Hot on the heels of House Bill 45, the recently filed bill that would give real teeth to Florida's long beleaguered preemption statute, comes Senate Bill 234. SB 234, filed on December 10 by Florida Senator Greg Evers, is a virtual cornucopia of new ground for gun owners and carriers. This is a Christmas present of which even Santa would be proud.
Arguably one of the biggest issues in recent Florida gun rights discussion, open carry of firearms would be restored to the citizens of Florida under SB 234, albeit as a licensed privilege. Under current law, a gun owner can only open carry at their own place of residence; place of business; at a range; or when going to, coming from, and during a hunting, camping, or fishing expedition, regardless of license. Florida Open Carry, a grassroots organization has been routinely organizing open carry fishing events at multiple locations throughout the state in order to promote and publicize the practice. Some method of general open carry is legal in 43 states. Passage of SB 234 would permit current and future concealed carry licensees to carry open or concealed at their option.
Another huge change, SB 234 would permit lawful concealed carry on college campuses, in career centers, and private schools. Although the anti-gun rallying cry, "guns and schools don't mix" is heard whenever the subject of campus carry is mentioned, apparently the criminals don't hear it. Criminals know full well that colleges are defense free zones, and have taken advantage of that deficiency in recent armed robberies at Full Sail University in Orlando, University of Florida in Gainesville, and Florida State University in Tallahassee as well as many others. And, not only does the current restriction affect carry on campus, but it also denies students the ability to protect themselves to and from campus, as firearms are not permitted to be locked in cars parked in campus parking lots. Upon being made a law, SB 234 would permit student, teacher, and administrator licensees to carry their firearms on campus.
Speaking of parking, SB 234 additionally provides that a licensed concealed carrier shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes. Currently, private property owners can prohibit firearms storage in vehicles on their property. Current statute only protects the employee's right to keep their firearm in their automobile in a company parking lot during work, but customers and other visitors are not currently protected by law as those provisions were ruled unconstitionally vague.
Senator Evers bill also takes aim at the limitation of purchase of firearms only in contiguous states. Florida residents are currently only legally permitted to purchase firearms from Florida, Georgia, and Alabama. SB 234 repeals the limiting statute, and provides that Floridians will be able to purchase firearms from any state, so long as a National Instant Criminal Background Check System check is performed prior to purchase, and the laws and regulations of the state in which the transaction is made are fulfilled.
Finally, a bit of housekeeping. Prior to last year, one could only get a concealed weapons/firearms license by mail from the Department of Agriculture and Consumer Services (DOACS), Division of Licensing after having fingerprints taken at one's local sheriff's office. That changed following the election of President Obama in November of 2008. As more and more people applied, the licensing office soon became inundated with pending applications. Florida law specified that should an application be in process for 90 days, an interim approval would be granted pending final disposition. In order to alleviate the backlog, DOACS field offices, by appointment, began accepting license applications and electronically scanning fingerprints. Soon, the backlog disappeared, and as of late, people have been receiving their licenses in as little as 7 business days after their appointments. The only problem was that per statute, DOACS was not authorized to take fingerprints. SB 234 fixes that oversight.
So indeed, Santa's bag has a load of potential goodies for Florida's gun owners/carriers. We'll soon find out if the legislature thinks we are naughty or nice!
Comments
Good ! Adding a *GUN HOLSTER* for Open Carrying next summer to mi x-mas list. Time to accessorise boys and girls. HO HO HO
Everyone should have both an EDC (every day carry) and a barbecue gun for those "special times"!
Yes, all the little children should get guns. Don't forget the violent men! And the psychiatrically ill, violent men! Yippeeeee
Florida law still has a de facto carry ban in place for American citizens residing abroad who return home to visit family and friends. Under the current Florida Statutes, if you are a law-abiding U.S. Citizen, live overseas (i.e. not a U.S. resident) you are absolutely prohibited from obtaining a concealed weapons permit from Florida (even if you also maintain your permanent domicile in Florida, as in my case). I've been corresponding with the Florida Department of Agriculture over this blatant discrimination for months. They still refuse to issue a concealed weapons permit (in my case renew my previously valid (but now expired) Florida CWP. I'm pleased with the current legislation, but Florida has a long way to go to be gun-friendly to ALL law-abiding American citizens. The state denies the Second Amendment to a large group of law-abiding citizens and it has to stop!
Why should I need a license for open carry? I thought i read somewhere....Bill of Rights maybe where it's a RIGHT.
The right was about a standing army, not about each and every person in society having a firearm.
To Murmur55 - Totally untrue. The supreme court has upheld that it is the right of the individual to keep and bear arms. A the right to maintain a standing army is an extension of the right of the individual.
The american public is a standing army..... Thats who won the revolution if I remember correctly.
I may be wrong, but I'd have to vote against the bill because of the "norming" process. OC will not be like driving a car. Every time you do it in a crowded area, the police will demand to see your papers. Many times, even hold you at gun point and disarm you until the permission slips are produced and checked out. The sheeple's idea that the right to bear arms is a licensed privilege will therefore be strongly reinforced. However, if you're OCing in say, Wyoming or Virginia, when somebody asks "do you have a permit for that" you can say "no, it's my right and no license is required." This "norms" are gun rights in the right direction.
