Florida Open Carry Bill – Plug Pulled, It’s Dead

© 2016 by Phillip Evans

Senator Miguel Diaz de la Portilla
Republican Senate Judiciary Chairman Miguel Diaz de la Portilla is a happy guy. He single-handedly, with the approval of Republican Senate President Andy Gardiner, killed SB 300…
AmmoLand Gun News
AmmoLand Gun News

United States -(AmmoLand.com)- Republican Senate Judiciary Chairman Miguel Diaz de la Portilla is a happy guy.

He single-handedly (with the approval of his boss, Republican Senate President Andy Gardiner) killed SB 300, letting it die in committee by refusing to allow it an up or down vote by committee members.

Open carry is not going to happen; it’s done…On all of these gun bills, I don’t believe any of them are necessary. They could result in unintended consequences. I think we need to prioritize in our committee, as far as what we hear. We can’t hear every bill that’s referred to us,” said Diaz de la Portilla.

There you have it. He purposely held the bills back not because he thought they didn’t have the votes to pass, but because he personally did not like them (Campus Carry, and Airport Carry in non-secure areas being the other two).

First Amendment Protests

Some (myself included) view the open carry of firearms as a legitimate statement of support for the Second Amendment, as well as a statement to criminals that they may wish to look for easier pickings.

What folks may not realize is that Florida law does not classify black powder revolvers made before 1899 (or their modern replicas) as being firearms, unless they are used in a crime. Since openly carrying a non-firearm object is not a crime in Florida, black power revolvers such as this 1858 Navy model are legal to carry in a holster in plain view:

1858 Army Revolver
1858 Army Revolver

It also is not a crime to carry any modern-design pistol in any fanny-pack, bag, or purse of any kind as long as it remains completely concealed. This is true even if that container is shaped like a pistol – hint, hint. The next best thing to open carry is concealed open carry, such as with holsters like one designed for the P38 pistol, which can be found on Amazon:

P38 holster
P38 holster

Just as the open carry of long guns as a means of protest helped to facilitate the passing of legal open carry for pistols in Texas, such First Amendment protests as suggested above could also help pave the way for legal open carry of pistols in Florida.

Tyranny is not on life support in the Florida General Assembly. It will remain healthy as long as RINOs such as Senators Diaz de la Portilla and Gardiner are able to ram their Democrat agenda down our throats by crushing liberty restoration bills under their boots.

Let the tyrants know that WE PROTEST!

About Phillip Evans:

The author is a self-defense rights advocate and member of the NRA, GeorgiaCarry.org, and FloridaCarry.org, and posts at PursuitOfPatriotism.Blogspot.com.

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Phillip Evans

Note: If you open carry an antique black powder revolver or a replica of one, they do not enjoy state preemption as they are not considered “firearms” under state law, except for in school zones and maybe certain government buildings, so be aware of any local ordinances regarding their carry.


looks like its time for the NRA to give this guy an F and make sure that he isnt reelected


Who does Republican Senate Judiciary Chairman Miguel Diaz de la Portilla think he is, Harry Reid????

Time to start the recall process if it is legal in FL.

old political hand

Senator Diaz de la Portilla (sounds like aristocratic elitist heritage in this illustrious name) needs to be primaried withinthe Republican party. Hear that gun guys and gun store operators ? Find a sharp young attorney among you to do it.


Send the pepper gut back to Coobah !

ron cassano

vote this miguel out of office,anyone know if he is a legal american citizen?we will be emailing and phone calling his office.amd stating we the people,who our the real government,and for whom you work demand you pass the open carry bill.god bless all legal american veterans/citizens go donald thrump we need a real legal american citizen in the wh


Is there a way at least if this guy stays in office, to have the GOP leadership take away his chairmanship or have the bills go through a different committee?


