Mossy_35
New member
imported post
I recently went to Tallahassee to do some research on the history of firearm/weapon laws in the state. I figure if we are going to get our rights given back to us, we need to know how the State got us to where we are now. Here is what I found:
History of Carry Law in Florida
Could not find any information prior to 1893, I would have to guess that carrying was generally legal. Perhaps contingent to the discretion of local law enforcement.
1893, June 2 – Chapter 4147 is passed:[/b] Florida Legislature regulates the carrying of “Winchester or other repeating rifle”. Requires that an individual seek a license from County Commissioners to carry in that respective county. $100 surety bond is required as well as record of the make and model of weapon to be carried. Waive goodbye to the 2[suP]nd[/suP] amendment![/i]
1901, May 1 – Chapter 4928 is passed:[/b] Florida Legislature amends Chapter 4147 (1893) to include pistols. Also states that Chapter 4147 does not pertain to concealed carry laws existing, or created in the future. Open carry only, with license![/i]
1901, May 31 – Chapter 4929 is passed:[/b] Florida Legislature declares the concealed carry of any weapon a breach of peace and provides penalty, except for LEO’s.
1903, May 26 – Chapter 5139 is passed:[/b] Florida Legislature amends Chapter 4147 to direct boards of County Commissioners to only grant licenses to persons at least 21 years of age and of good moral character.
Legislative nomenclature changed in 1930's
1965, June 25 – Chapter 65-410 is passed:[/b] Florida Legislature creates FS 790.25, which is very similar to the statute today. Includes exceptions to when licenses are not required to carry a weapon. Does not include an exception to concealed carry law, as exists today in FS 790.25
1967, June 8 – Chapter 67-165 is passed:[/b] Florida Legislature amends FS 790.01 (concealed carry law) to clarify penalties and add another government entity which is exempt from penalty.
1982, April 6 – Chapter 82-131 is passed:[/b] Florida Legislature amends FS 790.001 by defining what “Readily accessible for immediate use” means. Also amends FS790.25 by adding subsection (5) to declare that it is lawful to keep a concealed firearm or weapon for self-defense in a private conveyance, without a license, as long as it is not readily accessible for immediate use.
Here is where it gets interesting:[/i]
1987, May 12 – Chapter 87-23 is passed:[/b] Florida Legislature passes the Joe Carlucci Uniform Firearms Act, preempting all firearms regulations, except for county handgun waiting periods. These can exceed the 3-day limit given by the state, but cannot be less than.
1987, May 12 – Chapter 87-24 is passed:[/b] Also known as the Jack Hagler self-defense act, the Florida Legislature amends FS 790.06 (licensing law, previously Chapter 4147) to authorize the Department of State to issue concealed carry licenses and provides procedure. Also repeals FS 790.05 (penalty for carrying w/o license).
Note: The state has now mandated that Concealed Carry can only be done if an individual is issued a state issued license. The open carry law (790.06) was revised to not pertain to open carry at all. So, Floridians could openly carry without a license now (I’m sure this was not the intent) until:
[/b]1987, October 10 – Chapter 87-537 is passed:[/b] Florida Legislature calls a special session to hear House Bill 28-B. Generally this procedure takes weeks of deliberation, and compromise. The House read the bill 3 times and passed it unanimously. The Senate accepted it, read it, and passed it unanimously. This bill passed in a matter of hours. FS 790.053 is created, declaring the open carry of firearms and weapons unlawful, except as provided by law. FS 790.25 is amended to allow open carry and concealed carry only under certain circumstances.
What I have not been able to find is what transpired the events in 1987. Unfortunately, I was not even a zygote at this point, so if anyone was around and following the 2A events, please comment. Who is Jack Hagler and how is he releated to the concealed carry law? In the 5 months between the Concealed Carry Law passage and Open Carry Law prohibitation, what happened? Why did the Legislature snap into action and ban open carry in a matter of hours?
