The recent decision in Mackey v. State is being hailed by police and state attorneys, especially those who are anti-gun.
Don’t believe it? Take this gem from the Office of the State Attorney for the 15th Judicial Circuit (Dave Aronberg, NRA F-rated candidate 2008):
“The Court found that the permit is an affirmative defense to be raised by the defendant after his arrest; it is not element of the crime to be disproved by the officer prior to effecting the CCF arrest.” See pages 4 and 5 HERE
That’s right, having a concealed weapon firearm license (CWFL) does not keep you from being arrested, you can explain that to the judge at first appearance, after you spend a night in jail and get a felony arrest record. Mr Aronberg’s office has taken an inch from the Supreme Court and become a ruler. Do not think that other anti-gun state attorneys, sheriffs and police chiefs won’t do the same. This is the same type of discriminatory, unjustified harassment that was recently struck down in a challenge to Mayor Bloomberg’s illegal stop-and-frisk law, in New York City.
via State Attorney Tells Law Enforcement to “Stop and Frisk” Florida Gun Owners . Florida Carry.
Yes, we must trust the good intentions of District Attorneys when it comes to our rights. Their intentions are noble and pure.
Quoting a song:
Don’t trust your soul to no back woods southern lawyer
Cause the judge in the towns got bloodstains on his hand
There are a few other “important factors” here that need to be understood. Marijuana as well as Xanax pills were found in the car as well as the guy was having a real hard time producing license, registration & he had NO insurance. I would be certain that these factors only fanned the fire.
You are right. But the issue here is the misapplication of a decision to be used against law abiding citizens that happen to have a CWP.
This is equivalent to simply driving down the road and being pulled over, then being arrested for driving even though you have a valid driver’s license.
Right on the nose…..