Daytona Beach Police Officer Shows Ignorance of Gun Laws on Live TV

[Miami_JBT]

https://www.ammoland.com/2024/08/police ... n-live-tv/



Over the weekend on Friday, the Reelz show "On Patrol Live" broadcasted an officer from the Daytona Beach Police Department (DBPD) in Florida pulling over a car, believing it might be stolen. Although the officer could not prove the car was stolen, the officer was informed that a Palmetto State Armory AR-15 pistol was in the back of the vehicle.

"On Patrol Live" is a rebranding of the former A&E show "Live PD." "Live PD" was pulled off the air due to anti-police sentiment after the killing of George Floyd during an encounter with law enforcement. The show went on hiatus for a while before being relaunched on the Reelz TV Network as "On Patrol Live." The show features several police departments across the country broadcasting a live feed of law enforcement activities for a captivated TV audience.

The presence of the pistol led Daytona Beach Police Officer Chris Marr to detain the driver because he was 20 years old. The officer informed the driver it was illegal for him to own a pistol because he was under 21 and stated he was going to jail. The problem is that the officer was wrong and threatened to arrest someone falsely.

Under federal law, a gun owner must be 21 to buy a pistol from a federal firearms licensee (FFL). Under Florida law, a gun buyer must be 21 to buy a gun from an FFL. Neither Florida nor the federal government have any law against someone under 21 from owning a pistol. In fact, Florida doesn't have universal background checks (UBC), which means an 18-year-old could purchase a gun from a private sale.

The young man's father tried to inform Officer Marr that owning the gun was not against the law. Instead of verifying the statute for the ownership of pistols, the Daytona Beach Police officer threatened the father with arrest. After much pressure, the driver was forced to say that the gun was not his. He was under the impression that if he admitted to being the pistol's owner, then he would be going to jail. The police confiscated the pistol even though there was no evidence that the gun was illegally owned or stolen.

The in-studio panel made up of law enforcement officers surmised that the man might be facing federal prison time for owning a pistol under the age of 21. The panel was comprised of a mixture of active and former law enforcement officers. The fact that they didn't know the law was shocking. AmmoLand News contacted several lawyers to ensure the law enforcement officers were wrong. We were informed that the officers were grossly misinformed about federal and state laws. One lawyer was shocked that the DBPC officer didn't know the state or federal law on the age at which one can own a pistol.

AmmoLand News spoke to Gun Owners of America (GOA) Florida State Director Luis Valdes about what transpired. Mr. Valdes is a former law enforcement officer who watched a replay of the interaction on TV. He pointed to a lack of training and was angered by how quickly the officer rushed to assume that a law existed that prevented a 20-year-old man from owning a firearm.

"It is a travesty that, once again, Floridians had their rights violated by Daytona Beach Police," Valdes said. "As a former LEO myself, I am angered at the lack of training and understanding some officers in Florida have toward the Second Amendment. Nowhere in Florida's convoluted legal system does it state an adult under 21 cannot legally own a firearm. But it appears that Ofc. Chris Marr of DBPD thinks such a law exists. This isn't the first time that DBPD screwed over a Florida gun owner. Just recently, the agency illegally arrested a resident for openly carrying on his own property while protecting his daughter from an aggressive pit bull! It appears that Daytona Beach isn't a safe place for gun owners."

Immediately after the interaction, AmmoLand News contacted the media contact from the DBPD via email, phone calls, and text. We wanted to know if Officer Marr has been corrected on the law and how the department will ensure its officers will not repeat the same mistake. As of Sunday night, AmmoLand News has not gotten a response. AmmoLand News also contacted "On Patrol Live," but our request for comment was ignored.

On Saturday, the show "On Patrol Live" did not mention the encounter. This encounter shows the dangers of police encounters when the officers do not know the law.

[N4KVE]

I watch that show every weekend. I specifically remember that scene. Originally he said you have to be 21 to own it, & immediately corrected himself, to say “well 21 to buy it”. And then after the commercial he went back to 21 to own it. I don’t know why he flip flopped, but I’m sure once the detectives got involved, the law was correctly interpreted. I don’t remember what else was going on,were there drugs involved, was the gun stolen, etc. I remember telling my wife “I have that same gun”. But the kid should have a copy of the law with him until he’s 21. My other hobby is ham radio. But I have several Motorola radios capable of listening to the police. Florida has a law that states one can not have a radio IN THEIR CAR capable of listening to the police unless they have a ham radio license. So I always have in my wallet a copy of my ham radio license, & the Florida statute that exempts me from that law to show any overzealous cop. GARY.

[Miami_JBT]

One of the agencies I worked for was wrong on training. This was before we got permitless concealed-only carry passed last year and ushered in universal reciprocity for anyone visiting Florida. Anyways, during training, we were going over the recognition of FL's CCW permits. The agency instructor said the following:

"If you come across anyone with a FL CCW permit, but they have an out-of-state driver's license, you arrest them for carrying without a permit."

I had to stand up, shake my head, and tell the instructor that they're dead wrong. I explained that FL issues permits to non-residents and as it is perfectly legal for someone to have a FL issued CCW and have an out-of-state DL on them and be able to carry within the state.

The instructor was shocked that FL would do such a thing.

[Miami_JBT]

https://www.audacy.com/podcast/bob-rose-show-8686d/episodes/confusion-over-gun-laws-with-goas-luis-valdez-eeb12

[Wakko]

Unfortunately this is not uncommon at all. Officers get around 80 hours of legal in the academy and not much of it covers firearms. Gutmachers book should be an issued Bible to rookies, imo.

[REDinFL]

A "Law is what I say it is!" type, I'd surmise.

[Miami_JBT]