Florida attempts to pass open carry.........

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Of course, they could also revise Florida's CC laws to protect permit-holders against charges or loss of permit for instances of momentary, inadverdent display; but so far I don't believe they have done that.

That is exactly what they are trying to do, with a last minute floor amendment.

If you have been keeping track of SB 234, you’ll remember that Senator Ellyn Bogdanoff (R-Fort Lauderdale) introduced an amendment to the Senate Judiciary Committee that would have stripped out the open carry provision of the bill in favor of subjective language that would exempt inadvertent exposure of one’s firearm as punishable under law. Realizing she didn’t have the votes necessary to get the amendment adopted, Sen. Bogdanoff withdrew the amendment.


She has again introduced the exact same language as a floor amendment. The amendment only addresses inadvertent exposure, and does nothing to improve other situations in which general open carry is the only solution. For example, the amendment would not legalize open carry when hiking, when entering or exiting a vehicle, when on any private property other than one’s own residence or place of business. Most troubling is the fact that the determination of what is “inadvertent” would remain in the hands of law enforcement.

The Florida Sheriffs Association is walking the halls of the Florida Senate, lobbying heavily against the bill (SB 234), saying that they cannot find any prosecutions on the books concerning accidental exposure. This is a small consolation to those who have been detained for hours, disarmed, handcuffed, proned out, held at gunpoint, and booked, only to be released when the State Attorney or District Attorney found no crime with which to pursue prosecution. In fact, just last week, an individual was “printing” in a Hillsborough county restaurant and a patron called in a “suspicious person” call. The individual was pulled over by four HCSO cruisers after leaving the restaurant, and was removed from the vehicle, disarmed, handcuffed, and detained while sitting on the curb AFTER PROVIDING HIS CWFL for over a half-hour. During this time, he was subjected to leading questions like, “What war are you preparing for?” and “Why do you feel you need to carry a firearm?” He was told that the only reason he was being released rather than transported was because the caller incorrectly stated the firearm bulge was on his right side, and his firearm was on his left side.

This is exactly the type of situation open carry would eliminate. Imagine what would have happened had he had his children with him in the vehicle at the time?

PLEASE... If you live in Florida, contact your Senators NOW, and ask them to reject the floor amendment, and weigh the bill in it's existing form, and on it's merits...

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As for the reasons I would prefer the ability to OC:

The number one reason is speed. In a critical life or death situation, milliseconds MATTER. And I can draw from my Blackhawk SERPA holster, faster, than I can with my IWB. And if my shirt was tucked in, forget it. I'm wrestling with my clothing while I could be saving a life, which might be my own...

As I stated above, it is also a convenience issue.

Third, I am of the mindset, that CC is somewhat dishonest, to a point. I feel that by hiding the fact that I am carrying, somehow I am not being truthful to my fellow man. I don't know. It's just me. There are many situations that I would CC, but around my neck of the woods, it just doesn't feel right.

There are more reasons that I have, but they elude me at the moment...
 
You guys have all made good points and I thank you for your input. However, I have difficulty believing that if a respectable looking person legally carrying a concealed gun should accidently "print" or have a shirt momentarily blow up exposing his gun, that the world would turn upside down, the cavalry would be brought in and a massive legal battle would ensue with the local District Attorney.

The key words in the previous paragraph are "respectable looking person." I am sure if a CCW Permit holder dressed with his shorts around his knees, three gold front teeth, nose pierced, and a skull and crossbones tattooed on his bare shoulder should accidentally display a gun, I would certainly understand that a concerned citizen may call in the local calvary. And that arriving calvary would certainly have a lot of questions to ask. Profiling? Probably. What do you think?

In my case, I am tall, not too overweight, have a neat haircut with a head of gray hair, a neatly trimmed mustache, and always careful about my appearance, even if I am wearing jeans or a pair of cargo shorts. In other words, I am "professional looking." If I should get out of my car and my shirt tail should innocently blow up momentarily displaying my OWB holster and gun, I seriously doubt that I would find myself before a jury of my peers. And let's take it one step further...lets say that the person that did spy my gun was a LEO. I'm 99% positive that he would approach and ask if I had a permit for the concealed weapon. He may even go as far as to ask for that permit and perhaps make a radio call to see if there were any outstanding warrants for me. After he was satisfied that I was legitimate, he would most likely advise me to be more careful and wish me a good day.
 
I don't believe I would ever open carry,,,

Unless that were the only way I could go armed in public.

I feel that having a pistol in plain sight,,,
Would make me a ripe target.

Besides, I don't like being stared at or even noticed for that matter,,,
I prefer to wend my way through life being invisible,,,
A gun on your hip guarantees you will be noticed.

I have no scientific data on this,,,
Just my not-so-humble opinion on the mater.

Aarond
 
aarondgraham, the question isn't whether you would choose to do it.

The question is whether the government should be able to tell you not to do it.

For most of us, that answer is a resounding NO.
 
Of course, they could also revise Florida's CC laws to protect permit-holders against charges or loss of permit for instances of momentary, inadverdent display; but so far I don't believe they have done that.

Correct as I stated earlier there is NO CASE LAW with regards to this matter and honestly I don't want to be the first test case per say. Could have a ugly result.

The key words in the previous paragraph are "respectable looking person."

That would be profiling for the positive instead of the negative would it not.
Gang banger or someone projecting that kind of image could very well be carrying legally, yes/no? So the fuzz should screw with the banger and let MR. John Q. clean cut citizen slide??????????
 
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Open Carry is gone. They just amended the bill to decriminalize inadvertent exposure.

Full open carry is still a crime. They gutted the whole bill. We lose. Game over.
 
Florida Open Carry Now Dead

Sen. Bogdanoff's amendment was just adopted. Her amendment got rid of open carry but instead decriminalizes inadvertent exposure.

Open Carry in Florida is dead as we know it.
 
The latest wording is even more vague than Bogdanoff's last amendment.

Who can read legalese? What does, "A bill to be entitled
An act relating to firearms; amending s. 790.053, F.S.; providing that a person who is licensed to carry a concealed firearm
is not in violation of law if the firearm is briefly and openly displayed under certain circumstances;...mean?

I guess you can open carry. But only for a minute at a time. And, only under "certain circumstances"...

And who determines if the display is more than brief, or, not open enough?
 
cbr, that is what the original floor amendment to the second committee substitute, stated. (accidentally or inadvertently display the firearm to the
ordinary sight of another person
) But, the latest wording is what I posted at the bottom of page one.
(briefly and openly displayed under certain circumstances) (latest version)

Is this better, or just a different way to say the same thing?
 
I know I won't be carrying openly even if this does pass. I am just glad that they are passing another bill that will further our rights concerning guns.

I will probably carry openly in the first few weeks just to get local law enforcement used to it, but I'm a deputy sheriff anyway, so I don't think I will get into too much of a scruff up with the sheriff anyway.
 
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.

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.
 
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... :rolleyes:
 
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.
 
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