There is another thread that provides a little info on this, but with no sources:
http://opencarry.mywowbb.com/forum17/16729.html
Sources are available upon request.... I did a lot of xeroxing while in Tallahassee
Tucky
I recently went to Tallahassee to do some research on the history of firearm/weapon laws in the state. I figure if we are going to get our rights given back to us, we need to know how the State got us to where we are now. Here is what I found:
History of Carry Law in Florida
Could not find any information prior to 1893, I would have to guess that carrying was generally legal. Perhaps contingent to the discretion of local law enforcement.
1893, June 2 – Chapter 4147 is passed:[/b] Florida Legislature regulates the carrying of “Winchester or other repeating rifle
1901, May 1 – Chapter 4928 is passed:[/b] Florida Legislature amends Chapter 4147 (1893) to include pistols. Also states that Chapter 4147 does not pertain to concealed carry laws existing, or created in the future. Open carry only, with license![/i]
1901, May 31 – Chapter 4929 is passed:[/b] Florida Legislature declares the concealed carry of any weapon a breach of peace and provides penalty, except for LEO’s.
1903, May 26 – Chapter 5139 is passed:[/b] Florida Legislature amends Chapter 4147 to direct boards of County Commissioners to only grant licenses to persons at least 21 years of age and of good moral character.
Legislative nomenclature changed in 1930's
1965, June 25 – Chapter 65-410 is passed:[/b] Florida Legislature creates FS 790.25, which is very similar to the statute today. Includes exceptions to when licenses are not required to carry a weapon. Does not include an exception to concealed carry law, as exists today in FS 790.25
1967, June 8 – Chapter 67-165 is passed:[/b] Florida Legislature amends FS 790.01 (concealed carry law) to clarify penalties and add another government entity which is exempt from penalty.
1982, April 6 – Chapter 82-131 is passed:[/b] Florida Legislature amends FS 790.001 by defining what “Readily accessible for immediate use” means. Also amends FS790.25 by adding subsection (5) to declare that it is lawful to keep a concealed firearm or weapon for self-defense in a private conveyance, without a license, as long as it is not readily accessible for immediate use.
Here is where it gets interesting:[/i]
1987, May 12 – Chapter 87-23 is passed:[/b] Florida Legislature passes the Joe Carlucci Uniform Firearms Act, preempting all firearms regulations, except for county handgun waiting periods. These can exceed the 3-day limit given by the state, but cannot be less than.
1987, May 12 – Chapter 87-24 is passed:[/b] Also known as the Jack Hagler self-defense act, the Florida Legislature amends FS 790.06 (licensing law, previously Chapter 4147) to authorize the Department of State to issue concealed carry licenses and provides procedure. Also repeals FS 790.05 (penalty for carrying w/o license).
Note: The state has now mandated that Concealed Carry can only be done if an individual is issued a state issued license. The open carry law (790.06) was revised to not pertain to open carry at all. So, Floridians could openly carry without a license now (I’m sure this was not the intent) until:
[/b]1987, October 10 – Chapter 87-537 is passed:[/b] Florida Legislature calls a special session to hear House Bill 28-B. Generally this procedure takes weeks of deliberation, and compromise. The House read the bill 3 times and passed it unanimously. The Senate accepted it, read it, and passed it unanimously. This bill passed in a matter of hours. FS 790.053 is created, declaring the open carry of firearms and weapons unlawful, except as provided by law. FS 790.25 is amended to allow open carry and concealed carry only under certain circumstances.
What I have not been able to find is what transpired the events in 1987. Unfortunately, I was not even a zygote at this point, so if anyone was around and following the 2A events, please comment. Who is Jack Hagler and how is he releated to the concealed carry law? In the 5 months between the Concealed Carry Law passage and Open Carry Law prohibitation, what happened? Why did the Legislature snap into action and ban open carry in a matter of hours?
There is another thread that provides a little info on this, but with no sources:
http://opencarry.mywowbb.com/forum17/16729.html
Sources are available upon request.... I did a lot of xeroxing while in Tallahassee
Tucky