Virginia has had permitless open carry for many years and is non the worse for it. Kick the bastard out!!


this is the same sort of gov. that is rageing here in washington state…….we have to treat these people to free ride out of state with warning to not come back… or be tried for treason


Just how do you go about “RECALLING” a State Senator in Florida? This communist idiot does not speak for the people of Florida! We need to get rid of both of them now! Neither of them were “Elected” to make decisions for the people, but to serve at the pleasure of the people. Time to fire them both for dereliction of duty and treason.

Joseph Gomez

All these unintended consequences that Tortilla suggest are the same talking points the left used to fight conceal carry. That you’ll have shoot outs in the streets. That the crime rate l will go up dramatically. In every state that passed CCW the exact opposite has occurred. But never mind the facts or stats, the lefties will ignore those inconvenient facts and stats and move on to the next freedom revoking issue. Let your voice be hear loud and clear. Vote these communists out of office. Send Tortilla packing back to Cuba where he belongs.


Typical Politician, he knows nothing about what the MAJORITY of Floridians want. He should be voted out ASAP. He has no right to make a desicion by himself. Anybody who gave him that right should be voted out to. I can’t wait until PRESIDENT DONALD TRUMP takes over in January 2017 and says to Obama your Fired.
This Country need major changes and these stand alone politicians are the first to go. He is a republican and he is acting like Obama. He is a TERRIBLE SENATOR.


TEXAS Open Carry went into effect 1 Jan.’16 ! We are enjoying the hell out of it and have had no unintended consequences because of it !


Deport that useless Cuban pepper gut back to Coobah !


As a Floridian, I will do everything I can to get this POS voted out of office. He’s gone.

peewee henson


Lee Williams

Republican Senate Judiciary Chairman Miguel Diaz de la Portilla & Republican Senate President Andy Gardiner, killed SB 300 by their own beliefs and feelings… Not by being Socialists nor Capitalists with votes: but applying what the likes of Fidel Castro, Putin & Kim Jong-un are practicing in their respective countries…They too do what they feel & believe what their people need… Plain and simple!…

Jose Juan

Next time, use your vote wisely ! Kick him out of office ASAP

Herbert Kuerlemann

We now have one more King,let him run for President and we will have one more Obama on our hands.What a moron


Simple solution. Make sure Portilla and Gardiner are not seated in the Florida Senate when the opportunity presents itself. Folks really need to work on their long term memory. Don’t forget these clowns.


Now you know who NOT to vote for when re-election time comes around.


It’s time he finds a new job.


Ouch! Does this mean there will be an organised attempt to replace this elected official with someone more 2A friendly? Or will Floridians just shrug their shoulders and write mean things on the internet?


And there you have the all important question. How many people will be angry enough to mobilize others? Grassroots groups should be working hard in this guys district to oust him.

Bob in Florida

You have to be aware of the people he represents – they think much the same as he does! Miami/Dade County is populated by many Cubans, Puerto Ricans, other Caribbean natives, and then there are the multitude of transplants from the Northeastern U.S. bastions of anti-gun fervor (places like New York, New Jersey, Connecticut, etc.). We’d likely have more success changing the Florida Senate procedures to not permit one person to thwart the will of all the other representatives by refusing to ‘allow’ a vote on a bill ‘he’ doesn’t happen to agree with. This does not seem, to me,… Read more »

Hugh Bodey

You, Sir, make the most sense so far, at least! Work towards your common sense objectives, keeping them entirely legal. I can surely understand most of the comments above, and don’t blame any of you for being really p….. ; but just complaining and attempting to reach a goal by being sneaky yourself will not get you very far! Hang in there and hang that traitor out to dry – he doesn’t sound like a wise Republican to me – nor “wise anything else”, except in how to win HIS objectives and NOT THE WILL OF THE PEOPLE! This Republican… Read more »


I know lots of Cubans and almost every one has his/her CWP and carries daily. Many risked their lives to escape this kind of BS in Cuba, and too many have had family members killed or imprisoned with no ability to defend themselves and their family from communist tyranny; and no recourse afterwards. My Cuban friends have within living memory seen what life is like without a 2nd Amendment. Cubans support the 2nd amendment


This individual should be REMOVED FROM PUBLIC OFFICE. Let the peopke speak. Why does ONE PERSON have this kibd of power over our lives..


RINO’s like this created Mr. Trump by opposing the will of the people. Perhaps Miami Dade should leave the state of FL and the US due to the fact it has become a foreign “county” with a huge crime problem !?

The Dude

His little buddy wants to be your president. He is just like him.


This Democratic Scumbag in Republican clothing is nothing more than a Castro bastard child. Hey Commie boy just because you did the back stroke to get to this country doesn’t mean that you are a true American. You representing that third world country called Dade County is proof you will never be popular in the real USA. On the other had, I would love to hear on channel 7 news that your mom, wife and daughter bend over singing soprano by one of the MANY CRIMINALS of that third world country you call home then we will all see you… Read more »


why it is that somebody has so much power over the public.Are we in America or what .been here legally 30 years broud citizen.Dont know anymore voice up people!!!!!!!!!!!!!!!!!!!!!!…..


We need to make sure we keep people like this out of office. I can’t believe how screwed up this system is, that one person can have the power to kill the voices and rights of so many.


We the people want open carry . The Second Amendment is our rights . to have open carry


It is your rights to have open carry

Tom K

Email him …. tell him how you feel …. he is TRASH

James Singer

I feel the “need” to punch this m*********** in the face.

CJ Grisham

And the Republican party wonders why it’s dying… “Republican Senate Judiciary Chairman Miguel Diaz de la Portilla is a happy guy. He single-handedly (with the approval of his boss, Republican Senate President Andy Gardiner) killed SB 300, letting it die in committee by refusing to allow it an up or down vote by committee members.” So, here’s some advice to Floridians if you really want open carry. Use the current law to your advantage and MAKE THEM listen to you. It is illegal under Florida Statute 790.053 to open carry unless “A person [is] engaged in fishing, camping, or lawful… Read more »


“You can’t win if you don’t fight.” WELL SAID! NOW EVERYONE GO FISING AND OPEN CARRY.


He feels that the Second Amendment doesnt apply to people walking.

Jack S.

Time to flood his office with phone calls. Letters+emails are easily discarded, phone calls need to be answered.

Bill Strunk

Unbelievable, Disappointed


In accordance with the Founding Documents: Any form of Government, or person of, who refuses to comply with the Founding Document is “committing an Act of War” by ” Aiding and abetting the enemy” in the destruction if the Founding Documents. In accordance with the Founding Documents: It is our duty to abolish such acts when necessary. I truthfully believe he should be given a choice. Leave for your Tyranny or be abolished. No questions no excuses!

Dave Treck

The sad part is this Miguel De La Portilla’s family immigrated to the U.S. in search of freedom because they lost their country to tyranny UNARMED! Some people never learn!

Jay Jones

Once again this one person has killed a bill that had the votes to pass if heard. Just because he doesn’t “feel” its needed.
Who the heck is this person in Miami to tell us what he “feels” is more important then what the people want??
He needs to go you hear me people of Dade County? End this useless carrier politicians leeching on the people of Florida once and for the rest of us here in Florida.


We Marylanders have the same problem with the AG, ‘b.frosh’ and Ass istant AG, ‘t.vignarajah’ of Md. They both are DemocRATic gun hating people who FEEL they know best and love to trample the RIGHTS of Marylanders.

Gregory Romeu

He”s the person that you Floridians allowed to be in office because you don’t have the f*&king brains or the balls to pull him out of office for willful neglect of statutory duty as per his oath of office. Read your damn State Constitution and start applying your duties as a citizen and manage your elected and appointed officials. Don’t sit around like a moron with your thumb up your butt and we can both in my office yank them out of office now for violations of their oath and duty!


I filed an ethics complaint against him a couple of days ago, CALL HIS OFFICE AND LET HIM KNOW WE ARE NOT HAPPY!

(305) 643-7200