Florida Court Recognizes Popularity of Carry Permits, Rules Police Cannot Use Possess

[NRA-ILA]

An appellate court in Florida recently decided that a police officer who sees a firearm when approaching a citizen is not permitted to rely exclusively on the possession of the firearm as the justification for an investigatory stop and search. Bearing arms is not only a lawful activity, it is “a specifically enumerated right” protected under both the state and federal constitutions. Taking into consideration the sheer number of persons in the state who are permitted to carry concealed weapons, this “potentially lawful activity cannot be the sole basis for a detention. If this were allowed, the Fourth Amendment would be eviscerated.”

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