Florida attempts to pass open carry......... - Page 4

cbrgator · April 28, 2011, 02:41 AM

Goofy,

The "under certain circumstances" language is found in the title of the bill, not the text. Here is the actual operative language of that portion of the bill, as amended.

Quote:

790.053 Open carrying of weapons.—
Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

Crazy88Fingers · April 28, 2011, 03:05 AM

Even so, it's probably best to keep your gun(s) covered well.

I would be more than happy to comply with an "excuse me sir, do you have a permit for that weapon?" from a Miami-Dade officer. Open carry, concealed carry, whatever. But the more likely interaction will probably involve some combination of guns and tasers.

Funny, since I started carrying I'm more afraid of police than criminals now...

Johannes_Paulsen · April 28, 2011, 04:58 AM

Ultimately, the Courts will determine what that language means if the bill passes - anything posted here is pure speculation....

Don P · April 28, 2011, 07:37 AM

Quote:

Ultimately, the Courts will determine what that language means if the bill passes - anything posted here is pure speculation

As I stated in earlier posts there is no case law on this subject of accidental exposure of a firearm in public to date under the current statutes. If the bill is passed and signed into law we will still have to wait for a case to go through the legal system to see how the courts will look at this.

Glenn E. Meyer · April 28, 2011, 08:49 AM

Better than nothing. Try again, if motivated. In TX, our bills seem to be headed for the waste bin.

Pahoo · April 28, 2011, 10:17 AM

Quote:

Her amendment got rid of open carry but instead decriminalizes inadvertent exposure.

Open carry poses a bigger problem to LEO's and not the average citizen. When you make open carry illegal, then LEO's have have to respond to every call from the public. LEO's really have better things to do. Now comes the interpretation of what is inadvertent exposer. I suspect that other states will follow suit. Bad laws are ones you "can't" enforce. ..... :barf:

Quote:

Better than nothing.

Agree. ......

Be Safe !!!

Al Norris · April 28, 2011, 10:37 AM

There are now 3 separate threads on the subject of Florida "Open Carry."

I am merging them all into this, the original thread. Hang on, as the posts may not make sense, right away.....

cbrgator · April 28, 2011, 12:34 PM

Well, that's that. The Senate voted on the new language. Passed 26-11 earlier today.

I wonder if the House will amend their bill to match.

**Tom Servo** · April 28, 2011, 01:05 PM

Quote:

Better than nothing.

Actually, it's a fairly big step from what I remember of Florida. There's always next year.

flcjinflorida · April 28, 2011, 04:10 PM

They said on the news that this bill was sent to the Governor's desk this morning. He said that he will sign it and the NRA has already declared a win. Now that these new laws are being put into effect, hopefully we can slowly change toward open carry.

cbrgator · April 28, 2011, 06:02 PM

Quote:

They said on the news that this bill was sent to the Governor's desk this morning. He said that he will sign it and the NRA has already declared a win. Now that these new laws are being put into effect, hopefully we can slowly change toward open carry.

I'm not saying you didn't hear that, but that can't be correct. The Senate passed their version of the bill. The House bill is still waiting to be voted on. It won't get sent to the Governor until both houses pass identical bills.

flcjinflorida · April 28, 2011, 07:51 PM

The following link is the link to the news story that I read.

http://www.wtsp.com/news/local/story...storyid=189302

If I am incorrect in my assumptions, just let me know.

GoOfY-FoOt · April 28, 2011, 08:26 PM

This was taken directly from today's Florida Senate Journal...
CS for CS for SB 234 as amended was passed and certified to the House.

So, since the House hasn't made changes to HB 517 to reflect the ones from the Senate, there may still be a glimmer of hope for OC...

Everyone get on the horn or fire off the emails to the Florida House.

Perhaps we can force a special conference committee to iron out the differences.

youngunz4life · April 28, 2011, 08:53 PM

http://www.cfnews13.com/article/news...Governor-Scott

doesnt look like OC it will pass...

but doctors need to stop asking patients about firearms as explained in above link

flcjinflorida · April 28, 2011, 09:00 PM

I have written my senator and representative on the matter. I want open carry. Don't get me wrong... I won't carry openly, but at the same time it gives us more rights, and I am all about receiving more rights.

GoOfY-FoOt · April 28, 2011, 09:19 PM

Quote:

Tallahassee, FL — Senate Bill 432, which passed as House Bill 155, was approved by the full Senate today and will now head to Governor Scott for his signature. This legislation provides that the ability to question patients about firearms is only allowed if the medical care practitioner, Emergency Medical Technician or paramedic believes in good faith that the information is necessary to the patient’s medical care or safety or the safety of others.

