Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

**Report on Round 19 ** Restore Rights to Concealed Weapons License Holders in Florida

Wednesday, April 13, 2011

Includes Concealed Weapons License Open-Carry, Campus-Carry, Guns-In-Vehicles and Purchase of Long Guns in other states

 

DATE:      April 13, 2011
TO:          USF & NRA Members and Friends
FROM:     Marion P. Hammer
                USF Executive Director 
                NRA Past President

Senate Bill 234, introduced by Senator Greg Evers (R-2), was heard in the Senate Judiciary Committee on yesterday and the 4 to 3 vote to PASS the bill did not come until almost 6:00 p.m.  It was a heavy agenda with 31 bills to be heard, but Committee Chairman Anitere Flores made sure the bill was heard and voted on before time expired on the meeting.  We owe her a special thanks.  flores.anitere.web@flsenate.gov,

State Senator Ellyn Bodganoff (R-25) filed an unfriendly amendment to the bill that would have gutted the provisions relating to open carry  protection.  Her amendment actually would have made it easier for law enforcement to arrest citizens with concealed weapons licenses who are legally carrying and whose firearms become accidentally or unintentionally exposed.  Every time a license holder leaves home he or she runs the risk of being arrested and charged with violating the “open carry” or “improper exhibition” law, if the firearm becomes exposed.

Senator Bogdanoff ultimately withdrew her amendment and then voted AGAINST the bill.

REPUBLICANS VOTING FOR THE BILL: 

flores.anitere.web@flsenate.gov,
richter.garrett.web@flsenate.gov,
simmons.david.web@flsenate.gov,
thrasher.john.web@flsenate.gov

REPUBLICANS VOTING AGAINST THE BILL: 

bogdanoff.ellyn.web@flsenate.gov

DEMOCRATS VOTING AGAINST THE BILL:

braynon.oscar.web@flsenate.gov,
joyner.arthenia.web@flsenate.gov,

 

The bill now basically does the three (3) following things:

1. Provides that concealed weapons license holders may also carry openly - to prevent license holders from being charged with the crime of violating the "Open Carry" law because a concealed firearm accidentally or inadvertently became visible.

2. Provides that concealed weapons license holders may store a firearm in private vehicle anywhere the vehicle is lawfully parked except those places that are exempted under s. 790.251(7) -- the parking lot law.

3. Removes the obsolete firearms purchase in contiguous state law previously required by federal law for out of state purchases of long guns and replaces it with language to conform to current federal requirements that allows purchase of long guns in other states.

To read an article in the Miami Herald that fairly describes the events surrounding the reason the Senate Criminal Justice Committee stripped out the campus carry language click here.


Background


OPEN CARRY:
# 1.  The open carry provision addresses the problem of an accidental or unintentional exposure of a firearm being carried by a concealed weapons license holder. As silly as it may sound, if a license holder is carrying a concealed firearm and the wind blows a jacket or shirt open exposing the firearm, the person can be charged with a crime for violating the open carry law.  Anytime a license holder accidentally or unintentionally exposes the firearm whether reaching for something on a top shelf or bending over to pick up something, he/she can be charged with a crime. This bill fixes that problem.

The cries of anti-gunners with predictions of horrible things resulting from "open carry" are pure nonsense. Adding the provision of open carry for concealed weapons license holders will NOT present problems. While some gun haters may not want to remove this needless restriction, there have been no problems in other states.

According to the anti-gun Brady Campaign, 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. (FLORIDA TODAY 1/7/2011, Change Would Relax Handgun Law - Byline: Kaustuv Basu)

What the spokesperson (Brian Malte, State Legislative Director) for the Brady Campaign -- the national gun ban group -- said is that open carry COULD BE TROUBLESOME. He said "Open carrying of loaded guns is problematic for public safety and for law enforcement. It is frightening to see people carrying loaded weapons in urban and suburban environments."

What the Brady Campaign fails to report is that open carry is not now, nor has it ever been a problem. Only four states, including Florida, prohibit open carry. It's time to remove this unnecessary government restriction in Florida.

Adding "open carry" for concealed weapons license holders to the law to avoid the "open carry" glitch doesn't mean they will carry openly.

FIREARMS CARRY IN A VEHICLE:
#2. 
This bill simply says that if a person has a concealed weapons license, nothing shall prohibit the carry or storage of a firearm in a vehicle -- except the exemptions in the Florida parking lot law.

For example, many of you will remember the case last summer of a cemetery that arbitrarily banned guns on cemetery property.

And you'll remember the distraught father, who had already buried his son (who had been killed in auto crash) in that cemetery. The father has a concealed weapons license and always carries a firearm in his truck and frequently visits his son's grave.

Advised of the new gun ban by the cemetery, the father was given three choices: (1) stop carrying a firearm in his vehicle, (2) face arrest for trespassing with a firearm (a felony) or (3) move his son's body to another cemetery (which might later ban guns as well).  Those choices are outrageous. This bill fixes that outrageous denial of Second Amendment rights.

REPEAL OF CONTIGUOUS STATE LANGUAGE:
#3.
  This bill repeals the obsolete language in s. 790.28, which limits purchase of rifles and shotguns to contiguous states and replaces it with language that will make it possible for Florida residents to purchase rifles and shotguns in non-contiguous states.

 

In 1979, s. 790.28 was passed to conform to federal law. At the time, federal law required the contiguous state language to be passed in order for residents to be able to exercise their right to purchase long guns in adjoining states.

Federal law has since changed to allow the purchase of long guns in any state through a licensed federal firearms dealer. However, in order for Florida residents to be able to exercise those rights, s. 790.28 must be repealed and conforming language must be added to Florida’s statutes.  This bill does that.
TRENDING NOW
Anti-Gun Congresswoman Introduces Magazine Ban, Aims Slippery Slope at the Gun on Your Hip

News  

Friday, October 20, 2017

Anti-Gun Congresswoman Introduces Magazine Ban, Aims Slippery Slope at the Gun on Your Hip

We’ve been down this road before, and we know gun control doesn’t work. 

Everytown and Hollywood Launch New Campaign Against Pro-gun Legislation

News  

Friday, October 20, 2017

Everytown and Hollywood Launch New Campaign Against Pro-gun Legislation

In the wake of the still-unfolding Harvey Weinstein scandal, one might have thought that America would receive a brief reprieve from Hollywood’s ceaseless moralizing. However, on October 18, 2017, Michael Bloomberg’s Everytown for Gun Safety, ...

Anti-Gun Billionaire George Soros Pumps $18 Billion into His Political Apparatus

News  

Friday, October 20, 2017

Anti-Gun Billionaire George Soros Pumps $18 Billion into His Political Apparatus

In recent years, Soros’s anti-gun efforts have been eclipsed by those of another billionaire, former-New York City Mayor Michael Bloomberg. However, the Open Society continues to attack American gun owners.

Oregon: Governor Signs Anti-Gun Bill into Law

Thursday, August 17, 2017

Oregon: Governor Signs Anti-Gun Bill into Law

Yesterday, Governor Kate Brown signed Senate Bill 719A.  Based on a California law enacted in 2014, SB 719A will create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement ...

NRA Doesn’t ‘Buy’ Politicians, but Gun Controllers Do

News  

Friday, October 20, 2017

NRA Doesn’t ‘Buy’ Politicians, but Gun Controllers Do

Gun control supporters who peddle the myth about NRA money aren’t only wrong, they are ignoring team gun control’s own sordid history of buying politicians. And forget Michael Bloomberg for the moment, gun control supporters ...

No Sale: Marketing Tricks in Gun Control

News  

Second Amendment  

Friday, October 20, 2017

No Sale: Marketing Tricks in Gun Control

Advertising professionals know that switching to a fresh new moniker and a more contemporary or dynamic logo can revitalize a tired or humdrum brand.

Bad News For “Universal” Background Check Supporters

News  

Thursday, October 19, 2017

Bad News For “Universal” Background Check Supporters

NRATV Host Cam Edwards describes a study that shows the ineffectiveness of so-called “universal” background checks

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Tuesday, October 17, 2017

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Today, multiple gun control bills were released by the House Rules Committee and have been referred to the House Judiciary Committee for a hearing.

California: Governor Brown Signs Remaining Anti-Gun Bill

Sunday, October 15, 2017

California: Governor Brown Signs Remaining Anti-Gun Bill

Yesterday, Governor Brown signed Assembly Bill 424, the remaining anti-gun bill on his desk. 

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

News  

Second Amendment  

Friday, October 13, 2017

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

What happens to the 400 million or so firearms already in private hands? How does society actually benefit from his plan? Stephens doesn’t say. He apparently just trusts that things would eventually work themselves out ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.