Florida Republicans Kill Open Carry

[ABlaster]

Florida lawmakers need to legalize open carry | Commentary

The ban on openly carrying a firearm on public property led to incidents where honest citizens had their rights violated last year. The ban doesn’t stop criminals from breaking the law, but instead…

www.orlandosentinel.com

The article is behind a paywall so I’m not able to access it,

 

[Miami_JBT]

The article is behind a paywall so I’m not able to access it,

Florida’s Republican lawmakers have continuously campaigned on the claim that Florida is the “Gunshine State” and one of the freest states in the Union. Yet, under two decades of GOP leadership, our Legislature has failed to legalize the open carry of firearms, leaving us in the very small and very liberal company of only New York, Illinois, and California.

Since open carry was banned (at the urging of then-Dade County prosecutor Janet Reno), we haven’t seen a great reduction in crime. We can, however, analyze several incidents where honest citizens had their rights violated because of this policy.

Take a recent incident in Columbia County late last year, where James Hodges, who is legally blind, was reporting for jury duty. While walking to the courthouse, he was stopped, harassed and ultimately charged with obstruction without violence. His crime: carrying a folded seeing-eye cane for his visual impairment — but to the deputies on scene, the law-abiding citizen who was doing his civic duty appeared to be openly carrying a firearm.

More recently, in Volusia County, a father was openly carrying a firearm on his own property (the one situation where legal to do so) when his neighbor’s pit bull got loose. With his six-year-old daughter at his side, John Leggett had reason to be concerned since the dog was being aggressive towards his daughter, but Daytona Beach Police happened to arrive on scene at the same time for a welfare check on the neighbor, and upon seeing Leggett armed, the officers arrested him in total violation of existing law.


As a former cop, I can speak directly to the real issue at hand: the state’s ban on open carry puts police in confusing situations that normally wouldn’t even matter. Hodges would not have been so aggressively confronted near the courthouse on a public sidewalk, and Leggett would not have had his civil rights violated while he was protecting his daughter if our lawmakers had been willing to change course and join the near unanimous crowd of states that allow open carry in one form or another. While the authorities have dropped charges in both cases, that still cannot make up for the wrong that was committed.

This past legislative session, Senate President Kathleen Passidomo claimed her opposition to open carry was because Florida’s sheriffs are against it. Yet, the current head of the Florida Sheriff’s Association, Bill Leeper of Nassau County, has previously stated his support for open carry, as have other Florida sheriffs like Wayne Ivey of Brevard County.

These lawmakers need to get their act together. Current State Supreme Court precedent, which dates to 2017, makes clear that under existing state law, citizens do not have a right to openly carry, rather, it is a privilege that can be granted by the state. This ruling now may directly contradict the landmark U.S. Supreme Court ruling from last year, which overturned several onerous state carry laws.

Yes, the Legislature managed to pass some semblance of pro-gun policy last year with permitless concealed carry, but that still leaves police stuck with a confusing exception and “We the People” in small and very liberal company.

The current ban has a racist past, is rightfully opposed by our governor, and deserves to be sent to the scrapyard of history. It doesn’t stop criminals from breaking the law, but instead simply prevents honest law-abiding Floridians from fully exercising their civil rights.

Just like a rattlesnake, a person openly carrying sends a message to would be bad guys: don’t even bother. Our lawmakers need to get their act together and give us the full-fledged rights the citizens of this free state are demanding.

Luis Valdes is the Florida State Director for Gun Owners of America, a no-compromise grassroots gun lobby with approximately 2.5 million members. He resides in Brevard County and is a former police officer and detective.

 

[ABlaster]

Ah, thanks!

 

[sloporsche]

And yet a man was arrested for open carry in his own yard in FL. And open carrying in one's own yard is one of the few places you can do it.

i am thinking there might be a little more to this story than 32 words

 

[Miami_JBT]

i am thinking there might be a little more to this story than 32 words

Man is on his property with his daughter. Neighbor's dog gets loose and menacingly goes after daughter. Man runs out of the house to protect his daughter with a holstered GLOCK.

