Florida Senate Bill 234 and companion House Bill 517 both advanced in their respective criminal justice committees this week. The bills major provision is the authorization for licensed concealed carriers to carry openly at their option. When first introduced, both bills contained a provision that would have lifted the prohibition against carry on college campuses by licensed carriers. However, that provision was stripped from the bills as a result of overwhelming objection in the light of the off-campus negligent homicide of Florida State University student Ashley Cowie, whose father tearfully testified in front of the Senate committee last month. Despite the fact that the tragic incident had no relationship to the bills' campus carry element, the emotional impact was insurmountable. Rather than sacrifice both bills entirely, the campus carry provision was removed.
The Senate Committee on Criminal Justice heard testimony on the bill from a number of presenters, including a representative of the Florida Sheriffs Association. The FSA had originally offered support for SB 234 in exchange for the inclusion of a number of burdensome requirements on licensed carriers before they would be allowed to carry openly. Those provisions were use of a level-2 retention holster, proof of attending firearm retention training, and public display of the carry license in proximity to the firearm. The bill's sponsor, Senator Greg Evers, filed an amendment containing those requirements, but soon nullified it upon learning that the FSA would not support the bill regardless. Never mind the fact that level-2 retention holsters are not available for all firearms, retention training is generally only available to police and military, and public display of one's license would expose private information for all to see.
Florida Carry, Inc.'s Ryan Ramsay enthusiastically spoke on behalf of the bill, relating to the committee that the same objections had been heard in 1987, when Florida was contemplating shall-issue concealed carry. Twenty three years and 1.92 million licenses later, only 168 licenses have been revoked due to crimes involving a firearm, a remarkable statistic. Representing the Unified Sportsmen of Florida, the legendary Marion P. Hammer related the story of a licensed carrier whose gun barrel was unknowingly poking through a hole in his pocket. The man had been fishing with his friend, who suffered an injury and was taken to the hospital emergency room. While awaiting his friend, hospital security approached him, pointed out that the gun barrel was visible, and requested he secure the firearm in his vehicle. The man agreed, but was intercepted in the parking lot by the local police, who ordered him to the ground at gunpoint. The man suffered permanent nerve damage in both wrists from being forcefully handcuffed. Passage of the open carry bill, Ms. Hammer said, would prevent this type of occurrence because it would remove the subjective nature of the current "improper exhibition" statute.
It was soon apparent that Senator Charles S. "Charlie" Dean, Sr. (R-Inverness), a former Citrus County sheriff, would be the deciding vote on the three republican/two democrat committee. After expressing concern over how a police officer responding to a "man with a gun" call would identify an open carrier as a "good guy" (and apparently ignoring how other states that permit open carry deal with it), Sen. Dean finally voted in favor of the bill, with the caveat that he would not vote for it in the open Senate in its current form. The committee reported the bill favorable with a final party-line vote of 3 to 2.
House Bill 517 was similarly passed on Tuesday, but with much less melodrama. The bill sailed easily through the 15-member House Criminal Justice Subcommittee comprising ten republicans and five democrats, on a vote of 10 to 3, with two members absent. In a surprise move, Rep. John Patrick Julien (D-North Miami Beach) voted in favor of the bill.
Next up for the bills, SB 234 will be seen by the Senate Judiciary Committee and HB 517 will meet the House Agriculture & Natural Resources Appropriations Subcommittee.
Comments