Page 1 of 2 12 LastLast
Results 1 to 25 of 50

Thread: Florida OC Proposed to Senator and Rep

  1. #1
    Opt-Out Members
    Join Date
    Jan 2007
    Location
    , ,
    Posts
    4

    Post imported post

    Well then, let's do something about OC in this Greate State of Florida shall we?

    I contacted our state senator Peaden ( http://www.flsenate.gov/Legislators/...TOKEN=71376799 ) and representative Baxley ( http://flhouse.gov/Sections/Represen...p;SessionId=54 ) and I urge you to do the same!

    I emailed them a draft of OC legislation which could either make Florida a gold star state or licensed OC state. The draft created by Lonnie Wilson, great many thanks for his effor!!!

    Here's the proposed legislation (I beg you to contact our politicians and ask for their support of OC in this state) :

    Method 1) Gold Star Open Carry

    A bill to be entitled an relating to weapons and firearms; harmonizing language; repeal of 790.053, in regards to the open carrying of firearms;

    Section 1. s. 790.015, Florida Statutes, is hereby amended to read:
    790.015 Nonresidents who are United States citizens and hold a concealed weapons or firearms license in another state; reciprocity.--

    (1) Notwithstanding s. 790.01, a resident of the United States who is a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:

    (a) Is 21 years of age or older; and

    (b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.

    (2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.

    (3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by registering to vote, or making a statement of domicile pursuant to s. 222.17, or filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence. This section applies only to nonresident concealed weapon or concealed firearm license holders licenseholders from states that honor Florida concealed weapon or concealed firearm licenses.
    Section 2. s. 790.053, Florida Statutes is hereby repealed.
    Section 3. s. 790.145, Florida Statutes, is hereby repealed
    Section 4 s. 790.25, Florida Statutes, is amended to read:-
    790.25 Lawful ownership, possession, and use of firearms and other weapons.--
    (1) DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.

    (2) USES NOT AUTHORIZED.--

    (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.

    (b) The protections of this section do not apply to the following:

    1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;

    2. Vagrants and other undesirable persons as defined in 1s. 856.02;

    23. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.

    (3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

    (c) Persons carrying out or training for emergency management duties under chapter 252;

    (d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;

    (e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;

    (f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

    (g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;

    (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

    (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

    (k) A person firing weapons in a safe and secure indoor range for testing and target practice;

    (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

    (m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;

    (n) A person possessing arms at his or her home or place of business;

    (o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.

    (p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.

    (4) CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
    (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

    Section 6. This act shall take effect on October 1st after approval.

    Method 2) Licensed Open Carry on Foot, Gold Star in Vehicle

    A bill to be entitled an relating to weapons and firearms; harmonizing language; amendment of s. 790.06, and other provisions, in regards to the open carrying of firearms;

    Section 1. s. 790.015, Florida Statutes, is hereby amended to read:
    790.015 Nonresidents who are United States citizens and hold a concealed weapons or firearms license in another state; reciprocity.--

    (1) Notwithstanding s. 790.01, a resident of the United States who is a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:

    (a) Is 21 years of age or older; and

    (b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.

    (2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.

    (3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by registering to vote, or making a statement of domicile pursuant to s. 222.17, or filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence. This section applies only to nonresident concealed weapon or concealed firearm license holders licenseholders from states that honor Florida concealed weapon or concealed firearm licenses.

    Section 2. s. 790.06, Florida Statutes, is hereby amended to read:
    790.06 License to carry concealed weapon or firearm.--
    (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 5 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm whether concealed or openly notwithstanding the provisions of s. 790.01 and s. 790.053. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

    (2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:

    (a) Is a resident of the United States or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country;

    (b) Is 21 years of age or older;

    (c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;

    (d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony;

    (e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted;

    (f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been committed under chapter 397 or under the provisions of former chapter 396 or has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;

    (g) Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;

    (h) Demonstrates competence with a firearm by any one of the following:

    1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;

    2. Completion of any National Rifle Association firearms safety or training course;

    3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;

    4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

    5. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;

    6. Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or

    7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;

    A photocopy of a certificate of completion of any of the courses or classes; or an affidavit from the instructor, school, club, organization, or group that conducted or taught said course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this paragraph; any person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm;

    (i) Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of any other state, unless 5 years have elapsed since the applicant's restoration to capacity by court order;

    (j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of submission of the application;

    (k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged;

    (l) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and

    (m) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

    (3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence.

