BROKENSPROKET
Regular Member
I believe there is a misunderstanding about the RAS in a situation like this. Just because an act is illegal without a permit, does not create RAS to demand a permit. The act is also legal with the permit, so the officer has to have more info than a mere observation or suspicion. This is obviously my opinion but here is a court case that I believe states very clearly.
Regalado v. State, 25 So. 3d 600 - Fla: Dist. Court of Appeals, 4th Dist. 2009
"Despite the obvious potential danger to officers and the public by a person in possession of a concealed gun in a crowd, this is not illegal in Florida unless the person does not have a concealed weapons permit, a fact that an officer cannot glean by mere observation. Based upon our understanding of both Florida and United States Supreme Court precedent, stopping a person solely on the ground that the individual possesses a gun violates the Fourth Amendment."
Think of it like a DL, an officer can't just stop you to see if you have it. There has to be something else going on to give RAS to stop you. Now they could consensually converse with you. But that's a different topic. And you should know how to handle that.
941.235 prohibits firearms in public buildings, so if you open carry in the Capitol, you would be subject to a misdemeanor arrest, unless you provided your CWL.
Open Carry in the Capitol is PC that a crime has been committed, your defense is your permit.