Senator Portilla, R-Miami, Holds the Key to Florida Open Carry

By Dean Weingarten

Senator Miguel Diaz de la Portilla
Senator Miguel Diaz de la Portilla
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- The Florida open carry bill has moved out of Committee in the Florida House.  It will likely be voted on by the full House in the next few weeks.  From cbslocal.com:

TALLAHASSEE (CBSMiami) – A bill that would allow Florida gun owners to openly carry their weapons is headed to a full vote.

The bill cleared a committee vote 12 to 4 on Thursday.

The next step will be a full vote by the Florida House in the next few weeks.

The difficulty lies in the Senate, where Senator Portilla is Chair of the Judiciary Committee holding he bill.

From tcpalm.com:

Diaz de la Portilla, R-Miami, said he would consider the failure of the House amendment and may decide to block Gaetz’s bill.

Portilla says that he is concerned about the effect of open carry on the tourist trade:

Diaz de la Portilla said he was concerned the proposed law would create a bad impression on tourists who would see Floridians walking around with handguns.

This is the best chance in years to pass licensed open carry in Florida.  Florida is one of only five states where the open carry of handguns is generally banned.  The ban is the creation of Janet Reno, the former Clinton Attorney General, of the Waco massacre fame.  In 1987, when Florida passed its highly successful shall issue concealed carry license law, open carry was legal, except for a few urban areas.  With the concealed carry reform, the legislature passed state preemption to make gun laws uniform throughout the state.

Janet Reno created a government led coalition to lobby for an open carry ban.  She was able to have the ban passed in a special session without going through the usual committee or public vetting processes.  It has been in place ever since, though there have been several attempts at reform.

The open carry reform is popular with Republicans.  The Florida Police Chiefs Association has come out in favor of the law, with some qualifiers:

  • Those who display a firearm “intentionally … in an angry or threatening manner, not in necessary self defense” are not protected by the open-carry law in question.
  • Currently, the proposed law lets people or police officers who impose on someone’s right to bear a handgun openly to be fined, unless probable cause for the interference exists; the amendment makes it easier for officers, requiring only “reasonable suspicion” before stopping people to investigate.
  • The bill could currently inhibit police officers from conducting investigations against open carriers, and the third amendment specifies that nothing in the bill would be intended to restrict a law enforcement officer’s ability or authority to conduct legal investigations.
  • The firearm must be carried in a holster.

The Florida Sheriffs Association has voted against the bill, with a minority in favor of it.

Senator Diaz de la Portilla, R-Miami, Chair of the Judiciary Committee, seems to be the obstacle to the bills passage at this time.  The major objection to the bill appears to be aesthetics.

People who do not want citizens to have guns, do not wish to see them, even though the concealed carry law has been an unqualified success, and the same people would be carrying openly as are now legally carrying concealed.

The concealed carry permit holders have been an extremely law abiding group, about six times more law abiding than police officers.  From yourobserver.com:

Consider, too, these facts, courtesy of Rep. Steube: “After 28 years of data in Florida, licensed conceal-permit holders are six times less likely to commit a crime than law enforcement officers. Specifically, permit holders only commit misdemeanors and felonies at a rate of .0002% annually.”

This bill is likely to be in play for the next few weeks at least.
c2016 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Bill S.

Just like the mayor in the movie ,JAW’S, don’t let the tourists know that there’s a killer shark in the water !!
Senator Diaz de la Portillo republican Miami can be voted out just like he was voted in .

Ralph LV

Does anyone have the senator’s email address and perhaps a suggested message that his email box should be inundated with ? Ala Fl Carry messages that were suggested to send to the House of Representatives last week ..