    (4) The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and Consumer Services and shall include:

    (a) The name, address, place and date of birth, race, and occupation of the applicant;

    (b) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3);

    (c) A statement that the applicant has been furnished a copy of this chapter and is knowledgeable of its provisions;

    (d) A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under s. 837.06; and

    (e) A statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense.

    (5) The applicant shall submit to the Department of Agriculture and Consumer Services:

    (a) A completed application as described in subsection (4).

    (b) A nonrefundable license fee not to exceed $85, if he or she has not previously been issued a statewide license, or a nonrefundable license fee not to exceed $70 for renewal of a statewide license. Costs for processing the set of fingerprints as required in paragraph (c) shall be borne by the applicant. However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a "law enforcement officer," "correctional officer," or "correctional probation officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the licensing requirements of this section. If any individual holding an active certification from the Criminal Justice Standards and Training Commission as a "law enforcement officer," a "correctional officer," or a "correctional probation officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) wishes to receive a concealed weapons or firearms license, such person is exempt from the background investigation and all background investigation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants. Further, a law enforcement officer, a correctional officer, or a correctional probation officer as defined in s. 943.10(1), (2), or (3) is exempt from the required fees and background investigation for a period of 1 year subsequent to the date of retirement of said officer as a law enforcement officer, a correctional officer, or a correctional probation officer.

    (c) A full set of fingerprints of the applicant administered by a law enforcement agency.

    (d) A photocopy of a certificate or an affidavit or document as described in paragraph (2)(h).

    (e) A full frontal view color photograph of the applicant taken within the preceding 30 days, in which the head, including hair, measures 7/8 of an inch wide and 11/8 inches high.

    (6)(a) The Department of Agriculture and Consumer Services, upon receipt of the items listed in subsection (5), shall forward the full set of fingerprints of the applicant to the Department of Law Enforcement for state and federal processing, provided the federal service is available, to be processed for any criminal justice information as defined in s. 943.045. The cost of processing such fingerprints shall be payable to the Department of Law Enforcement by the Department of Agriculture and Consumer Services.

    (b) The sheriff's office shall provide fingerprinting service if requested by the applicant and may charge a fee not to exceed $5 for this service.

    (c) The Department of Agriculture and Consumer Services shall, within 90 days after the date of receipt of the items listed in subsection (5):

    1. Issue the license; or

    2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection (2) or subsection (3). If the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to chapter 120.

    3. In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.

    (d) In the event a legible set of fingerprints, as determined by the Department of Agriculture and Consumer Services or the Federal Bureau of Investigation, cannot be obtained after two attempts, the Department of Agriculture and Consumer Services shall determine eligibility based upon the name checks conducted by the Florida Department of Law Enforcement.

    (e) A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country must be issued a license within 20 days after the date of the receipt of a completed application, certification document, color photograph as specified in paragraph (5)(e), and a nonrefundable license fee of $300. Consular security official licenses shall be valid for 1 year and may be renewed upon completion of the application process as provided in this section.

    (7) The Department of Agriculture and Consumer Services shall maintain an automated listing of licenseholders license holders and pertinent information, and such information shall be available on-line, upon request, at all times to all law enforcement agencies through the Florida Crime Information Center.

    (8) Within 30 days after the changing of a permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify the Department of Agriculture and Consumer Services of such change. Failure to notify the Department of Agriculture and Consumer Services pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25.

    (9) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom the same was issued may, upon payment of $15 to the Department of Agriculture and Consumer Services, obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the Department of Agriculture and Consumer Services that such license has been lost or destroyed.

    (10) A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee:

    (a) Is found to be ineligible under the criteria set forth in subsection (2);

    (b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;

    (c) Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to s. 790.23;

    (d) Is found guilty of a crime under the provisions of chapter 893, or similar laws of any other state, relating to controlled substances;

    (e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under s. 856.011(3), or similar laws of any other state;

    (f) Is convicted of a second violation of s. 316.193, or a similar law of another state, within 3 years of a previous conviction of such section, or similar law of another state, even though the first violation may have occurred prior to the date on which the application was submitted;

    (g) Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other state; or

    (h) Is committed to a mental institution under chapter 394, or similar laws of any other state.

