Florida Bill to Legalize Open Carry and Require Strict Scrutiny

Contact Committee Members NOW to Support the Right to Bear Arms by the use of Strict Scrutiny and Legalizing Open Carry

Florida Bill to Legalize Open Carry and Require Strict Scrutiny
State Laws Regarding the Unconcealed Carry of Handguns
Florida Carry
Florida Carry, Inc.

Tallahassee, FL -(AmmoLand.com)- On Tuesday, Oct 6th, at 9am the House Criminal Justice Subcommittee will hear the Open Carry and Strict Scrutiny bill.

Committee members need to hear from you now. It does not matter if you ever intend to carry unconcealed, this is one of the most important bills filed for the protection of the right to bear arms in Florida since Shall Issue Concealed Carry was passed in 1987.

Strict Scrutiny is the most stringent standard of judicial review used by United States courts to weigh the government’s interest against a constitutional right. In basic terms, strict scrutiny of the right to bear arms and self-defense means that if any Florida law is going to stand that impacts those rights, the state must prove that it is using the least restrictive way possible for the state to achieve a compelling need to regulate.

Open Carry is legal in most of the country. Most often open carry is practiced in very innocuous ways. For example, a concealed carrier who leaves their coat off while pumping gas or the hiker who openly carries in the field. Florida’s Open Carry ban is so strict that it would be illegal for a concealed carry licensee to take off a jacket at a friend’s house if doing so exposed a holstered handgun.

There are other times when a law-abiding gun owner may choose to carry openly rather than concealed. Late at night while getting cash at a ATM, while working outdoors on someone’s property during the summer, or even just running an errand without needing to re-dress to fully conceal a handgun.

Regardless of motivation, or even in cases of accidental exposure, Florida’s Licensees have proven that they use good judgement when they carry and should not face criminal prosecution for not hiding their firearms.

PLEASE EMAIL Members of the House Criminal Justice Subcommittee NOW.

SUPPORT HB-163 – Protect the Right to Bear Arms:

Here’s the breakdown of how the bill protects the rights of gun owners:

  • Section 1 – Strict Scrutiny of all statutes implicating the Right to Keep and Bear Arms and Self-Defense:
    The judiciary shall employ strict scrutiny in reviewing any statute that implicates the right to bear arms or defend one’s self pursuant to this chapter. The right to bear arms is a fundamental and individual right that exists in any place that a person has the right to be, subject only to exceptionally and narrowly tailored restrictions that employ the least possible restriction on the right in order to achieve a compelling government interest.
  • Section 2 – Arrest only for Unlicensed Concealed Carry (Technical Amendment):
    The unlicensed carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant.
  • Section 3 – Licensed Open Carry & Prohibition on Infringing Gun Owner Rights:
    A person licensed to carry a concealed firearm or weapon pursuant to this chapter may openly carry such firearm or weapon… Unless probable cause exists to believe that a crime has been committed by an individual, any person or entity infringing upon the rights conferred on that individual by (Florida Law), the State Constitution, or the Second Amendment to the United States Constitution is liable pursuant to s. 790.33(3)(c), (d), (e), and (f). Notwithstanding any other law, no immunity shall apply to persons infringing on such rights in violation of this subsection.
  • Section 4 – Legislative Findings that Lawful Carry Enhances Public Safety and Strict Scrutiny of 790.25:
    The Legislature finds as a matter of public policy and fact that the possession and carrying of weapons and firearms by law-abiding individuals for lawful purposes, including self-defense, enhances public safety…

The judiciary shall construe this act in conjunction with the right to bear arms or defend one’s self as provided in chapter 776.

The right to bear arms and defend one’s self is a fundamental and individual right that exists in any place that a person has the right to be, subject only to exceptionally and narrowly tailored restrictions that employ the least possible restriction on the right in order to achieve a compelling government interest.

