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florida law

Talked with my son, charge was 790.01(2) concealed firearms 2 counts because his and wifes were in the truck. They were in view, and 1 in a snapped holster. The cop was going to let him go but police chief showed up and said arrest. Made comment he was making a example. We will see, never read miranda, told it was felony but checked misdemeanor box. Hopefully some of this will be enough.
 
First, don’t get caught up in the no Miranda thing. He only has to have Miranda read if they ask interrogating questions, not because he was arrested.

Second, the statute he was charged with is a 3rd degree felony, but I’m confused as to why they have a misdemeanor version of the same crime, Florida Statute 790.053 is carrying of concealed firearms as well and is a 2nd degree misdemeanor.

Third, get him an attorney.
 
Sorry to hear that and I wish y’all the best of luck, I’ve carried in my vehicle since 18
thanks to Castle Law. I haven’t left the state in atleast that long, but I can assure you if I do I will look up the firearm laws before I do so. I’ve been pulled over before in Georgia before I was 21 and actually had to explain the same law to a GSP who was apparently “unaware” of it. (as respectfully as possible as I was originally pulled over for speeding in my work truck by him and he was nice enough to get my speed reduced to just 5 miles over instead of the 15 over I was going)
 
First, don’t get caught up in the no Miranda thing. He only has to have Miranda read if they ask interrogating questions, not because he was arrested.

Second, the statute he was charged with is a 3rd degree felony, but I’m confused as to why they have a misdemeanor version of the same crime, Florida Statute 790.053 is carrying of concealed firearms as well and is a 2nd degree misdemeanor.

Third, get him an attorney.
We ( he) has a call to a attorney that is former law enforcement officer and prosecutor.
 
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