Open carry bill Florida

Discussion in 'CCW & Open Carry' started by SWAGA, Oct 7, 2015.

  1. SWAGA

    SWAGA No longer broke... Lifetime Supporter

  2. Dane

    Dane Supporting Member

    From other emails I have received about this it has to do with a CC holder's firearm being seen.

  3. Think1st

    Think1st Supporting Member

    This is exactly why I support this kind of bill. It can keep a CC'er from getting in trouble if his weapon accidentally becomes visible.
  4. Dane

    Dane Supporting Member

    view the web version of this email
    NRA-ILA: Institute for Legislative Action
    Florida Report: Open Carry Bill Passes 1st House Committee 10-6-2015

    DATE: October 6, 2015
    TO: USF & NRA Members and Friends
    FROM: Marion P. Hammer
    USF Executive Director
    NRA Past President

    Today, Tuesday, October 6, 2015, the House Criminal Justice Committee held a hearing on HB-163 by Rep. Matt Gaetz The bill PASSED by a Vote of 8-4.

    HB-163 is a bill to allow persons with a Concealed Weapons & Firearms License to carry firearms concealed or openly.

    Sheriff Wayne Ivey (Brevard) and representatives of Sheriff Charlie Creel (Wakulla) expressed support for the bill at a press conference with bill sponsors Sen. Don Gaetz and Rep. Matt Gaetz, before the committee meeting. Among other sheriffs who have expressed support for open carry are Sheriff Gordon Smith (Bradford) and Sheriff Chris Nocco (Pasco).

    Voting FOR the bill were Republican Reps. Carlos Truijillo, Dennis Baxley, Jay Fant, Gayle Harrell, Ray Pilon, Scott Plakon, Ross Spano and Charles Van Zant.

    Voting AGAINST the bill were Democrat Reps. Randolph Bracy, Dave Kerner and Sharon Pritchett -- Rep. Clovis Watson did not vote.

    The only Republican to vote against the bill was Chris Latvala (R-Clearwater).


    This bill will prevent CW license holders from being charged with the crime of violating the "Open Carry" law because a concealed firearm, being legally carried, accidentally or inadvertently became visible to another person.

    According to our attorneys, allowing license holders to carry openly is the only way to truly keep them from being arrested and/or prosecuted for violating the open carry ban if firearms are accidentally and unintentionally exposed.

    IT IS UNFORTUNATELY TRUE that anytime you are carrying a concealed firearm you are in danger of being charged with a crime and treated like a criminal if your firearm accidentally becomes exposed to the sight of another person and law enforcement is called.

    In 2011, we attempted to fix that problem. We supported language that clearly says it is NOT a violation of the open carry ban "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."

    Not only did that language NOT stop the abuse. It has gotten worse.

    In one case, a young man was arrested when his firearm was accidentally and unintentionally exposed. Someone saw it and called 911. It took law enforcement 5 minutes to arrive. They arrested him because they said 5 minutes wasn't brief. It didn't matter that it was accidental and unintentional. He was prosecuted and convicted.

    In another case a man was arrested, and convicted because the accidental and unintentional exposure of his firearm was for only 2 minutes.

    Further, it has been reported that State Attorney Angela Corey's office in Jacksonville says that exposure isn't brief, if it is more than an instantaneous glance before being covered up again.

    And to make matters worse, there is a case pending on a motion for review before the Florida Supreme Court -- because a lower court didn't think a young man was dressed appropriately to hide a gun when it accidentally became visible.

    Concealed Weapons License holders whose firearms are seen by others seem to be targets in some jurisdictions.

    This bill will only allow persons who have a license to carry a concealed weapon or firearm to carry concealed or openly. All of the provisions of the concealed carry law apply to those who chose to carry openly. Including:

    * You must have your license on you at all times when carrying and you must show it to a law enforcement officer who asks if you have a license.

    * You cannot carry a long gun -- rifle or shotgun -- concealed or openly under this law.

    * You cannot carry concealed or openly onto private property of any business or person who choses to prohibit it.

    * You cannot carry openly in any place where concealed carry is prohibited.

    THANK YOU for your email and phone calls to Committee members. Taking a few moments to communicate with Legislators is very important.

    Email addresses of the Committee members are below.

    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected],
    [email protected]
    [email protected],
    [email protected],
    [email protected]
  5. SEP

    SEP SEP Board Member

    It should also be noted that regardless of whether or not the legislation passes (January I believe is the vote) that a person may lawfully carry openly during certain activities such as fishing or hunting.

    There is a law suit pending against the Tampa P.D. where a TPD officer arrested a man that was openly carrying while fishing. He apparently approached the man from behind and tried to physically disarm him while he was fishing. From what I've read it was not a lawful arrest hence the law suit.

    It should also be noted that Sheriff's Offices are the only Constitutional law enforcement agencies in the country and 'should' be #1 in protecting a persons Constitutional rights. All other L.E. are created by statute. I'm a firm believer in the 2nd amendment and believe it allows the other amendments to exist. This may be strong, but in my professional opinion an unarmed person is a victim-in-waiting. Honest stats clearly show that states that allow for concealed and/or open carry have lower violent crime rates than states that unlawfully limit the 2nd amendment.
  6. SWAGA

    SWAGA No longer broke... Lifetime Supporter

    I went fishing today with a buddy who doesn't know I carry and with other people about I was a little nervous about my shirt flapping in the breeze and accidentally displaying my gun.
  7. peorth

    peorth Member

    Use a pouch or fanny pack. Many fisherman use fanny packs so it won't look suspicious.


    My $0.02 is that a CCW is exactly as stated, concealed carry. It's the CCW holder's responsibility to make sure that he/she does not accidentally brandish a firearm. If it means not taking off your jacket on a hot day, so be it.
    Last edited: Nov 4, 2015
  8. Browning 9 Guy

    Browning 9 Guy Premium Supporter Member

    Texas passed an open carry bill earlier this year. I've seen one man open carrying in that time, carrying a S&W model 60 in a Chik Filet.

    I won't bore everyone with my own CCW (alright it's a Sigma, 9mm) but I'm way nervous about open carrying.
  9. Liberty

    Liberty Shhh! Lifetime Supporter

    Open carry is great. Move to WV or another state where you can openly carry period.
  10. It is legal to OC while fishing in Florida, so accidental display is not a problem.

    OC has not gone into affect yet in Texas.
  11. SWAGA

    SWAGA No longer broke... Lifetime Supporter

    Well, concealed and displayed could be interpreted as 'brandishing' vs in plain view open carry.....
    That was my concern.
  12. BCON

    BCON Member

    I live in maine were we have had open carry as long as i remember. We just passed a bill that now allows us to legally conceal and carry with no permit ( some restrictions)
  13. I believe brief display has already been covered in Fl statutes. IMO brandishing is the gun in hand, or uncovering the gun to intimidate. But you are completely legal to OC while fishing in Florida, and IIRC camping also.

    Keep in mind though the harsh environment(salt water) on guns, whether open, or concealed. I always wiped down my guns ASAP after coming home from fishing. Even stainless guns.
  14. Brandishing is not a crime in Florida...... as it is not called that.

    Also yes OC is ok while fishing and I do while Kayak fishing....gators.
  15. Dane

    Dane Supporting Member

    The new law has some loopholes that some police were using to bring charges against someone. That is the reason for this push for open carry.
  16. moona11

    moona11 King of you Monkeys Lifetime Supporter

    Some people can be a holes. Here if you cc say in your car you have your coat off and get out and put you coat on to cover your weapon it's not brandishing. Or you bend over in a store to look at something and someone sees it is not brandishing. But you get people calling in claiming it. They get ignored. You can open carry here if its unloaded except for hunting. Kinda makes it use less to open carry in town. That's one law that needs to be changed.
  17. FlashBang

    FlashBang I Stand With Talon Lifetime Supporter

    Open Carry in Texas is not legal until January 1, 2016.

  18. 0311

    0311 Member

    Can't wait to see some pics of you fellas with your BBQ guns.

    OC is & has been legal here in MI. Surprisingly I don't see many.
  19. Texas Open Carry


    No pun intended, but the person you saw open carrying was jumping the gun. The law doesn't actually go into effect until January of next year.
  20. The infringements on our right to "keep and bear arms" are lessening year by year. Unconstitutional gun laws are being swept away more and more, although some holdout, heavily liberal states, are strongly resisting the changing tide.

    My old home state of California is one of those. They seem intent on doubling down on stupid gun laws that only empower criminals, while disarming law abiding citizens. I read recently of a proposed California Assembly bill that would require background checks for ammo purchases.

    Just one more reason I got my family the hell out of there ten years ago.