Florida Carry Action Alert: Open Carry Bill in Committee Tomorrow

URGENT: HB-163 Open Carry by Rep. Matt Gaetz is on the agenda for the House Judiciary Committee Tomorrow (Thursday, January 28th, 2016) at 9:00am.

Florida's Current Open Carry Ban
Florida’s Current Open Carry Ban
Florida Carry
Florida Carry, Inc.

Tallahassee, FL -(AmmoLand.com)- HB-163 will allow persons with a Concealed Weapons & Firearms License the right to choose to carry firearms openly or concealed.

It will prevent CW license holders from being charged with the crime of violating the Open Carry ban.

In 30 states any legal gun owner can carry a handgun openly without any license or permit:

[1]. Only 15 states require a license to carry openly

[2]. HB163, in its current form, would still make Florida one of the few states that requires a license prior to the exercise of the fundamental right to bear arms.

Florida’s Current Open Carry Ban

In Florida, and only four other states, the unconcealed or “open” carry of a firearm is generally a criminal act. This crime is punishable by up to 60 days in jail and a $500 fine.[3] There are some very specific exceptions to an open carry charge. These exceptions are all affirmative defenses[4], which means that you must admit to violating the law but claim that you were justified in doing so. For example, to avoid criminal penalties you bear the burden of proving in court[5] that you were entitled to carry openly because you were legally hunting, camping, fishing, or shooting or that you were at your own home or place of work.

A new proposal being advanced by the Florida Sheriff’s Association attempts to keep Florida’s Open Carry firearms policies in line with those of New York, Illinois, South Carolina, and California. While offering Florida’s gun owners no additional rights or protection. The FSA’s proposed amendment is intended to gut the open carry bill.

We need you to contact committee members immediately and urge them to pass this bill:

  • charles.mcburney@myfloridahouse.gov,
  • Colleen.Burton@myfloridahouse.gov,
  • Dwight.Dudley@myfloridahouse.gov,
  • Katie.Edwards@myfloridahouse.gov,
  • Jay.Fant@myfloridahouse.gov,
  • Julio.Gonzalez@myfloridahouse.gov,
  • gayle.harrell@myfloridahouse.gov,
  • matt.hudson@myfloridahouse.gov,
  • Dave.Kerner@myfloridahouse.gov,
  • larry.metz@myfloridahouse.gov,
  • Jared.Moskowitz@myfloridahouse.gov,
  • kathleen.passidomo@myfloridahouse.gov,
  • Scott.Plakon@myfloridahouse.gov,
  • michelle.rehwinkel@myfloridahouse.gov,
  • Jose.Rodriguez@myfloridahouse.gov,
  • Charlie.Stone@myfloridahouse.gov,
  • carlos.trujillo@myfloridahouse.gov,
  • john.wood@myfloridahouse.gov,

In the subject line put: SUPPORT HB-163 – Support the Right to Bear Arms

The Open Carry Bill

Currently, Florida law generally prohibits the open carrying of firearms and certain weapons. Under s. 790.053, F.S., it is a second degree misdemeanor for a person to openly carry on or about his or her person any firearm or electric weapon or device. The bill amends this provision to authorize concealed carry licensees to openly carry firearms.

Section 790.02, F.S., currently authorizes an officer to make a warrantless arrest for the carrying of a concealed weapon in violation of s. 790.01, F.S., when the officer has reasonable grounds or probable cause to believe such offense has been committed. The bill amends this provision to clarify that it only applies to the unlicensed carrying of a concealed weapon and to delete authorization for such warrantless arrests based merely on reasonable suspicion.

The bill creates s. 776.00111, F.S., and amends s. 790.25(4), F.S., to require the judiciary to employ strict scrutiny in reviewing any statute that implicates the right to bear arms or defend one’s self. The bill also specifies that the right to bear arms or 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.

The bill also creates s. 790.0015, F.S., to specify that it is a violation subject to liability for any person or entity to infringe on certain rights to bear arms or defend one’s self. With respect to this liability, the bill states, “Notwithstanding any other provision of law, no immunity applies to such a public entity or person acting on behalf of such public entity, infringing on such rights in violation of this section.” The section also provides that the rights of an owner or lessee of real property or a private employer are not diminished and they may prohibit the possession of a firearm on their property.

The bill creates s. 790.0016, F.S., to provide that no employee will have a cause of action against an employer, including termination of employment, resulting from failure of the employee to comply with the employer’s orders regarding the carrying or not carrying of a weapon during working hours.

Finally, the bill amends s. 790.25(1), F.S., to specify that the Legislature finds that the possession and carrying of weapons and firearms by law-abiding individuals for lawful purposes, including self-defense, enhances public safety.

[1] AK, AL, AR, AZ, CO, DE, ID, KS, KY, LA, ME, MI, MO, MS, MT, NC, NE, NH, NM, NV, OH, OR, PA, SD, VA, VT, WA, WI, WV, WY
[2] CT, GA, HI, IA, IN, MA, MD, MN, ND, NJ, OK, RI, TN, TX, UT
[3] 790.053 Fla. Stat.
[4] Norman v. State, 159 So. 3d 205 (Fla. 4th DCA. 2015)
[5] United States v. Spann, 2015 U.S. Dist. LEXIS 57386, 11-12 (S.D. Fla. Apr. 21, 2015)
[6] https://www.youtube.com/watch?v=pns3_Peke30:

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.

  • 11 thoughts on “Florida Carry Action Alert: Open Carry Bill in Committee Tomorrow

    1. Here in Missouri you can open carry anywhere but the traditional places that is limited with a CCW. I have seen men at the gas station, inside the gas station and generally most public places since I was a kid waaay back in the day open carrying. And it is not like the wild west around here. Open carry keeps most bad guys honest. After the Ferganistan fiasco the CCW applications and hand gun sales have been precedent setting as well. It is really cool lately seeing these thugs on the news get killed when they try to rob a good guy. In the past you would occasionally here about the good guy killing the bad guy but now, it is being more consistent.

    2. My family is totally against open carry. I will be fighting this issue at my church (god’s church). I will not do any business w a company that allows open carry. I will sue any person who ‘accidently’ shoots one of my family. U no there r 2 sides to this problem.

    3. This deputy has a lot to learn on reading people and knowing how to know when he is in danger. Good grief. His actions and words were NOT professional, but erratic and overly emotional.

    4. Now why would anybody shoot your kids I’m Christian myself but it sounds to me like you are way paranoid and have some serious gun safety issues and are likely terrified of guns to begin with and would never even touch one but believe me when I say this when and if some sadistic little rapist comes in your house if you are unable to defend yourself for your children I would never want to be in that position. Furthermore I’m quite certain that anybody that is an American would not want to do business with you in the first hand so that’s a moot point
      http://www.keatingscommunications.com
      .We support Constitutional Rights

    5. While this video does not make it clear whether the driver was told to exit his vehicle, if he were not told to fo so, that was the only mistake the driver made. If he were not told to exit, the deputy should have told him to remain in the vehicle as soon as it was obvious, by his opening the door, that he was going to exit. Everything else in the video plainly shows inappropriate action and language made by the deputy. His language was very disrespectful to the driver and to his female passenger. The driver made no movements or comments thal gave the deputy cause to think that he presented a threat. The deputy gave the impression that he thinks only law enforcement officers should be allowed to carry a gun. I certainly wouldn’t call the accidental exposure of this citizen’s weapon a violation of the handgun carry laws of his state.

      This great country of ours must have laws and we must have law enforcement officers, but I seriously doubt that this deputy was trained at the academy to perform the way he did at this traffic stop. His actions enforce the need for laws that allow open carry in all fifty states. We all have the right and the responsibility to protect ourselves and our loved ones. Permission to carry a gun doesn’t give you permission to shoot everyone who doesn’t do to suit you. This holds true for everyone, not just law enforcement officers.

    6. Quite obvious this cop overacted and his own statements on the videotape will be his downfall in court. the guy wasn’t told to get back in his vehicle upon exiting, which isn’t a law, its a dominant posture used by police. an officer cannot command you to get back in your vehicle. he asked the guy for his license, the guy didn’t just “whip out his wallet”. he was directed to retrieve his registration, which caused the gun to come into view. He should have only been arrested if statute requires him to inform official upon interaction that he is in possession and has a CCL and the law provides for arrest if he fails to. Otherwise he has a good case for false arrest, etc.

    7. Jim, do you live in an open carry state? Freedoms and individual personal views, including religious views, were major considerations and the very basis of the fundamentals of the ideals in the formation of this country, as is the right to keep and bear arms. As we are all entitled to our own views, you should, if you live in a state that allows open carry which you seem to be, instead of fighting this issue at your church which has no legislative power whatsoever and most likely has a good mix of pro/anti-gun parishioners who value our Judeo-Christian founding principles, either move to a state that fits you ideals or contact your state representatives and let them know how you feel and the change you want and tell them you will name them in your lawsuit if some individual that open carries a weapon, which for the most part is usually in a more secure holster vs. a concealed carry holster somehow “accidentally” shoots you or yours

    8. I am a Firearms instructor in Florida and I oppose the open carry bill unless the bill states that they have a level 2 or 3 retention holster if you don’t a person could walk up behind you hit you in the back, head or legs and remove your firearm. I know that people wont agree with me on this but take the flash mobs and how many can you fight off!!!! before the over power you???

    9. Lew, I somewhat agree with your point, but if someone has those kind of intentions they are just as likely to be armed with a knife and gladly stick it in your back or disable you in another fashion such as you suggest, making the extraction from any retention level holster as easy as if it was tucked in your belt.

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