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The Open Carry and Strict Scrutiny bill has been filed

Grapeshot

Legendary Warrior
Joined
May 21, 2006
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Valhalla
On first read I thought his quote was to say the bank robber would take out the open carrier, after reading again that could be a veiled threat that Pinellas Co sheriff officer would shoot law abiding citizens. Chilling,


I grew up in st. Pete, it was a lovely place, I recently returned, 2011/12, the place has changed in many ways, the police state is in full effect.
There is another thread where this was discussed.
http://forum.opencarry.org/forums/s...E-group-opposes-OC&highlight=Pinellas+sheriff
 

district9

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Joined
Apr 28, 2011
Messages
73
Location
usa
I read it as the FPCA thinks this bill has a chance (good) and they want to meddle with the language in exchange for thier support (bad)


Thier first ammendment baring threatening with a firearm seams reasonable enough

Thier second and third weaken the 4th amendment protections in this bill, if police behave and are truly investigating when needed not a big deal, but it opens us up to abuse and harassment from certain municipalities that have an anti-gun agenda.


The fourth requires a holster, while I would never carry without a holster I am not sure I want to be required to carry in a holster.


Is thier support worth the cost? Can we get the bill we want without them?

Good points. I'd say yes to their support being worth the cost. Get legal OC on the books. Once people realize the sky isn't falling we can work on the other stuff.
 

77zach

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Messages
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Location
Marion County, FL
I'm just wondering what is going to make the judiciary chair hear this bill. I'm also wondering about the Rules chair too. You know, the guy who wanted a special permit issued on a discretionary basis for those wanting to carry guns onto university campuses.
 

randian

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Mar 10, 2011
Messages
380
Location
Phoenix, AZ
I'm just wondering what is going to make the judiciary chair hear this bill. I'm also wondering about the Rules chair too. You know, the guy who wanted a special permit issued on a discretionary basis for those wanting to carry guns onto university campuses.
Nothing, I assume, just like every other time the chair killed our gun bills. As politicians are a monkey see/monkey do lot, since California stripped the right to carry on campus from its licensees I doubt we will be able to sustain a campus carry bill.
 
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notalawyer

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Jun 19, 2012
Messages
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Florida
I read it as the FPCA thinks this bill has a chance (good) and they want to meddle with the language in exchange for thier support (bad)


Thier first ammendment baring threatening with a firearm seams reasonable enough

Thier second and third weaken the 4th amendment protections in this bill, if police behave and are truly investigating when needed not a big deal, but it opens us up to abuse and harassment from certain municipalities that have an anti-gun agenda.


The fourth requires a holster, while I would never carry without a holster I am not sure I want to be required to carry in a holster.


Is thier support worth the cost? Can we get the bill we want without them?

Thier first ammendment baring threatening with a firearm seams reasonable enough
That's already unlawful. 790.10

The fourth requires a holster
CAMEL, NOSE, TENT.
They better define 'holster' very, very carefully - but they won't.
 

77zach

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Marion County, FL
Senate break down of open carry

This is worth about as much as you paid for it. But, I have a few minutes of downtime. We will assume (maybe a big assumption) that the House will pass the OC bill. Here is where I see the support in the senate. Yes votes are from previous yes votes in 2011 or this session or verbal or written confirmation. The senate was the problem in 2011.

Abruzzo- Yes
Altman-Yes
Bean- ?
Benacquisto- Yes
Bradley-Yes
Brandes-Yes
Branyon-No
Bullard-No
Clemens-No
Dean-No
Detert-?
Diaz de la Portilla-No
Evers-Yes
Flores-Yes
Gaetz-Yes
Galvano-?
Garcia-Yes
Gardiner-?
Gibson-No
Grimsley-No
Hays-Yes
Hukill-?
Hutson-?
Joyner-No
Latvala-No
Lee-?
Legg-?
Margolis-No
Montford-No
Neg ron-Yes
Richter-Yes
Ring-No
Sachs-No
Simmons-Yes
Simpson-?
Smith-No
Sobel-No
Soto-Yes
Stargel-?
Thompson-No

13 yes, 14 no and 12 ?'s. Now, all of the ?'s are Republican and more will be Yes than No. Therefore, this legislation would survive a floor vote IF it gets voted on there in unmolested form. As we know, there is no way to gauge the quality of the support. The support must be of high quality to make the Judiciary chair (Portilla-No) hear the bill. It must be high to vote down poison pill amendments. Also, I suspect that senate President Gardiner, isn't a huge fan. There is only so much political capital. The NRA really wants to fix the FLSC's crapping on the SYG law and they want campus carry. This isn't their priority, though it should be.

Edit: Grimsley from ? to No
 
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efriday

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Joined
Jun 11, 2009
Messages
58
Location
Shalimar, Florida
initialisms

This is worth about as much as you paid for it. But, I have a few minutes of downtime. We will assume (maybe a big assumption) that the House will pass the OC bill. Here is where I see the support in the senate. Yes votes are from previous yes votes in 2011 or this session or verbal or written confirmation. The senate was the problem in 2011.

Abruzzo- Yes
Altman-Yes
Bean- ?
Benacquisto- Yes
Bradley-Yes
Brandes-Yes
Branyon-No
Bullard-No
Clemens-No
Dean-No
Detert-?
Diaz de la Portilla-No
Evers-Yes
Flores-Yes
Gaetz-Yes
Galvano-?
Garcia-Yes
Gardiner-?
Gibson-No
Grimsley-?
Hays-Yes
Hukill-?
Hutson-?
Joyner-No
Latvala-No
Lee-?
Legg-?
Margolis-No
Montford-No
Neg ron-Yes
Richter-Yes
Ring-No
Sachs-No
Simmons-Yes
Simpson-?
Smith-No
Sobel-No
Soto-Yes
Stargel-?
Thompson-No

14 yes, 13 no and 13 ?'s. Now, all of the ?'s are Republican and more will be Yes than No. Therefore, this legislation would survive a floor vote IF it gets voted on there in unmolested form. As we know, there is no way to gauge the quality of the support. The support must be of high quality to make the Judiciary chair (Portilla-No) hear the bill. It must be high to vote down poison pill amendments. Also, I suspect that senate President Gardiner, isn't a huge fan. There is only so much political capital. The NRA really wants to fix the FLSC's crapping on the SYG law and they want campus carry. This isn't their priority, though it should be.

I appreciate the excruciating detail with which you are following this issue.
I am trying to stay with it as well, but keep getting stopped by the flurry of initialisms used.
Can you explain SYG,
 

notalawyer

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Joined
Jun 19, 2012
Messages
1,061
Location
Florida
I appreciate the excruciating detail with which you are following this issue.
I am trying to stay with it as well, but keep getting stopped by the flurry of initialisms used.
Can you explain SYG,

I'm pretty sure he is using the media-hyped frequently misnamed/misapplied/completely inaccurate description for the "Stand Your Ground" provisions contained in chapter 776. Heck even some Florida courts call it SYG instead of the proper description: "Justifiable Use of Force".
 
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Grapeshot

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Messages
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Location
Valhalla
I'm pretty sure he is using the media-hyped frequently misnamed/misapplied/completely inaccurate description for the "Stand Your Ground" provisions contained in chapter 776. Heck even some Florida courts call it SYG instead of the proper description: "Justifiable Use of Force".

JUF......:lol:
 

77zach

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Feb 5, 2007
Messages
2,913
Location
Marion County, FL
I appreciate the excruciating detail with which you are following this issue.
I am trying to stay with it as well, but keep getting stopped by the flurry of initialisms used.
Can you explain SYG,

Lawyer is correct, SYG is the natural and common law right of self defense that had to be specifically protected in Florida's Justifiable use of force law. A few Overzealous prosecutors decided they didn't want the tax cows defending themselves. The anti gun media calls it "stand your ground" or the "shoot first" law. They are liars.
 
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ixtow

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Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
Glad I'm not making the list this time. Though, I think it's futile since Portilla is never going to let it come up.
 
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77zach

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Feb 5, 2007
Messages
2,913
Location
Marion County, FL
Glad I'm not making the list this time. Though, I think it's futile since Portilla is never going to let it come up.
Yeah he won't do it without being forced and Gardiner won't push it so I'd be surprised.

Sent from my SM-G900V using Tapatalk
 

77zach

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Feb 5, 2007
Messages
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Location
Marion County, FL
DLP getting some exposure on TTAG.

http://www.thetruthaboutguns.com/20...-key-to-floridas-open-and-campus-carry-bills/

A few thoughts.

OC is much more important than campus carry.
"They" will never allow open carry in schools, even though they should.
There is no reason to oppose concealed carry on campus
Most states don't criminalize campus carry, they let schools expel students for carrying. This would be an acceptable first step and compromise IMO if it would pass. Later, we can shove it down their throats.
 

efriday

Regular Member
Joined
Jun 11, 2009
Messages
58
Location
Shalimar, Florida
amendment filed by Representative Kerner

The following amendment has been filed by Representative Kerner, negating all progress toward Open Carry in Florida proposed by Representative Gaetz.

CS/CS/HB 163 (2016) Weapons and Firearms
http://www.flsenate.gov/Session/Bill/2016/0163
Filed to this Bill:
736117 - Strike All Amendment filed by Representative Gaetz
http://www.flsenate.gov/Session/Bill/2016/0163/Amendment/736117/PDF
354865 - Substitute Amendment (736117) filed by Representative Kerner
http://www.flsenate.gov/Session/Bill/2016/0163/Amendment/354865/PDF

I have sent an email to Representative Gaetz's office informing him.
 

77zach

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Feb 5, 2007
Messages
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Location
Marion County, FL
The bill passed its final committee stop in the House. The ignorance, lying, mental illness, statism, totalitarian attitudes and philosophies, is very frightening and I'm really freaked out. The Republicans were pathetic, the Democrats need to be rounded up and placed on a remote island surrounded by genetically engineered Mako sharks like they had in "Deep Blue Sea". These people are immature and CRAZY. We'll see if it can get a hearing and survive poison amendments by Latvala and the Democrats in the Senate.
 

efriday

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Messages
58
Location
Shalimar, Florida
poison amendment killed

Actually, Rep Gaetz's office just replied with this message -

"Thank you for your email. The Rep. is currently presenting this bill before the Judiciary Committee, and Rep. Kerner’s substitute amendment was voted on just moments ago. Thankfully, it did not pass. Thank you for your support."
 

ADulay

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Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
Actually, Rep Gaetz's office just replied with this message -

"Thank you for your email. The Rep. is currently presenting this bill before the Judiciary Committee, and Rep. Kerner’s substitute amendment was voted on just moments ago. Thankfully, it did not pass. Thank you for your support."

Wow! I just got finished trying to digest the amendments and your office was all over it before I was finished.

Nicely done and appreciated!

AD
 
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