    (11)(a) No less than 90 days before the expiration date of the license, the Department of Agriculture and Consumer Services shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the Department of Agriculture and Consumer Services. The licensee must renew his or her license on or before the expiration date by filing with the Department of Agriculture and Consumer Services the renewal form containing a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3), a color photograph as specified in paragraph (5)(e), and the required renewal fee. Out-of-state residents must also submit a completed fingerprint card and fingerprint processing fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate payment of fees, and, if applicable, a completed fingerprint card. Additionally, a licensee who fails to file a renewal application on or before its expiration date must renew his or her license by paying a late fee of $15. A license may not be renewed 180 days or more after its expiration date, and such a license is deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees under subsection (5) must be submitted, and a background investigation shall be conducted pursuant to this section. A person who knowingly files false information under this subsection is subject to criminal prosecution under s. 837.06.

    (b) A license issued to a servicemember, as defined in s. 250.01, is subject to paragraph (a); however, such a license does not expire while the servicemember is serving on military orders that have taken him or her over 35 miles from his or her residence and shall be extended, as provided in this paragraph, for up to 180 days after his or her return to such residence. If the license renewal requirements in paragraph (a) are met within the 180-day extension period, the servicemember may not be charged any additional costs, such as, but not limited to, late fees or delinquency fees, above the normal license fees. The servicemember must present to the Department of Agriculture and Consumer Services a copy of his or her official military orders or a written verification from the member's commanding officer before the end of the 180-day period in order to qualify for the extension.

    (12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or carry a firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    (13) All moneys collected by the department pursuant to this section shall be deposited in the Division of Licensing Trust Fund, and the Legislature shall appropriate from the fund those amounts deemed necessary to administer the provisions of this section. All revenues collected, less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over the 35-year licensure period. Notwithstanding the provisions of s. 493.6117, all moneys collected pursuant to this section shall not revert to the General Revenue Fund; however, this shall not abrogate the requirement for payment of the service charge imposed pursuant to chapter 215.

    (14) All funds received by the sheriff pursuant to the provisions of this section shall be deposited into the general revenue fund of the county and shall be budgeted to the sheriff.

    (15) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.
    (16) The Department of Agriculture and Consumer Services shall maintain statistical information on the number of licenses issued, revoked, suspended, and denied.
    (17) As amended by chapter 87-24, Laws of Florida, this section shall be known and may be cited as the "Jack Hagler Self Defense Act."

    Section 5. s. 790.145, Florida Statutes, is hereby repealed
    Section 6. s. 790.25, Florida Statutes, is amended to read:-
    790.25 Lawful ownership, possession, and use of firearms and other weapons.--
    (1) DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.

    (2) USES NOT AUTHORIZED.--

    (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.

    (b) The protections of this section do not apply to the following:

    1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;

    2. Vagrants and other undesirable persons as defined in 1s. 856.02;

    23. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.

    (3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

    (c) Persons carrying out or training for emergency management duties under chapter 252;

    (d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;

    (e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;

    (f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

    (g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;

    (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

    (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

    (k) A person firing weapons in a safe and secure indoor range for testing and target practice;

    (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

    (m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;

    (n) A person possessing arms at his or her home or place of business;

    (o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.

    (p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.

    (4) CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
    (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012
    Section 6. This act shall take effect on October 1st after approval.


  2. #2
    Regular Member
    Join Date
    May 2006
    Location
    Olympia, WA
    Posts
    766

    Post imported post

    Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm whether concealed or openly

    There's some redundant language there that makes no sense.

    Wouldn't it be better to state:

    "Any person in compliance with the terms of such license may carry a weapon or firearm concealed or openly"?

  3. #3
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    I looked at the bill draft, though I stated that I corrected it when I got home. I just got home and there is a strikethrough on concealed that you pointed out was wrong. It's just that armed polak didn't translate it over.

  4. #4
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005

    Post imported post

    I contacted Baxley as well and four others, 2 reps and 2 senators. I got a response from the reps. One said he was for the open carry of weapons but the parliamentary schedule was full. Another said it would have to wait till next year too, and didn't say anything for or against the proposal.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  5. #5
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Figured that.

    Can you email me or PM me the details on who you talked to, maybe a copy of the email responses so I can analyze it?