Police show up to Neighbor's house for welfare check coincidently. Man asks police to help corral the dog. Cop sees Man with a holstered pistol while he's in his own yard.

In violation of FL statute, even after they look it up, they arrest him for open carry. Yet under 790, open carry is legal on one's own property.

Case was dismissed by the SAO after thr arrest.

As the FL State Director for GOA. We're looking at legal avenues to go after the city and state for this violation of due process and one's civil rights.

I've been in talks with the victims as have our attorneys. But this is an ongoing situation, so I can't say much.

 

[sloporsche]

Man is on his property with his daughter. Neighbor's dog gets loose and menacingly goes after daughter. Man runs out of the house to protect his daughter with a holstered GLOCK.

Police show up to Neighbor's house for welfare check coincidently. Man asks police to help corral the dog. Cop sees Man with a holstered pistol while he's in his own yard.

In violation of FL statute, even after they look it up, they arrest him for open carry. Yet under 790, open carry is legal on one's own property.

Case was dismissed by the SAO after thr arrest.

As the FL State Director for GOA. We're looking at legal avenues to go after the city and state for this violation of due process and one's civil rights.

I've been in talks with the victims as have our attorneys. But this is an ongoing situation, so I can't say much.

i would like to see the police report and read if the glock was at anytime un-holstered or used in a threating manor that spurred the arrest. Most police are gonna give a long leash [pun] over protecting children but you can force their hand with just having your hand on your weapon yelling at the dog owner AFTER the threat is abated . but neither one of us were there were we ......

 

[fl57caveman]

Not sure who said it, but it's a quote full of wisdom;
"An armed society is a polite society" Especially open carry, my experiences anyways.

Robert A. Heinlein said that.. and a true statement...

 

[DustyDog]

People in power are not angles. A cop has power of arrest. Having a gun concealed doesn't prevent him from saying you were carrying it openly. Who is right in a court, is down to your word against his. The court will believe the cop over you without supporting evidence. The idea concealed carry solves the problems of unlawful authority is foolish. The point of a law restricting open carry is to have control of the people. Concealed carry doesn't make you immune to unlawful authority. It wasn't that long ago local Sheriff Office had problems described in the about GA. https://www.ammoland.com/2024/02/sa...-up-in-dismissed-shooting-case/#axzz8QaVMUd8m There is no guarantee that it won't come back.

BINGO.

63 years old, been arrested once in my life, and it was for "open carry" (though I was NOT open carrying) DESPITE my having a "concealed-carry permit".

 

[Miami_JBT]

i would like to see the police report and read if the glock was at anytime un-holstered or used in a threating manor that spurred the arrest. Most police are gonna give a long leash [pun] over protecting children but you can force their hand with just having your hand on your weapon yelling at the dog owner AFTER the threat is abated . but neither one of us were there were we ......

It was never upholstered and there's body cam footage too.

 

[Miami_JBT]

https://floridaphoenix.com/2024/02/...-alive-as-fl-legislature-begins-to-wind-down/

Republicans in both chambers of the Legislature this year introduced proposals to repeal certain provisions of 2018’s Marjory Stoneman Douglas High School Public Safety Act. Those provisions came out of the Feb. 14, 2018 Parkland school shooting that killed 17 students and staff.

There’s HB 1223, which would lower the age to buy a long gun in Florida from 21 to 18. As was the case in the 2023 session, the House bill is moving, but it’s not going anywhere near Gov. Ron DeSantis, who would have to sign such a law. There is no Senate version.

Another GOP gun repeal measure also looks doubtful. The proposal (HB 17) would require the mandatory waiting period for all firearm purchases to expire after 3 days, regardless of whether a background check has been completed. This measure has support in the House, and DeSantis told CNN last month while on the presidential campaign trail that, “I think the background checks should be instant.” (The governor has suspended his presidential campaign.)

