He closes his eyes when he fires a shot, real badass that one…
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So Eric is an Imperial Storm Trooper?
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In the interest of being generous, that might be a normal reaction from someone who’s never fired a gun in an enclosed space without hearing protection. Or maybe not, I’ve never done it.
I thought that only worked for cops. Oh, wait, Florida. Nevermind.
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Sure, because he’s the “good guy with a gun”! The other guy was disrespecting him, maybe throwing something at him, might even have had his own gun. It was perfectly reasonable to respond by wildly shooting his gun in random directions in public as a result. It’s self-defense!
Yeah, and that happened long before the actual incident. If he has a gun for “self-defense,” then the expectation is everyone else might have a gun. The only way for a gun to benefit him in that situation is for him to have his gun out and ready at the first sign of conflict - and to shoot first, ideally.
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I am not defending him. I’m just saying why he doesn’t have a lifetime ban now. If I am reading the Florida law correctly, (XLVI 790.07(1) “Whoever…while under indictment, displays, uses, … any weapon…is guilty of a felony of the third degree…”) it’s illegal for him to use a gun unless and until he is acquitted or the charges are dropped.
He isn’t being charged with extreme negligence. What he did isn’t negligence. It may be a lot of things – attempted murder in the second degree (“evincing a depraved mind regardless of human life”), aggravated assault with a firearm, etc – but he didn’t mistakenly or carelessly open a locked gun safe, take out a pistol, watch the other driver come into range, and then fire 11 shots. Nothing negligent about that.
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He also held the gun close to his body to conceal it before coming into range, you know, to lure in the other driver, so there’s no arguing that it wasn’t premeditated. I’d say it’s a good argument for “evincing a depraved mind”.
I’d say that you could argue that he was negligent while firing his gun. I mean, look at him, closing his eyes, leaning away, turning his head away like a coward. He clearly didn’t care who he hit. He just wanted to lash out at the big meanie that he was having a fight with. I’m not sure if there’s a “depraved indifference” law in Florida, but I’d say it’s also an easy add for the prosecutor.
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In Florida, the Dept of Agriculture issues gun permits. The Commish is Nikki Fried (who is running for governor). She suspended concealed carry permits of Jan6 insurrectionists from FL who were arrested. So it seems that, in Florida at least, you don’t have to be a felon to lose your gun. Since this guy had his pistol in his console, I’ll assume he has a CCW.
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Popper says he fired his gun because he thought the driver in the other car was shooting at him.
Were they? This IS Florida we’re talking about.
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Maybe, but Florida doesn’t require one if it is in your vehicle, but it must be concealed, such in the glove box, trunk, or in this case, the center console.
I didn’t read this about the Jan 6th insurrectionists, thanks for the link.
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I dunno, not that I want to dispute you, but a FL attorney says "people can carry a gun without having a concealed weapon permit as long as such weapon is in the interior of a private conveyance, is securely encased, or is not accessible for immediate use. " Seems like a console would make it available for immediate use. In any event, I think that Fried can suspend his license or revoke it all together. I certainly don’t think he should be allowed to have a firearm, given his knee-jerk reaction in road rage. Cheers.
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"people can carry a gun without having a concealed weapon permit as long as such weapon is in the interior of a private conveyance, is securely encased, or is not accessible for immediate use . "
I’m not a lawyer. My quick search is returning the various lawyer SEO pages and the relevant law, but from my reading of that page, and your above quote, it says OR not accessible for immediate use, not AND. So if you had it laying out in the open in your trunk, it is not accessible for immediate use, and is not encased. If you had it in a case on the seat by you, it is encased, but is accessible.
Of course lawyers will argue what constitutes “securely encased” or "not accessible for immediate use.
From another lawyer’s site, they offer some definitions of the language:
Without a CWFL or recognized out of state equivalent in a private vehicle, the handgun must be securely encased or not readily accessible. Securely encased includes carrying a loaded handgun in a holster which closes over the handgun (not a pressure holster and not on your person), glove compartment, gun case or a closed container. Not readily accessible means locked in the trunk or vehicle storage compartment.
Since they specifically say the glove box, I am not sure how that is any better than the center console.
I’m in agreement the guy should be charged, convicted, go to prison, and have his rights stripped. But until that all happens, even if he had a CCW and it was revoked, I don’t think it prevents one from carrying in the car. 
Source:
Found the actual law here:
(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
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Obligatory:
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Yes, I think this is it. I used to think that the reason Florida is such a rich source of “news of the weird” stores was that it’s a place that’s in the United States but also in the Third World (because strong currents of snowbirds and immigrants mix, enabling the former to exploit the latter). And that’s true, but I hadn’t been aware of Florida’s extremely strong public-records laws. Anybody who commits a a crime (or does anything that the authorities claim is a crime) can expect any video footage that’s recorded of the event to wind up online (with the possible exception of a billionaire getting a handy). Florida supports the public’s right to know.
And that’s why we have Florida Man, The World’s Worst Superhero.
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“an armed society is a polite society”
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It’s a wonder that he didn’t shoot the camera.
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Rich Texan is this character’s name…
Why does Rich Texan constantly fire his guns?
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Florida Man:
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Which is ridiculous. The ban should be immediate for any firearm charge and be in effect until either conviction (when it becomes permanent) or acquittal.
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