    -Lonnie

  6. #6
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005

    Post imported post

    What follows is my e-mail to them and then their responses:

    To the Honorable D. Alan Hays;

    I would like to see Florida join the other states that allow the open
    carrying of firearms. Carrying a concealed weapon makes more sense for
    purposes of personal protection as any potential aggressors may
    attempt to neutralize a person visibly carrying a weapon before they
    commit a crime. However, as a matter of convenience, particularly
    when transporting or carrying a weapon in hot weather, having to worry
    about keeping the gun completely out of sight can be very difficult and
    uncomfortable. The citizens of many states with milder climates do not
    have this problem because their concealed weapon permits are valid for
    open and concealed carry. Please consider introducing or supporting
    legislation that would enable Floridians to do the same. Thank you for
    your time.

    Zach,
    Thanks for writing. While I have no opposition to open carrying of weapons, all my bill slots are filled for the upcoming legislative session. Also, this past Friday, January 26, was the last day to submit proposed legislation to "bill drafting." What that means is, if you didn't have the idea into the bill drafting department before 5 PM this past Friday, you are out of luck for this year.
    Another consideration, is how much citizen support is out there for open display of weapons? To get the Castle Doctrine law passed two years ago, was extremely difficult and frankly, I doubt this open display idea will get very far in the legislature.
    My suggestion is to run your idea by the state NRA organization and see what their ideas are pertaining to the best way to bring such a law into being.
    Thanks again for writing,
    D. Alan Hays, DMD
    State Representative, District 25




    Dear Zach,

    Thank you for contacting me regarding open carrying of firearms. The
    Florida House of Representatives rules only allow for the filing of six
    (6)pieces of legislation per Legislative Session. I have already filed
    into bill drafting my allowed limit for the 2007 Legislative Session.

    I appreciate your sharing your concerns with me. I hope you will
    continue to do so in the future.

    Sincerely,

    Sandy Adams
    State Representative, District 33
    2074 Winter Springs Blvd.
    Oviedo, Florida 32765
    407-977-4020



    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  7. #7
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005

    Post imported post

    Even though Baxley didn't e-mail me back, my family actually knows his well and I
    know for a fact he would be supportive of such a measure, given that he opposed having to get a permit to carry in the first place, open or concealed.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  8. #8
    Regular Member
    Join Date
    Mar 2007
    Location
    Roanoke, Virginia, USA
    Posts
    40

    Post imported post

    Hey guys, greetings from the Commonwealth of Virginia. As a former resident of FL for over 20 years, I support you in your efforts to gain open carry laws. One thing that may help you in your fight is that, in VA, we do not need a permit to open carry. All that is required for open carry is to be 18 years old and be able to legally own a firearm. Perhaps that is the angle you can push for. Best of luck in your struggle.

  9. #9
    Regular Member
    Join Date
    Sep 2006
    Location
    , ,
    Posts
    949

    Post imported post

    Status update, please?

  10. #10
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    1

    Post imported post

    I know I'm late to the game on this one, but I am gearing up to start to help with the push for Open Carry in Florida. Unfortunately, we're not going to do much separately and it would be great if there was something akin to the Virginia Citizens Defense League for us to rally behind.

    I'm going to make my pitch to my senator & representatives. I've dealt with them before regarding issues with my concealed permit, and I know for a fact that they actively search for their names online (when one of my representatives failed to even supply a cursory "thank you for your letter" letter and I complained online, I got a call from his office the next week regarding my "disappointment").

    We need this dearly in Florida, but we're going to face an uphill battle. Many CCW holders and hunters fear the thought of "pressing their luck" and think that by drawing attention to the failure of the state to recognize our rights will cause the state to clamp down. We need to be well informed, backed with facts and statistics, and keep a level head in order to get this going. Personal attacks, insults, and rudeness will do nothing for us.

    I'd even be willing to set up a web site (FloridaOpenCarry.org or something) if we need a central place for documents (this board is fine for a forum).

    Lonnie, I've tried to contact you but with no success. I'm going to look over the draft myself, but I'd like to get it into PDF or some other slightly more formal format if possible.

    Thanks,
    Robb

  11. #11
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Rob,

    I'm sorry for not responding to emails. I've been swamped with work for the last 4 months as many others here can attest, and I've been doing my best to keep things together in the Northwest.