Zach, et al, I would also like to see unlicensed open carry ala Arizona. Fact of the matter is, the Supreme Court left the door wide open with the phrase "reasonable restrictions". What those resonable restrictions are has yet to be determined. Take Peruta v. San Diego, for example. Most people said shall-issue concealed carry was a slam dunk. Didn't happen, and will have to be appealed. Seeing as that case is Ninth Circuit, it will most likely end up with the Supremes.
People have a natural resistance to change. If you try to institute too much change too fast, people will rebel, That being said, no one is saying that we should settle for a privilege when it really is a right. But don't be too quick to throw the baby out with the bath water just because you don't yet see the end game. This is a journey of many steps, and this is just the beginning!
Keep the faith!
Rich
Thanks for helping.
Just because the changes this law provides aren't perfect doesn't mean they aren't steps in the right direction. Yes, I hope most gun owners would agree that carrying a firearm is a protected constitutional right that government can't restrict but until that right is fully established by the supreme court we have to make do with the ground we gain, and that ground is significant, even in Florida. Compare the CCW application process to states like Maryland or New York and you see that we are much further along in the process. The general public will need to get used to the idea of everyday citizens carrying guns but that is only a product of anti-gun indoctrination by the school system and media. Perception is reality, and when open carry becomes legal, each of us can do our part by carrying responsibly and destroying the myth that people who carry guns are out for blood. Public perception will change over time, and with it the law so eventually we all may live in a state (or even a country) that upholds the 2nd ammendment to the same extent as the rest of the constitution.
A little 9yo girl in Arizona won't be taking any "steps". That's on you and yours in the gun rights community.
If open carry passes; I'm getting my Kimber target classic hard chromed and a set of pearl handle grips.
Show off!
Would the OC License be separate from the CC license?
Would the CC License carriers be grandfathered in?
Is there a difference for Resident and NON-Resident?
What would be the "standard" for receiving the OC license? Another $75 class, Another $117 application / fingerprint fee?
No, same license. It would just become an option to OC versus CC for licensed carriers.
We do not need private citizens parading around exhibiting their firearms - enticing violence, gun thefts, police checks and causing the general public to feel uneasy about armed fanatics seeking to test their rights or prove political points.
There is no need for open carry - and it only invites gun nuts to behave in menacing or eratic ways that will endanger my rights to legally posses or carry concealed my own handgun. The laws must recognize that gun fanatics do exist and a mechanism is needed to keep these maladaptive nuts in check. All too often these types would end up looking for threats, challenges, or opportunities to fire the weapon for reasons that are unreasonable. I would be inclined to vote against permitting firearms exhibition by people overly facinated by guns and less that fully in-touch with reality. I've seen too many gun owners who were too irresponsible to be trusted with what carries a grave moral responsibility. This is a really bad idea!
Mr. Roberts, law abiding citizens openly carrying would not be as you said, "inticing violence" You obviously have sipped too much of the liberal kool-aid.
Check Arizona today (1/8/11) for "liberal kool-aid" problems.
It's all about you, violent Americans. Don't think of anyone else. It's about you and your violent toys.
Now we need to get rid of the License so the poor can carry too.
Murmur55: You are forgetting the Fl law on drawing and pointing a handgun is classified as a 3yr prison sentence penalty will still be in effect. Even with open carry you can not draw or threaten anyone. That is a felony.
You will lose your gun and your freedom.
You are over-reacting on this.
The current laws governing exhibition and/or brandishing a firearm are more than enough to keep your average CC going to OC person from doing anything rash. If anything the change I look forward to most is no penalty for for my shirt riding up and exposing my sidearm.
Yes, accidental exposure or "printing" of a concealed firearm should not be such a concern as it is now in Florida. I don't expect to OC, but would appreciate the freedom such a law would provide.
murmur55 "It's all about you, violent Americans. Don't think of anyone else. It's about you and your violent toys."
Violent people don't care about the law American or not. I always think of my family, friends, and if you were in danger I would most likely protect your butt as well! Most of us Americans are not violent and I don't have violent toys, however I do own Firearms that are not toys they are for protects. I would rather be judge by 12 than carried by 6. My firearms would never be used for violence only to prevent it or stop it and your comment on kids and guns well my kids know what a gun will do, they no not to point unless they want to kill what they are pointing at and the number one thing they know is IT IS LOADED! to many people get killed with unloaded guns so if you touch mine know for sure it's loaded. My grandfather has 3 kids, 11 Grandkids, and lord know how many great grand kids. His guns were loaded and almost in every corner of his home and I can say not one injury or death from one of his guns why because we all know what they can do and what they are for. I'm not a violent person nor do I plan to be a victim. I respect my police officers and have worked with lots of them but if I've got to wait on them for protection then i'm just another victim in the news.
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