The gap between "no duty to inform" and "display upon demand"...(FL)

[gotime242]

Hello all,

I've searched around quite a bit and can't seem to find what I'm looking for.

Basically we know that in FL there is no duty to inform. We also know that every single piece of legal advise would instruct you to ONLY use the statements "I don't consent to any searches" and "Am I free to go? Etc"

So my question is, what would legally stop you from never telling an officer that you 1) have a firearm on your persons or 2) have a firearm securely encased in your vehicle? Wouldn't his question of "are there any weapons in the vehicle" fall under the same category which you would respond with the "no consent to search/am I being detained/I will remain silent until lawyer is present" answer(s)?

790.06(1) states:

...and must display both the license and proper ID upon demand by a LEO.

However the only reason he would demand it is if he did become aware it was on your persons...but how would he become aware if you remain (legally) silent? And it wouldn't even be required if it was securely encased in vehicle and again...you remained (legally) silent. If it goes as far as a search and then it was found, it would be like anything else and of course turn into a bigger issue then but could be legally justified.

What law requires you to answer the question: "Do you have a firearm on you?"

Now, I know the practical answer is "just be courteous and let them know"...and I would. But I'm looking for a strictly legal answer here.

Thank you.

 

[yugorpk]

You forgot "Am I being detained" ? My personal favorite.

If you have no legal requirement to inform why would you bring it up? I don't go around telling the cops who pull me over about my recent prostate exam. That's none of their business either.

 

[25-5]

A couple of quick reference sources.
"Travelers Guide to the Firearm Laws Of the Fifty States" by J. Scott Kappas and the app "Legal Heat".

 

[yugorpk]

Drivers license, registration and insurance card passed through the half open window. Theyre going to have to work for anything else. I gave up trying to talk my way out of tickets a long time ago.

"Do you know why I'm pulling you over? "

" Because that's your job "

End of conversation.

 

[Sam1911]

Hey guys, gotime242 asked a very specific question about FLORIDA law and even cited FLORIDA laws he felt are relevant to answering that question.

What you might need to do in Michigan or Arkansas or Abu Dhabi really have no bearing on his question.

And he specifically said he's looking for the LEGAL answer, not the courtesy or politeness or pragmatic answer.

There's been some pruning to help get back to the specific answer to his question. Let's not wander off track any further.