    Best people to contact about this is to A) Form your own group and B) Contact the Unified Sportsmen of Florida (specifically Marion Hammer). A combination of these two factors helped NWCDL and previously PNWOC push for acceptance of Open Carry.

  12. #12
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    121

    Post imported post

    I read this at the Government website.

    SECTION 7. Passage of bills.--Any bill may originate in either house and after passage in one may be amended in the other. It shall be read in each house on three separate days, unless this rule is waived by two-thirds vote; provided the publication of its title in the journal of a house shall satisfy the requirement for the first reading in that house. On each reading, it shall be read by title only, unless one-third of the members present desire it read in full. On final passage, the vote of each member voting shall be entered on the journal. Passage of a bill shall require a majority vote in each house. Each bill and joint resolution passed in both houses shall be signed by the presiding officers of the respective houses and by the secretary of the senate and the clerk of the house of representatives during the session or as soon as practicable after its adjournment sine die.
    History.--Am. S.J.R. 1349, 1980; adopted 1980.



    So if this bill can get into the house or the senate - it can be voted on and passed to theother house. So you only need one person to submit it.

    I am not positive, but I think that according to the rules, anyone may submit a bill, even a citizen. I wasn't able to find a specific reference for that, although it has to be laid out in words somewhere. I'm sick of the pigs changing the rules on the wall. Sick of it.

    My guess is to put up a webpage - start a grass roots movement to make the change, then try to enlist the help of a senator or congressman (or run for office yoruself with this as your platform) and make the change. I've grown tired of feeling like a criminal whenever I walk out of the house with a 9mm holstered secretly under my shirt.



  13. #13
    Campaign Veteran
    Join Date
    Mar 2008
    Location
    Palm Bay, Florida, USA
    Posts
    238

    Post imported post

    I know of threepeople right now to help out with anything that needs to be done.

    Do we write certain people. I would really like to see open carry in Fl.

    Any suggestions?

    Should we start a petition?




    Eternal vigilance is the price of liberty.

  14. #14
    Regular Member
    Join Date
    Aug 2007
    Location
    , Florida, USA
    Posts
    22

    Post imported post

    FzSBLACKMAGICK wrote:
    I know of threepeople right now to help out with anything that needs to be done.

    Do we write certain people. I would really like to see open carry in Fl.

    Any suggestions?

    Should we start a petition?



    I'll register and set up a website for people to fill out a form and have it sent to the correct people. Just tell me who it needs to go to and what is should say.

    I just sent off my CCW app and even if OC was legal I probably would not OC most of the time but it would be great not to have to worry about printing or accidental display.

  15. #15
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    121

    Post imported post

    More, more, more!

    This is a good start. I would happily sign a petition like that.

    But stories of open carry being used for good are also needed. The pro-victim people will use stories of open carry gone bad, we need stories of open carry going good.

    Set up the web page and put a link where people can forward news stories of open carry gone good and generate a base of stories, and that in combination with a petition might do some good.

  16. #16
    Regular Member
    Join Date
    Aug 2007
    Location
    , Florida, USA
    Posts
    22

    Post imported post

    GIdeon_70 wrote:
    More, more, more!

    This is a good start. I would happily sign a petition like that.

    But stories of open carry being used for good are also needed. The pro-victim people will use stories of open carry gone bad, we need stories of open carry going good.

    Set up the web page and put a link where people can forward news stories of open carry gone good and generate a base of stories, and that in combination with a petition might do some good.
    How would we find stories about the crime the OC deterred?

    Yall give me some language and where it should go and I will set it up.

  17. #17
    Regular Member
    Join Date
    Dec 2007
    Location
    , Florida, USA
    Posts
    184

    Post imported post

    even though I CCW I would sign the petition, can't help with meetings as I am up north till mid april

    post the petition here I will add my name

    Sprat

  18. #18
    Campaign Veteran
    Join Date
    Mar 2008
    Location
    Palm Bay, Florida, USA
    Posts
    238

    Post imported post

    flcaptainbill wrote:
    FzSBLACKMAGICK wrote:
    I know of threepeople right now to help out with anything that needs to be done.

    Do we write certain people. I would really like to see open carry in Fl.

    Any suggestions?

    Should we start a petition?



    I'll register and set up a website for people to fill out a form and have it sent to the correct people. Just tell me who it needs to go to and what is should say.

