EXTREME APPLICATION OF OPEN CARRY

CURRENT LAW

 

Florida was once open carry. In October of 1987, after several years of trying to pass a concealed carry bill in the state legislature, a back door deal between political parties was made to pass the bill. That deal, and the price all Floridians would pay, was to restrict open carrying in Florida in exchange for instituting a conceal carry permit bureaucracy. From that day forward, Floridians partly lost one of their rights. Additionally, in an obvious attempt to generate revenue for the state, the new law required citizens simply carrying pepper spray or stun guns to obtain a concealed carry permit

In fact, 43 states allow the increasingly common "open carry" of handguns in public, in most states at age 18 without any permit. Florida is one of only 7 states generally banning open carry.

You are limited while open carrying your legally purchased handgun in the fine state of Florida. This is covered under Florida Statute FS 790.053. There are exceptions to the statute. It is legal to open carry when hunting, fishing, trapping, and while at work. This is covered under FS 790.25(3)(h), (j) and (k). "Anyone, while fishing, camping, or hunting....or while going to, or coming from fishing, camping, or hunting is exempt from the prohibition on open carry."

PROPOSED LEGISLATION

SB 234, as amended, and HB 517 which would allow citizens to openly carry firearms.  Senate Bill 234, as amended, and HB 517 provides that a person who holds a valid concealed weapon or firearm license, issued by the Department of Agriculture and Consumer Affairs (DACS) under s. 790.06, F.S., may carry a weapon or firearm openly.

PRO OPEN CARRY

Allow citizens to simply exercise the right protected under the Bill of Rights. Restore the freedom Floridians once enjoyed, to carry our protection openly. Allow what the majority of other states have, to carry guns openly for protection. Allow the deterrent to crime which an openly carried handgun provides; and the message it sends to those who may think of harming us...we are NOT easy pray. Allow legally purchased handguns to be carried legally, nothing more, nothing less. Follow the spirit of the Supreme Court's decision and rescind the ban on open carrying in Florida.

(The cities with the bans have some of the highest criminal gun violence in the country)

Armed citizens are NOT easy targets for criminals. State and local budget cuts are reducing the police presence, not increasing it.

Armed Citizens League

CON OPEN CARRY

The lack of adequate training standards to address the issues associated with the open carry of firearms by the public is a critical issue.  Currently an individual can obtain a concealed weapons permit with little more than a few hours of classroom lecture and by firing a single round down range.  In order for certified law enforcement officers to openly carry a firearm they must successfully complete a minimum of 40 hours of Criminal Justice Standards and Training Commission written and practical training, demonstrate minimum levels of live fire proficiency, demonstrate safe weapons handling tactics, successfully demonstrate an ability to retain a holstered weapon; and receive additional mandated firearms training on a regular basis and must demonstrate firearms proficiency on an at least an annual basis.  Without such training, and also the fitness standards deputies must meet, I do not believe many citizens could retain their weapon from an aggressor, or group of aggressors.  In fact, many law enforcement officers have been killed with their own weapons even with years of retention and firearms training.

Law enforcement holsters have specialized locking mechanisms that aid in retention and secure the firearm in place. The specialized holsters are costly and generally not available for public purchase.

Florida law enforcement agencies that allow certified law enforcement personnel to openly carry holstered firearms require a visible badge and often times identifying clothing to distinguish the law enforcement officer. This requirement prevents public safety concerns and misidentification by fellow officers.  This bill provides no standard by which law enforcement officers will distinguish persons openly displaying a firearm legally and those who are not. Paramount is a law enforcement officer’s ability to respond to tense and uncertain situations and make instantaneous threat assessments.  Many times the assessment involves distinguishing citizens from dangerous persons. Envision the difficulty for police during large events like Bike Week, Spring Break or even Tampa’s Gasparilla, when openly carried firearms enter the picture.

The increased workload demands and costs to law enforcement responsible for responding to increased firearm calls from concerned citizens, given that firearm calls are a Priority 1, and generate a minimum of two responding units.

The Florida Sheriff’s Association has worked with Legislators to oppose this bill for

three weeks, but the House version has passed all of its committees and is now on the

House floor, awaiting final vote.