DL Lambert

I’ve watched a few FL gun-open carry videos recently and posted a few remarks. I fully support the new SB300 & HB-163. As a long time FL resident(15.5 years) & a US military veteran, I think open carry is a + thing. Florida has 1000s of armed citizens & license holders(W-CCW). The FL Sheriff’s Assoc dislikes these new bills and the FAQ section of the website has many flaws/errors in it. Armed citizens & license holders have a right to protect themselves and their family from violent thugs or domestic terror attacks. The FL police chiefs group supports SB300 &… Read more »

Big Dave

To “Robert” the retired LEO. Son, think about what you just said! In this country you CAN’T just pull someone over and ask for their drivers license to see if they are driving with a valid license. You have to have probable cause (moving or non moving infraction) to pull any motorist over. This is not Nazi Germany or Communist USSR where anyone can be stopped at random for no reason and asked for their “papers”. We will not get into random traffic stops for DUI, citizen checks 50 miles from any border, both of which are unconstitutional. The same… Read more »

TrumpforPres

100 % agree and will add that if anyone thinks that a law enforcement office will casually ask a person who is open carrying to see their permit you are mistaken. As expressed by the Sherriff in the Tampa area, you will be forced at gun point to disarm and lay face down on the concrete until the deputy can determine you are authorized to carry or posses a firearm. It is therefore evident, that some in law enforcement are mentally twerking over their perceived danger from law abiding citizens who are execizing thier rights and who will use that… Read more »

Mr.Right

From FSS 790.06(1)… The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer…

Only licensed individuals will be legal to open carry. Reasonable suspicion means if you’re open carrying, a law enforcement officer can ask to see your permit and proper identification.

Ron vinci

HOW MANY PEOPLE DO YOU REALLY THINK WILL WALK AROUND WITH A GUN ON. MY GUESS IS A FEW,THE HARDCORE GROUP. YOU CAN TELL WHO THEY ARE.

THE FAD WILL WEAR THIN AFTER A FEW MONTHS….MOST PEOPLE WILL STILL CONCEAL…….A LOT MORE LAW ENFORCEMENT WILL HELP CURB THE GUN VIOLENCE.

Phillip Evans

Portilla may be able to kill SB 300, but it’s possible HB 163 can still get to the full Senate for a vote. One or the other if passed would make open carry of handguns legal again in Florida.

Here’s to being confident there are enough lovers of liberty in the Florida General Assembly to make it happen this year!

https://PursuitOfPatriotism.Blogspot.com

Adrian Lopez

Here’s the thing you have millions of people carrying concealed right now in Florida. how many shooting sprees have you seen is it a Wild West movie in the streets? Now let’s say your in a gas station waiting in line to pay for gas or food etc someone walks into that store which has happened countless times looking to rob hard working Americans.when that person comes in and sees 2 of the 3 people have a holstered weapon what is the likelihood of that person second guessing if he should try to take 50 bucks and some lottery tickets.my… Read more »

Idadho

But, Senator Portilla is for open carry. As long as you are only open carrying water for Bloomberg.
As a tourist, I’d prefer to know that the bad guys may think twice when they see someone open carrying a handgun.

MACinfFL

I was a PA resident. In PA there is open carry in the counties without even having to have any permit to carry at all. There have been zero problems. I think there should be an option to carry open or concealed. I think open carry should not require a CCW and should be an exception to CCW carry.

The Dude

His little buddy wants to be your president.

Derek

That sounds about right

Doc

If Portilla blocks this important bill, he can kiss his political career goodbye. I will make it my life’s work to rally gunowners in the State of Florida against any attempt to run a successful campaign for office. I hope he has another vocation.

TEX

In Texas we started carrying open on Jan.1’st 2016 ! It is awesome ! If this so called republican screws over the good people of Florida by blocking open carry he needs to be run out of Florida on a rail !

oldshooter

Here in TX, we recently allowed OC (only for CHL licensees), and the bill couldn’t pass without the addition of a clause allowing LEOs to stop and ask anyone carrying openly to see their license. The law specifies that no further reason is needed. So how did that work out? So far, the various PDs and Sheriff’s offices have generally told their officers NOT to stop folks just to ask, and 911 operators have been trained to ask for information regarding what the “Man With a Gun” is actually doing, and how he is acting, whenever they get a MWAG… Read more »

Joel Williams

Worried about tourists? Most already carry concealed with the much coveted Florida Concealed Carry Permit, which with a Utah permit, has defenders covered in 40(+) states. People are not as worried about guns as Bloomberg’s money makes it appear. Dare to think for yourselves.

ANDREW

We need to make sure this scumbag does NOT get re elected.

durabo

He’s a bloody RINO, a Socialist-Demoncrap in sheep’s clothing. You Floridians should purge him – NOW!

3rdAFCrewChief

And he’s a Republican?

Rafael

AS a permit holder I support open carry I have Emailed Mr. Diaz urging him to not block this bill, since I am a 55 year resident of south florida

Rubin

Tim, Saying he is of Spanish decent is going out on a limb considering the Spanish play a large roll in American history. More than any other ethnic group. I know many Americans that don’t know the history of there own country. Ignorance is not prejudice. As far as open carry, I’d rather have the upper hand and not show mine but that is my choice. I don’t mind the open carry law but I will chose to conceal. Either way De La Portilla should be made aware that his constituents won’t put up with the usual political flip flop… Read more »

Jim Landerkin

The problem with Robert’s comment regarding it being like getting pulled over and being asked to see one’s driver’s license is that an officer cannot stop a driver JUST to see if they have a valid license. They must have PC or RAS that the driver has broken a law. Simply openly carrying a firearm, if the legislation passes, will not create PC OR RAS that the carrier does not have a CCW permit.

James

I am a CCW and thanks to these law we will lose the right to carry are firearms when going for lunch or shopping, business will start posting no firearms allow and they could do that. If the criminals want to get a firearm all they got to do is mug you from behind, if the Convenience Store is getting robbed you will be the first on to get shot. Florida is a state that depends heavy on tourist. If there a active shooter your standing there with a firearm with police responding, how are they supposed to now who… Read more »

Eddie B

this piece of garbage should not be in office. i bet hes fine with his open carry security force. Small minded moron is all i can say

Ken C

Robert you are absolutely Right. I am also a retired Leo and I am most concerned with the language in the original bill that punished police officers for asking people if they actually have a CCW Permit.

Vicente Taboada

Diaz De la Portilla, is wrong, why we in Florida have to governed by the tourist, if that happen only in seasons, and we are here year around, I support open carry 100% I also never going to vote for those who are against the law. Open carry will help eliminate crimeI am a law abiding citicen, I have a conceled carry.

Tim

He is of the Spanish decent and lacks the knowledge
of the American history Civil War and our militia’s and National Guard. He needs to be replaced with a true American!

madjr

People like you are part of problem.what an ignorant Statement

Martin

They are going to have to pass the bill in order to get in front of this because there is a good chance that the courts will strike down the ban, and in that case there will be no restrictions on open carry, whereas with the bill before the legislature open carry would be restricted to CCH licensees.

Jeff stout

I think open carry is just what the sunshine state needs. It’s not about politics as it is about protecting yourself and being safe in a public setting. I just know that I want somebody to think twice about approaching me,with the intent of doing any kind of harm to me. Open carry will be that deterrent.

Robert

As a retired law enforcement, I really don’t have a problem with the law. I think you are putting an undue hardship on law enforcement and their employers by placing fines against them. It should be no different than getting pulled over and asked for your drivers license. Once again you must remember that it’s the criminal element that will take advantage of a piece of legislation that changes the rules, because they will carry either way. And the police officer wouldn’t be able to stop just to see if they have a Concealed Firearms License Police Officers should be… Read more »

CJ

Robert, I am not a LEO but most of my friends are and I completely respect the profession. I am also a CCW holder, carry regularly and my fear is getting stopped or someone seeing my firearm peaking out from my shirt…I believe that is what most CCW holders fear for and end up receiving a fine due to it, I would rather carry concealed and if it happens to peak or print I wouldn’t get fined for it. Secondly, like you, I do believe that Law Enforcement SHOULD be able to come up to you if your carrying openly… Read more »

Joe Alvarez

Portilla better start looking for a new career if he blocks this !!!

Matthew

Go to the state website and file an ethics complaint against Portilla

Javier

As a life long Floridian, I can say that, I will do everything I can to block the reelection of Diaz De La Portilla if he decides to block open carry in Florida. Florida has A LOT of permit holders and I’m sure they will not soon forget being betrayed by this so called Republican.