    I just sent off my CCW app and even if OC was legal I probably would not OC most of the time but it would be great not to have to worry about printing or accidental display.
    I think you could makesomething like this...

    http://www.petitiononline.com/texasoc/petition.html

    I have no skills whatsoever with making a website, so if you could do something like that, that would be great.

    Still waiting on my CCW too ;(



    I hear ya, I probably wouldn't OC ALL of the time, but as someone on this board put it, I hate having to hide it like I'm some criminal.



    Post the link once ya get it set up!


    Eternal vigilance is the price of liberty.

  19. #19
    Campaign Veteran
    Join Date
    Mar 2008
    Location
    Palm Bay, Florida, USA
    Posts
    238

    Post imported post

    Oh and you can just do like they did and make it out to:



    To: Florida State Legislator and Governor Charlie Crist



    I just don't know at what point you would send it to him, like what amount of signatures would we feel is compelling?

    2 or 3000?

    IDK, but I'd do my best to get word out there so people would sign it.










    Eternal vigilance is the price of liberty.

  20. #20
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    121

    Post imported post

    FzSBLACKMAGICK wrote:
    flcaptainbill wrote:
    FzSBLACKMAGICK wrote:
    I know of threepeople right now to help out with anything that needs to be done.

    Do we write certain people. I would really like to see open carry in Fl.

    Any suggestions?

    Should we start a petition?



    I'll register and set up a website for people to fill out a form and have it sent to the correct people. Just tell me who it needs to go to and what is should say.
    I just sent off my CCW app and even if OC was legal I probably would not OC most of the time but it would be great not to have to worry about printing or accidental display.
    I think you could makesomething like this...

    http://www.petitiononline.com/texasoc/petition.html

    I have no skills whatsoever with making a website, so if you could do something like that, that would be great.

    Still waiting on my CCW too ;(



    I hear ya, I probably wouldn't OC ALL of the time, but as someone on this board put it, I hate having to hide it like I'm some criminal.



    Post the link once ya get it set up!



    I agree. If you contact the fellow that created the website, I am sure that he would be more than happy to give you the source code.

    Also, instead of doing it petition style, how about linking to a mailto page that would append the signature of the person that signed it. Do we have any web designers on board that would be willing to write the code?

    Also, if anyone is living close to Daytona Beach, then how about a meetup?

  21. #21
    Regular Member
    Join Date
    Jun 2007
    Location
    Sierra Vista, AZ
    Posts
    111

    Post imported post

    I never liked the "21 years old" limitations. Smacks of punishing the innocent and sounds like the usual anit's claims and logic for denying gun ownership. 18 year olds that volunteer for the services are charged with the responsibility of keeping us free but cannot carry a firearm in some states.Ridiculous.

  22. #22
    Accomplished Advocate BB62's Avatar
    Join Date
    Aug 2006
    Location
    Cincinnati, Ohio, USA
    Posts
    3,887

    Post imported post

    I'd love to know the history of how a RIGHT in Florida (OC) was converted to a PRIVILEGE by changing the state Constitution.

    That is how it happened, right?

  23. #23
    Campaign Veteran
    Join Date
    Mar 2008
    Location
    Palm Bay, Florida, USA
    Posts
    238

    Post imported post

    BB62 wrote:
    I'd love to know the history of how a RIGHT in Florida (OC) was converted to a PRIVILEGE by changing the state Constitution.

    That is how it happened, right?
    Dunno, but if I don't see an OC bill forthcoming soon, I'llbe checking out other states to call home.
    Eternal vigilance is the price of liberty.

  24. #24
    Regular Member
    Join Date
    Aug 2007
    Location
    , Florida, USA
    Posts
    22

    Post imported post


    Also, instead of doing it petition style, how about linking to a mailto page that would append the signature of the person that signed it. Do we have any web designers on board that would be willing to write the code?
    Tried a mailto link. The string of characters for the body of the e-mail was too long.

    Got swamped with other things hope to have the petition page set up in a week or so.

    Bill R.



  25. #25
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    Ok, unfortunately I have quite a few issues with the whole situation in Florida. I lived there 13 years and wanted to see open carry pass, but I left before I was 21 years of age.

    The first person that you really need to convince to push this bill is Marion Hammer, the Executive Director of Unified Sportsmen of Florida. I'll see if I can contact her.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •