Florida Law Enforcement Mislead & Push the Limit of the Law to Stop Open Carry Rights Bill

Florida Law Enforcement Officers Mislead & Push the Limit of the Law to Stop Open Carry Rights Bill

Florida Open Carry
Florida Open Carry

Florida –-(Ammoland.com)- The main provision of Florida Senate Bill 234 would, for the first time since 1987, permit concealed weapon or firearm license holders to carry handguns openly.

On Tuesday, the Senate Judiciary Committee heard testimony regarding the bill.

Hillsborough County Sheriff’s Office Major Ken Davis told of a recent traffic stop of six Tampa Bay Outlaw motorcycle gang members. “Although the six Outlaws were certified gang members, and had histories of criminal arrests, most were also concealed carry permit [sic] holders”, he related.

According to Florida Statute, the Department of Agriculture and Consumer Services must suspend the licenses of those persons arrested or formally charged with a crime that would disqualify an individual for a license until final disposition of the case, and a licensee who is under an injunction that restrains them from committing acts of domestic violence or acts of repeat violence. Finally, the agency must revoke the license of a licensee who have been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding three years.

One must conclude that Major Davis was either embellishing the facts surrounding the criminal arrests of the certified gang members in order to sway the committee, or his department was derelict in not reporting the disqualifying arrests to the Department of Agriculture and Consumer Services for suspension of the licenses of those involved.

In fact, it appears that members of the Orange County Sheriff’s Office may have violated the law in order to influence the committee members.

During his testimony, Captain Mike Fewless stated, “I actually stopped by every one of you guys’s [sic] office this morning (and) dropped off seven photographs of some biker outlaw gang guys that have carrying concealed firearm permits [sic]. Those are the ones we’re worried about carrying.”

Florida Statute 790.0601 expressly forbids the release of personally identifying information of a person who has applied for or who has received a license to carry a concealed weapon or firearm. The specific circumstances in which that information may be released are with the express written consent of the licensee, by a court order upon showing a good cause, or upon request of a law enforcement agency in connection with performance of lawful duties.

There is no exemption for release of identifying information by anyone for the purposes of furthering a political agenda.

Outright misrepresentation of fact appears to be a tactic our sheriffs are willing to utilize to defeat SB 234. Volusia County Sheriff Ben Johnson testified that open carry would be evident in the stands at next year’s Daytona 500 auto race. Conveniently, Sheriff Johnson omitted the fact that carry at a professional athletic event is a violation of existing statute, and Daytona International Speedway is a privately owned facility and has the statutory right to have anyone trespassed from the property for any reason, including carry of open or concealed firearms.

Finally, and perhaps most importantly in these times of fiscal austerity, were any public funds utilized to oppose the expansion of Second Amendment rights on behalf of the Florida Sheriffs Association?

Although elected officials, like the sheriffs are exempt, statute forbids anyone else to be compensated for lobbying without being registered as a legislative branch lobbyist. This means that if any non-elected law enforcement officers were compensated for in any way, by any public or private entity, they very well may have been in violation of law. Were any publically owned vehicles used for travel? Did any of the officers use per diem allowance or stay overnight on the taxpayer dime? And how many were on the clock? But even if on their own dime, was it ethical to then wear their uniforms and, ironically, their firearms to the committee meeting?

It is apparent that member agencies of the Florida Sheriffs Association may be willing to embellish circumstances, bend the law, and intentionally misrepresent facts in order to influence the committee and the legislature at large in order to maintain their virtual monopoly on open carry. Ironic since in 1987, when shall-issue concealed carry was being debated, the same association stated they preferred open carry over concealed carry so their deputies would not have to guess at who was armed.