About Florida Carry, Inc.:

Florida Carry, Inc. is a non-profit, non-partisan, grassroots organization dedicated to advancing the fundamental rights of all Floridians to keep and bear arms for self-defense as guaranteed by the Second Amendment to the United States Constitution and Article I, Sections 2 and 8 of the Florida Constitution. Florida Carry stands to represent our supporters, members, and millions of defensive arms owners of Florida. We are not beholden to any national organization’s agenda that may compromise that mission. Florida Carry works tirelessly toward striking down ill-conceived gun and weapons control laws that have been proven to provide safe havens to criminals and be deadly to law-abiding citizens.

For more information, please visit www.FloridaCarry.org.

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James Sewell

My ( our) right to bear arms is a Constitutional Right, under the Second Amendment to the Constitution of the
United States of America. The RIGHT OF THE PEOPLE to keep and bear arms, SHALL NOT BE INFRINGED.
Jim

Ray hudson

I love Florida and as far as the price of the license I just chalk it up as my donation.
My brother lives in Indiana and he is over 65 indiana gives out live time permit for senor’s.
I carry but I pray I will never have to drew it out to take a life or defend.
You can never have to much training there should be free ranges and should be a refresh course that you can go to stay on top of new information at a small fee.

Don LaRue

Strict Scrutiny can not encompass the requirement of needing a license to exercise a fundamental right. Licenses are issued under the governments taxing powers, it’s a tax upon a privilege. The right to open carry can’t be taxed/licensed if it is in fact a fundamental right. A state can issue a ” Certificate Of Competence ” and accomplish the same interests for the public safety, but without the legal nexus that is created through a license/contract. You don’t want this Florida and at least let your state Supreme Court hear the Norman case first. MURDOCK v. COMMONWEALTH OF PENNSYLVANIA, 319… Read more »

david

I agree, A license or permit is in effect “asking permission” of government, it is no longer a right.. As far as Article 6 is concerned, i never believed the states had any right to make restrictive statutes.. But, 1 million permits @ 117.00 = the heck with their rights…. Not to mention “we know who you are”… need to register one way the other! Great Post Sir..

Michael

Deena,

Darling, please tell your mother not to allow you to use the computer without supervision. Now take your medication and go to bed.

Marty

FMFAO

Kevin barnum

Deena your a moron, simoly put when you need the cops it takes them 15 mi utes or more to get to you whereas it only takes a split second to kill you and your family….the second amendment is put in place for american citizens to defend themselves not only against criminals and those who widh to do you or your family harm but also against the tyrannical government. I bet you voted for obama twice too didnt you

joel jowers

We all need to open carry the only one that are going to do harm to any one is going to hide there weapon so I think all the good citizens should carry a waepon at all time and Chrime will go down people we be safe to go out and at work

Deena

Unless you are a member of the police, FBI, CIA, military (ie; a well regulated militia) there is no need to carry a weapon, concealed or otherwise. Leave the carrying of weapons to those who have a purpose in carrying them. As for the rest of you, if you want the right to open carry….become a cop or join the Army and be a real soldier.

charlie

You are going home some night. You stop at a red light.
Suddenly you have 6 to 10 people trying to get into your
vehicle. What are you going to do? With your attitude you
will probably invite them in.

Wolf

You go ahead and believe that silly shit. Unless you have a cop in your pocket, you will be a victim. I choose not to be.

joe

You are one deluded cunt

George

you see this is how you lead … after so many mass shootings FL puts “THE PEOPLE” in charge … and doesn’t further infringe on our natural FUNDAMENTAL RIGHTS … while all these damn liberals just want to take the guns away well I say FUCK the liberals … and the socialists … and all the worthless piece of shit lower than the pond scum tyrants who CLAIM that they are American … because they CLEARLY aren’t … oh … and FUCK Barrack Obama

TEX

Texas OC goes into effect on 1-1-16 ! I sure hope the good people of Florida get it too. I was really shocked to see that SC don’t have OC !

Anthony James Ogburn sr

It’s my right

Jaxrolo

This would be awesome

Max

The Right To Bare Arms is our Constitutional Right .
As our Fathers before us , we are Americans Of The United States and earn the right to protect our families in any form we choose to do so …

Steve Lindgren

Definitely should legally have open carry in the state of Florida. There is much proof that open carry deters crime.