These are the bills that were passed by both houses, and subsequently sent to the desk of the Governor. Note the similar SB # that when read by the dyslexic jounalist, would cause them to write the wrong story...

OC is still alive...But barely.

aternie · April 29, 2011, 01:08 PM

I don't see oc getting through this time. Even on the backs of the house bill.

flcjinflorida · April 29, 2011, 01:11 PM

I hope that it does get through, but I don't think it will. We will just have to try again in a year or so once people realize that the new laws haven't made Florida the Wild Wild West.

AirForceShooter · April 29, 2011, 01:18 PM

What OC bill?
There wasn't ever one.

Can't wait til I see the NRA guys at the next gun show and get to ask why they sold us out for the very beginning

Maybe they're taking marketing suggestions from AARP

AFS

P5 Guy · May 1, 2011, 07:45 PM

R Scott are you listening VETO this NRA sell out and do it with extreme prejudice. I cannot believe the NRA is calling this chit a victory for gun owners. Anybody remember the FOPA and the end of automatics registration? Totally worthless. I had expected more from Hammer!

**Tom Servo** · May 1, 2011, 08:45 PM

Quote:

Anybody remember the FOPA and the end of automatics registration? Totally worthless. I had expected more from Hammer!

Of course I do, and there was no way the NRA, or anybody else, could have stopped it. For those of you who weren't around back then, we needed the rest of the FOPA. Senator Hughes' poison pill came at the last second and rankled all of us, but we had to accept it. It didn't look like we'd get another chance in the following session, something which even the President acknowledged.

As for Marion Hammer, I'm not sure why you're singling her out. She only on the local level in 1986. She couldn't have stopped the Hughes Amendment. She was, however, one of the people at the forefront when the NRA got Florida concealed carry in the first place.

Quote:

Can't wait til I see the NRA guys at the next gun show and get to ask why they sold us out for the very beginning

I'll ask again: can you explain how they "sold us out?"

P5 Guy · May 2, 2011, 12:08 PM

www.floridashootersnetwork.com
Do a search here and read for your self. Form your own opinion.
Apparently the will of the citizens of Florida is not a priority for the USF and the NRA.

**Tom Servo** · May 2, 2011, 12:52 PM

Quote:

Do a search here and read for your self.

Shouldn't have to. You made the accusations. Provide specifics, please.

Eghad · May 2, 2011, 01:55 PM

I went to the forum and found this tidbit....

http://www.open-carry.org/

Quote:

We’ve shown the untruthful (and perhaps unlawful) tactics used by the various Sheriff’s offices and the Florida Sheriff’s Association that has spurred an official investigation by the State Attorney’s Office, FDLE, and OCSO internal affairs. Pinellas County Sheriff Coats told the committees his speculation on open carry, then admitted that he hadn’t researched how open carry works in any other state. The deputies of the Hillsborough County Sherriff’s Office pulled over and detained a licensed concealed carrier just a few days ago for “printing” of his lawfully carried firearm despite their Sheriff’s testimony to the legislature that his officers would never do such a thing.

seems to me that you fellows down in Florida shouldn't be wailing on the NRA but these folks instead. What do you think?

P5 Guy · May 3, 2011, 12:20 PM

Do a search here and read for your self. Form your own opinion.

Was my original statement. I'm not trying to influence your opinion.

And yes the Sheriffs and police chiefs are against OC. And the NRA does have a pretty close relationship with the law enforcement organizations through out the country.

Right now I am not very happy with Hammer and the NRA, but if you all are that has to be fine with me.

April 28, 2011, 03:05 AM	#77
Crazy88Fingers Senior Member Join Date: November 20, 2010 Location: WesTex Posts: 958	Even so, it's probably best to keep your gun(s) covered well. I would be more than happy to comply with an "excuse me sir, do you have a permit for that weapon?" from a Miami-Dade officer. Open carry, concealed carry, whatever. But the more likely interaction will probably involve some combination of guns and tasers. Funny, since I started carrying I'm more afraid of police than criminals now... __________________ "And I'm tellin' you son, well it ain't no fun, staring straight down a .44" -Lynyrd Skynyrd

April 28, 2011, 08:49 AM	#80
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	Better than nothing. Try again, if motivated. In TX, our bills seem to be headed for the waste bin. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

April 28, 2011, 04:10 PM	#85
flcjinflorida Member Join Date: September 20, 2009 Location: Florida Posts: 93	They said on the news that this bill was sent to the Governor's desk this morning. He said that he will sign it and the NRA has already declared a win. Now that these new laws are being put into effect, hopefully we can slowly change toward open carry. __________________ Proud member of the NRA "I carry a gun because my back can't handle the weight of a law enforcement officer. " -Me