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About:
Florida Open-Carry.org is a grass roots organization of Florida residents who endeavor to raise awareness in the community of our second amendment rights. Our primary goal is to help educate others about their right to legally open carry and advocate for repeal of the general ban on open carry in Florida. Florida is one of only seven states where open carry is generally illegal. Visit: www.open-carry.com

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    markRobert BlankJFHull3GatorMrs_Whats_Up Recent comment authors
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    mark

    Just imagine how many laws and or rules I would have broken if I'd have pulled and blasted ol' momma moccasin into the middle of next year? In my last above statement. It could boggle the mind!

    mark
    Guest
    mark

    Going to or from fishing/hunting carrying openly was expected and condoned in Florida with common sense suggested. That at least hasn't changed has it? Now with all the private yaghts in recent years tied up in south america with owners missing I think carrying openly on Floridas waterways with or without a fishing pole is responsible. on october 4 2010 I had to capture a 4.5 foot momma moccasin at gate of my daughters hwy 27 hugging highschool with a designated bald eagles nest 50 yards away across street at 10 am with a hoop net I keep. I am… Read more »

    Robert Blank
    Guest
    Robert Blank

    Everybody, CC permit holders and Sheriffs alike are missing the whole point of this bill. It is designed to protect permit holders from committing a crime if their concealed weapon becomes exposed. It is not to promote open carry.

    JFHull3
    Guest
    JFHull3

    WaltKurz, what you're arguing against is not what is being proposed here in Florida. Sheriff Coats, speaking as the representative o the Florida Sheriffs' Association, has said that any ccw licensee who allows her (or his) weapon to become visible, even for a moment, will be arrested for illegal open-carry of a weapon (which is presently a felony in Florida). Conviction of an open-carry violation will, therefore, result in cancellation of the ccw permit and the now convicted felon will not be allowed to get another. The bill that Coats is lobbying against will not allow unlicensed open carry; it… Read more »

    JFHull3
    Guest
    JFHull3

    I was struck, in a very negative way, by Sheriff Coats' blatant threat that he would have his subordinates deliberately threaten and possibly shoot citizens without any evidence nor even reasonable suspicion of criminal activity. Surely such a threat is a crime. And, not living in Pinellas County, I can't even vote the creep out of office, although I do have to travel and do business there.

    Gator
    Guest
    Gator

    Wake up America, what happen to the friendly local sheriffs department,that they were the first and best agency to call if need. Change has taken place without you even reconizing it.

    Think about the brown shirts of hitler, then the black leathers and the gustappo, how did it happen Germany?

    Mrs_Whats_Up
    Guest
    Mrs_Whats_Up

    Pinellas County NEEDS a NEW Sheriff, Folks. Please, someone step up to the plate. Coats is corrupt, criminal, inept, arrogant, an elitist …and I can guarantee the 'lower crime stats' are false …Chicago style (5 murders at one scene is reported as 1). Gosh, where do I start? Let us start with him being an arrogant "double dipper". http://origin.tampabays10.com/news/local/story.as… …is now making a HUGE 6 figure income on the backs of taxpayers. Moving along … http://www.tampabay.com/news/politics/legislature… …NO Love Fest with the Legislatures on this arrogant elitist Sheriff. And finally the video of this Schmuck …At about the 1:36 mark it… Read more »

    CAPT. P. ERIC AUGUST
    Guest
    CAPT. P. ERIC AUGUST

    HALF MY LIFE IN ARIZONA, CAME TO FL FOR NAVAL AVIATION FLIGHT TRAINING AND CAME BACK TO FL.. ARIZONA HAS ALWAYS HAD OPEN CARRY AND HAD NO PROBLEMS, WITH EXCEPTION TO THE NUT CASES IN EVERY STATE. MARICOPA COUNTY SHERIFF JOE ARPIAO IS ONE OF THE MOST FAMOUS IN THE COUNTRY AND HE OPENLY SUPPORTS OPEN CARRY AND HE EVEN HAS THE BIGGEST SHERIFFS VOULENTEER POSSEE IN THE NATION, HE KNOWS OPEN CARRY IS NOT THE PROBLEM, THE PROBLEM IS CRIMINALS WITH GUNS. SHERIFF JOE KNOWS THAT EVERY SINGLE PERSON WHO HAS A CCW PERMIT HAS GONE THROUGH A TOP… Read more »

    wnettles
    Guest
    wnettles

    I will certainly have to keep the Florida Sherriff's Association spokesman's statements in mind when I check my mail or answer the phone. I have a very powerful document shredder for the mail. The phone call will not last very long. Hopefully they will get tired of asking me for a donation and take me off the list. I suspect after the phone call, they will. When the fecal matter hits the fan, and you really will only have the option of open carry to stay alive, the outcome of the workings of our Legislature will be of little consequence.… Read more »

    Rick
    Guest

    Well, Florida Sheriff's Association, you have gone & done it now! Please don't send me anymore requests for $$$ for your "used to be" fine organization, helping the kids of Florida out in Boy's Ranch, Girl's Villas, etc., because it was shown where alot of that hard earned cash went to, You all up in Tallahassee, like you are Lobbyists, which you are not suppose to be representing the fine outstanding Law Enforcements, in your "decked out" uniforms & your stars & ribbons, predominantly displayed for the world to see! No, we have enough Lobbyists up there as it is,… Read more »

    peggy
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    peggy

    these r typical florida fbi's (fla born idiots). they r probably getting training from hillary. the police r the people who best know that armed citizens do not give them trouble. it is the ARMED criminals who are problematic. since when do OUTLAW BIKERS concern themselves with permits of any kind? whoever made this statement is absolutely dramatizing the whole issue in order to carry thru their liberal agenda. we know how UNION members feel about conservatives.

    lental
    Guest
    lental

    I grew up in a small town before gun paranoia was cool. We road to school with our .22 rifles strapped to our bicycles so we could go hunting or plinking after school. No one worried about the guns being stolen or a 10-year-old shooting a friend. Often adults carried openly because they were either enroute to the woods or returning. No one thought anything about it. Deputy sheriffs then dressed in civilian clothes, usually a business suit but they took their coats off when they went to a restaurant and their weapons were clearly visible in a shoulder holster… Read more »

    NotSurprised
    Guest
    NotSurprised

    Not surprised at all. I've always felt that the average law abiding citizen is far more honorable than the average Florida policeman. As a resident of Florida, I have no confidence in our local sheriff's office ability to accurately tell the truth. So it comes to no surprise that we seem to have false testimony and possible election law violations. My guess is that there will be no investigation. What the law enforcement community wants is a police state where we have rely on them for safety when, in fact, they are almost never around when a crime is actually… Read more »

    Brian Terry
    Guest
    Brian Terry

    46 states allow open carry. Of those, 34 states allow open carry without a permit or license while 12 states require a permit to carry openly. Only four states, including Florida, prohibit open carry.

    Floridians are tired of that and finally folks are fixing it.

    There is no language in any of SB234 that would stop Florida's licensing process along with background checks. Law abiding citizens are the benefactors of the results of the bill, not criminals.

    Keithmj
    Guest
    Keithmj

    You mean there are dirty cops? Naw that would never happen, this is 2011. Cops help little old ladies across the street all the time. They would never be dirty. Powered sugar on their shirts but never dirty.

    Richard Baldwin
    Guest
    Richard Baldwin

    now just think about these open carry sheriffs who want to disarm you

    there is nothing more out of control than a dirty cop , who is watching them but more dirty cops , watch your back at all times

    Richard Baldwin
    Guest
    Richard Baldwin

    Doug : what about arrowrod setting in the booth across from your family {WITH CONCEALED CARRY } and a grin ? At least I know the guy with the exposed gun has one and you don't know this nut has one , a guy with the an exposed gun would make me think twice about doing anything in his presents .

    Richard Baldwin
    Guest
    Richard Baldwin

    Arrowrod : narrow mindedness is a problem , stupid statements is another , did this guy bother anyone in the joint? NO , I'm uncomfortable with people like you carrying because of the stupid statement you made , The guy with the open carry would be the first to get a bullet in the back of the head , { HOW DAM STUPID CAN YOU GET } , if trouble broke out , he would probably be the one carrying your weight while you crawel under your table , wise up stupid ,we must stand together or go down alone

    Doug
    Guest
    Doug

    Well, arrowrod,

    It works both ways…

    At least I know he's armed, and if he has ill intent, why would he carry openly?

    "So picture the worst of the worst sitting in the booth across the way from you and your family at a restaurant wearing a .357 and a grin. And tell me open carry is a good idea."

    Keithmj
    Guest
    Keithmj

    From what I understand the only ones who will be allowed to open carry will be the ones that all ready have passed a background check and has a concealed carry permit and that the permit might have to be showing to open carry. Just any Tom, Dick or Harry won't be allowed to open carry. Time will tell. And we don't really need to worry as it is not a done deal yet. And to each his own.

    Keithmj
    Guest
    Keithmj

    This is one reason why i stopped supporting the Florida Sheriffs Association. I was always giving until 2005. That was the year that I really found out what the Sheriff dept is really like. Long story. I have respect for all police but not when they stop us or try to stop us from our legal rights..Hopefull this will pass and they can be shown that they had nothing to worry about..Peace

    WaltKurtz
    Guest
    WaltKurtz

    Open Carry is a bad idea, not a bad RIGHT. I am a FLorida native and have been a ccw holder for many (since before it was cool) years. I just got back from North Carolina, where it is apparently OK to wear your side arm to breakfast. I carry concealed a .45 in a Galco Miami Classic with two mags in the other side for ballance. Over gunned, over ammoed, oh yeah. But no one knows I am carrying. My friend and I are eating breakfast at a greasy spoon in the mountains on 441, and in walks this… Read more »

    arrowrod
    Guest
    arrowrod

    Let's all calm down. The sheriffs are political. They are elected. They think that the are exempt from telling the truth, because all politicians fabricate.

    For most of us, open carry means that an inadvertent exposure of our concealed firearm won't result in our arrest.

    Keithmj
    Guest
    Keithmj

    I think that with the comments made by the Sheriffs in these counties, and I am in Pinellas, that the ones who have a permit and if this does pass that all should open carry on the day that it does pass. They are doing that because they don't want us to have guns in Florida at all. I know some CCW permit holder will say that we shouldn't open carry, I say if you don't want to open carry don't but don't tell others that they shouldn't or make fun of them for doing it. That is like saying.."You… Read more »

    carl
    Guest
    carl

    I hope they that is thwe sheriff officers of florida dont come for a visit to Oregon. I would hate to have some of that stupidness rub off on our fine Sheriff officers here. On second thought mabe if they did come for a visit we could explain how really stupid they are. I think here in Oregon you might just go to jail for making a statement like that jerk made.I know he would be looking for work if he were to do it here.

    madderhatter
    Guest
    madderhatter

    Sounds like these "fine, upstanding cops" are riding a little too high on their LE Horses. Do they really think that convicted felons whom aren't supposed to have a weapon at all will open carry for the world to see ? And wouldn't them "drawing down" on everyone be in some violation of innocent until proven guilty ? Yeah, they're WAY too full of themselves.

    ccw patriot
    Guest
    ccw patriot

    It's very disappointing to learn of these actions. These sheriffs are not only of very poor character, they're also idiots. We all need to keep track of their statements in the event that there ever is an incident… Let's also remember the next election cycle.

    Larry Martin
    Guest
    Larry Martin

    sherriffs should be arrested

    akkdm
    Guest
    akkdm

    Are the Sherrifs making threats? Most people will not open carry. Sounds like some remedial training might be in order about the 2nd amendment and CCW laws.

    factchecker
    Guest
    factchecker

    Exactly why accurate information and facts need to be introduced, education is key after all isn't it better than a child or teenager knows how to safely use a gun or at least handle one then not know at all which is what the brady and others would prefer, you never know you could be in the woods and a bear comes along and not knowing how to fire, load, and ammunition.