maybe you can skate on that particular item since it is not an exact copy of a real badge, but stating that you are carrying one so people think you might be a LEO and not get tagged for accidental exposure is adding crap to the pile and asking for a prosecutor to nail your ass to the floorboards. That you might be found not-guilty in a trial is not important, the issue as Jon Guttmacher says, why be Defendant Zero and test the law?
Florida Statutes
843.085 Unlawful use of badges or other indicia of authority.—(1) It is unlawful for any person, unless appointed by the Governor pursuant to chapter 354, authorized by the appropriate agency, or displayed in a closed or mounted case as a collection or exhibit, to wear or display any authorized indicia of authority, including any badge, insignia, emblem, identification card, or uniform, or any colorable imitation thereof, of any federal, state, county, or municipal law enforcement agency, or other criminal justice agency as defined in s. 943.045, with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to display or wear such item.
*facepalm*
Concealed means concealed. Put on a better fitting shirt.
And most people don’t notice, anyway. Most people are in Condition White 24/7.
The only reason I would ever get one of those is strictly for the collect-ability. There is no way I would carry one. With a county attorney that hates guns as much as ours does, if you were in a shooting, he would probably love to add a impersonating a officer charge.
That is why I support open carry. Not because I open carry (other than the woods) but because it nullifies wardrobe malfunctions.
If you wear one, you are a moron. End of subject.
The law quoted above is very specific as to what constitutes an offense. It prohibits the wearing or display of “any authorized indicia of authority,” meaning real badges, and also prohibits the use of “any colorable imitation thereof,” the “thereof” referring to the previously-mentioned “authorized indicia,” meaning a fake version of a real badge. CC badges don’t fit this definition. They are neither “authorized indicia of authority” (a real badge) nor are they imitations of real badges. They’re just “badges” that resemble official badges in a generic way. By selecting a version that doesn’t resemble local LE badges, this guy has gone out of his way to avoid the “colorable imitation” clause, because although “badge” says to many “LE,” his badge not only isn’t a fake of a real badge, it doesn’t resemble any “authorized” badges.
Using one to falsely represent oneself as law enforcement would constitute impersonating a police officer, but that would be the case without the fake badge. Using a fake badge while impersonating a police officer might involve another charge, but merely wearing a badge (here I’m purposefully not calling it a “fake badge” because to do so might suggest that it’s a fake of a real badge, which it is not) and making no representations of being law enforcement doesn’t appear to violate the statute quoted above.
And you would be right but for one thing: He expects to be identified by people as a LEO in order to avoid 911 calls of “man with a gun” if he accidentally displays. Basically he posted for God and Country his Mens Rea. He is giving ammunition to a prosecutor to come after him.