However, the Senate version has not been pursuing the measure. And Second Amendment advocates are not at all pleased by the developments.

“You have a Republican House Speaker state that he and his Republican colleagues don’t have an ‘appetite’ to debate and vote on open carry. You have a Republican Senate President state that repealing the under-21 purchase ban is a ‘non-starter’ Yet both have the nerve to campaign that they’re pro-gun,” says Luis Valdes, Florida state director of Gun Owners of America (GOA).

Valdes and other Second Amendment aficionados are also steamed at DeSantis for failing to push for an open carry law which he said he supported a year ago. That measure (HB 1619) was introduced at the beginning of the 2024 session by Hillsborough GOP Rep. Mike Beltran but was immediately dismissed by Republican leadership last month.

“GOA got him on record where he said he ‘absolutely’ supports open carry,” Valdes says. “Well, actions speak louder than words and the governor’s inaction is deafening.”

 

[Miami_JBT]

Latest GOA Alert on what's happening legislatively in FL.

FL: Legislative Session Update | GOA

We’re over the half-way mark for Florida’s 60-day legislative session. Here’s what’s happened so far. The Florida Republican supermajority has shown what they truly think of gun owners in the “Gunshine State.” And it’s clear that they think the protection and restoration of your Second...

www.gunowners.org

 

[Miami_JBT]

House judiciary committee advances bill to modify firearm waiting period rules

The House Judiciary Committee on Wednesday advanced legislation that seeks to amend the current firearm purchase waiting period by allowing conditional firearm delivery from Federal Firearms Licens…

thecapitolist.com

Measures repealing parts of Parkland 2018-gun safety law head to the Florida House - Florida Phoenix

Florida House Republicans have moved closer to repealing two major provisions of gun laws passed in the wake of the 2018 school shooting at Parkland that killed 17 students and staff, but the odds still remain low that either will become law later this year. The House Judiciary Committee passed...

floridaphoenix.com

 

[Miami_JBT]

https://www.audacy.com/podcast/bob-rose-show-8686d/episodes/restoring-florida-gun-rights-one-step-at-a-time-a61ae

 

[Miami_JBT]

Repealing Under 21 Ban passed House. Senate refuses it.
Repealing FDLE's abuses of the background check system passed House. Senate refuses it.
Open Carry refused by both House and Senate.
Governor DeSantis silent on entire issue.

Only "pro-gun" bill that will reach the Governor's desk is SB 1286. Which passed both the Senate and the House. Arrestees can now petition to get their guns returned to them after 30-days if the firearm wasn't seized as evidence and they aren't barred from possession of a firearm.

This is "good" in the sense that we (GOA) as an organization experienced a member being wrongfully arrested (FL PATRIOT ARRESTED FOR EXERCISING 1A RIGHT TO PROTECT 2A RIGHTS ) and he had to fight to get his gun back. But the reality is, out of the hundreds of thousands of arrests, very few are in that situation.

SB 1286 is stale crumbs being thrown at gun owners. And Governor DeSantis has broken his promise to gun owners. He said he'd back a bill if it was introduced. He's done jack shit.

 

[B52]

Sure doesn't sound very pro-gun. When you consider you can always be arrested for anything. The government keeping your gun for an arrest is called stealing. That is already against the law. Even when the government does it. Remember an arrest isn't due process. You need a fare trial to have due process.
SB 1286. Which passed both the Senate and the House. Arrestees can now petition to get their guns returned to them after 30-days if the firearm wasn't seized as evidence and they aren't barred from possession of a firearm.

 

[Miami_JBT]

Republicans need to grow a spine:' Florida Legislature disappoints some conservatives. Democrats viewed GOP as backpedaling from what they called an 'extremist' culture war agenda.

 

[IronBeard]

Republicans need to grow a spine:' Florida Legislature disappoints some conservatives. Democrats viewed GOP as backpedaling from what they called an 'extremist' culture war agenda.

Sorry, Bruh. You want "spine," ya prob'ly ain't gonna find it within the "only" choice we have.