Sanibel Island & LEE COUNTY Agree on Concealed Carry

Following a letter I sent to the Mayor concerning this sign, the issue was given to the City Attorney. I spoke with him briefly today and he agrees that Florida is a Preemption State and that the City of Sanibel Island is unable to restrict the possession of legally concealed firearms on a public beach.

The following letter was received today from The Lee County Interim Manager. It certainly appears Lee County is resolving the situation as well.

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(239) 533-2221


August 13, 2009



Via E-Mail Only: (Buckley@JPBEsq.com)

J. Patrick Buckley III, Esq.
The Law Offices of J. Patrick Buckley III and Associates
Key West Professional Centre
1342 Colonial Blvd., Suite H-60
Fort Myers, Florida 33907


RE: Bowman’s Beach, Sanibel, Florida


Dear Mr. Buckley:

Thank you for your letter of July 21, 2009, pertaining to the signs on Bowman’s Beach relating to firearms. We agree with your assessment that the State of Florida preempts the regulation of firearms exclusively to the state, and we’re aware that the signs need to be removed. Lee County Parks and Recreation Department is working on having the signs removed and/or the reference to firearms deleted.

In spite of the issue with the sign we hope that you enjoyed your time at Bowman’s Beach.

Sincerely,




Karen Hawes
Interim County Manager



xc: Judith Zimomra, City Manager, City of Sanibel
Andrea Fraser, Deputy County Attorney

Via E-Mail Only:
Board of County Commissioners
Barbara Manzo, Director, Parks and Recreation
Jed R. Schneck, Assistant County Attorney

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Just who should you listen to?

http://www.naplesnews.com/news/2009/jun/16/widow-pulls-pink-pistol-handyman-she-believes-was-/

NAPLES — With her pacemaker and frail body, few would describe Christa Taft-Mueller as an intimidating woman.

But the 69-year-old widow is no pushover when she’s packing her pink-handled Walther P22 semi-automatic handgun. Just ask a local handyman.

On Monday afternoon, Taft-Mueller pulled the gun on a handyman who was supposed to be repairing the pocket door leading to her bedroom, but who she says she found arched over her jewelry box.

“My hands were shaking so much,” Taft-Mueller said in her German accent. “And the guy said, ‘Is that pistol loaded?’ I said, ‘Of course it is. It’s ready for you. It’s ready for you, honey.’”
The handyman, whose name is not being released by the Collier County Sheriff’s Office, said he was only looking for an outlet to plug in a tool. He was not charged with a crime because the Sheriff’s Office said nothing was missing from Taft-Mueller’s jewelry box.

“There was no evidence that a crime occurred,” Sheriff’s Office spokeswoman Michelle Batten said.

Rob Gardner, vice president of Orlando-based Handyman Connection, said he trusts the handyman wasn’t attempting to steal anything. Gardner’s company has employed the handyman since 2006 without incident, he said.

“I think it was just an honest mistake on her part,” Gardner said.
Taft-Mueller couldn’t disagree more.

Since her husband died of cancer last September, Taft-Mueller has relied on hired handymen to fix things around her East Naples home on Moon Lake Drive. After the sliding door to her bedroom fell off the track recently, she called Handyman Connection, a company she’s hired maybe a half-dozen times before.

When the handyman arrived around 1 p.m. on Monday, Taft-Mueller said he went right to work on the door. She grew suspicious, however, when she said he closed the door and was alone in her bedroom for about five minutes.

Taft-Mueller said that when she opened the door to check on the handyman, he was bent over the jewelry box on top of her night stand. The handyman said it was all a mistake, and that he was only looking for an outlet to plug in a light inside her dark bedroom, according to a Sheriff’s Office report.

If that was the case, Taft-Mueller questioned why he didn’t use the outlet on the side wall next to the night stand, or one of the three outlets within a few feet of the door he was repairing.
“He said, ‘I’m looking for an outlet.’ I said, ‘In my jewelry box?’” Taft-Mueller said. “I started trembling and I got real scared that he was a thief.”

When the handyman went out to his truck, Taft-Mueller called the Sheriff’s Office and found her loaded pink pistol in her bedroom.

“It’s kind of like a lady’s gun,” Taft-Mueller said. “A guy wouldn’t want to own a gun that is pink. He would want something that’s blue and black and brown. Not a pink one. That would be sissy.”
When the handyman came back inside, she held him at gunpoint.

“I said, ‘You (expletive), you’re not going anyplace,’” Taft-Mueller said.

The Sheriff’s Office dispatcher told Taft-Mueller to put the gun down, and told both her and the handyman to go outside to wait for responding deputies. She was hospitalized briefly because her chest was tight and she was having a hard time breathing after the encounter.

So, what did she do wrong?

We are taught that we should listen to authority figures, and in most instances we must obey the commands of law enforcement officers. In this case Ms. Taft-Mueller listened to the dispatcher. Here everything ended well. Had the deputy arrived at her property and found her in poor condition, the victim of an attack, then what?

Police dispatchers are well-trained in many areas, but it is unwise to take commands from them if you reasonably believe that you are in jeopardy of death or imminent bodily injury. She easily could have waited for the deputy to arrive, and the deputy could have given appropriate instructions.

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