April 28, 2011, 07:51 PM	#87
flcjinflorida Member Join Date: September 20, 2009 Location: Florida Posts: 93	The following link is the link to the news story that I read. http://www.wtsp.com/news/local/story...storyid=189302 If I am incorrect in my assumptions, just let me know. __________________ Proud member of the NRA "I carry a gun because my back can't handle the weight of a law enforcement officer. " -Me

April 28, 2011, 08:53 PM	#89
youngunz4life Senior Member Join Date: November 15, 2010 Location: United States of America Posts: 1,877	brief article http://www.cfnews13.com/article/news...Governor-Scott doesnt look like OC it will pass... but doctors need to stop asking patients about firearms as explained in above link __________________ "Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864

April 28, 2011, 04:58 AM	#78
Johannes_Paulsen Senior Member Join Date: April 26, 2007 Location: Pittsburgh, PA Posts: 297	Ultimately, the Courts will determine what that language means if the bill passes - anything posted here is pure speculation....

April 28, 2011, 10:37 AM	#82
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	There are now 3 separate threads on the subject of Florida "Open Carry." I am merging them all into this, the original thread. Hang on, as the posts may not make sense, right away.....

April 28, 2011, 12:34 PM	#83
cbrgator Senior Member Join Date: June 1, 2009 Posts: 135	Well, that's that. The Senate voted on the new language. Passed 26-11 earlier today. I wonder if the House will amend their bill to match.

April 28, 2011, 08:26 PM	#88
GoOfY-FoOt Senior Member Join Date: January 1, 2011 Location: West Central Florida Posts: 463	This was taken directly from today's Florida Senate Journal... CS for CS for SB 234 as amended was passed and certified to the House. So, since the House hasn't made changes to HB 517 to reflect the ones from the Senate, there may still be a glimmer of hope for OC... Everyone get on the horn or fire off the emails to the Florida House. Perhaps we can force a special conference committee to iron out the differences.

April 28, 2011, 09:00 PM	#90
flcjinflorida Member Join Date: September 20, 2009 Location: Florida Posts: 93	I have written my senator and representative on the matter. I want open carry. Don't get me wrong... I won't carry openly, but at the same time it gives us more rights, and I am all about receiving more rights. __________________ Proud member of the NRA "I carry a gun because my back can't handle the weight of a law enforcement officer. " -Me

April 29, 2011, 01:08 PM	#92
aternie Junior Member Join Date: January 8, 2009 Location: Jacksonville, FL Posts: 7	I don't see oc getting through this time. Even on the backs of the house bill.

April 29, 2011, 01:11 PM	#93
flcjinflorida Member Join Date: September 20, 2009 Location: Florida Posts: 93	I hope that it does get through, but I don't think it will. We will just have to try again in a year or so once people realize that the new laws haven't made Florida the Wild Wild West. __________________ Proud member of the NRA "I carry a gun because my back can't handle the weight of a law enforcement officer. " -Me

April 29, 2011, 01:18 PM	#94
AirForceShooter Senior Member Join Date: December 21, 2005 Location: Sarasota (sort of) Florida Posts: 1,296	What OC bill? There wasn't ever one. Can't wait til I see the NRA guys at the next gun show and get to ask why they sold us out for the very beginning Maybe they're taking marketing suggestions from AARP AFS

May 1, 2011, 07:45 PM	#95
P5 Guy Senior Member Join Date: December 1, 2005 Location: Tampa Bay Posts: 1,804	VETO!!!!! R Scott are you listening VETO this NRA sell out and do it with extreme prejudice. I cannot believe the NRA is calling this chit a victory for gun owners. Anybody remember the FOPA and the end of automatics registration? Totally worthless. I had expected more from Hammer!

May 2, 2011, 12:08 PM	#97
P5 Guy Senior Member Join Date: December 1, 2005 Location: Tampa Bay Posts: 1,804	Sell Out www.floridashootersnetwork.com Do a search here and read for your self. Form your own opinion. Apparently the will of the citizens of Florida is not a priority for the USF and the NRA.

May 3, 2011, 12:20 PM	#100
P5 Guy Senior Member Join Date: December 1, 2005 Location: Tampa Bay Posts: 1,804	Quote Do a search here and read for your self. Form your own opinion. Was my original statement. I'm not trying to influence your opinion. And yes the Sheriffs and police chiefs are against OC. And the NRA does have a pretty close relationship with the law enforcement organizations through out the country. Right now I am not very happy with Hammer and the NRA, but if you all are that has to be fine with me.