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Tallahassee Democrat - Open carry bill "passage is all but assured"

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
I don't know Gray. If SB 234 passes as written, open carry would only be authorized to CWFL holders. Why would a LEO be prohibited from asking to see both your CWFL and ID? By open carrying, you are affirming you have a license to do so, and statute allows the LEO to confirm that.

You also have to show your driver's license on demand while driving (same requirements for pilot's licenses to show on demand). The legislative assumption is that the LEO's demand is being made lawfully.
To lawfully stop and ID someone you need probable cause or reasonable suspicion that a crime is being committed. Just openly carrying does not create reasonable suspicion that you are committing a crime for a stop.
 

brboyer

Regular Member
Joined
Jul 16, 2007
Messages
412
Location
Tampa Bay, Florida, USA
I don't know Gray. If SB 234 passes as written, open carry would only be authorized to CWFL holders. Why would a LEO be prohibited from asking to see both your CWFL and ID? By open carrying, you are affirming you have a license to do so, and statute allows the LEO to confirm that.

In Regalado v. State, Fla: Dist. Court of Appeals, 4th Dist. 2009, the court has this to say:

Despite the obvious potential danger to officers and the public by a person in possession of a concealed gun in a crowd, this is not illegal in Florida unless the person does not have a concealed weapons permit, a fact that an officer cannot glean by mere observation. Based upon our understanding of both Florida and United States Supreme Court precedent, stopping a person solely on the ground that the individual possesses a gun violates the Fourth Amendment.

So this answers the question of whether a LEO can demand production of a CWFL in the following situations
1) The open carry of a pistol magazine now, and
2) The open carry of a firearm (when open carry is 'more legal' than it is today) next year.
without RAS of some criminal activity taking place. The court had this to say (Paraphrased):

Possession of a concealed gun is not illegal in Florida unless the person does not have a concealed weapons permit.
 

ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
To the letter of the law, yes.

This is Case Law defined before the passage of OC. Looking forward into the past (???), will it still stand? I personally know of one Assistant State Attorney who will challenge that notion and take it all the way again. He doesn't think anyone should be allowed to have a gun at all. He used to be a Fed, go figure...

If this goes into effect, I expect OCers to get arrested, and worse, for not showing papers on demand.

Short of a Brady-esque 'blood in the streets' cry, COMMENTS REMOVED BY ADMINISTRATOR: LEO Bashing
 
Last edited:

1 day at a time

New member
Joined
Jan 5, 2011
Messages
4
Location
Orlando
When?

So, with Rick Scott being on TV last night I decided to check on his open carry stuff which led me to this website. And I must first say, GREAT SITE HERE!

My question is when is Scott planning on getting the ball rolling on this? When can we actually expect it to be the new law of the land and not just political bs like all of Obama's campaign promises.

I am by no means comparing Scott and Obama, I think you get my point tho. I don't want to be on this forum 2 years from now saying, "Scott said he was going to... and now I hate him." Like all the Obama supporters are doing.
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
So, with Rick Scott being on TV last night I decided to check on his open carry stuff which led me to this website. And I must first say, GREAT SITE HERE!

My question is when is Scott planning on getting the ball rolling on this? When can we actually expect it to be the new law of the land and not just political bs like all of Obama's campaign promises.

I am by no means comparing Scott and Obama, I think you get my point tho. I don't want to be on this forum 2 years from now saying, "Scott said he was going to... and now I hate him." Like all the Obama supporters are doing.

The ball is rolling about as fast as it can. Senate Bill 234 has been filed and a lot of other behind-the-scenes work is ongoing to reform Florida gun laws.
 

Gray Peterson

Founder's Club Member - Moderator
Joined
May 12, 2006
Messages
2,236
Location
Lynnwood, Washington, USA
So, with Rick Scott being on TV last night I decided to check on his open carry stuff which led me to this website. And I must first say, GREAT SITE HERE!

My question is when is Scott planning on getting the ball rolling on this? When can we actually expect it to be the new law of the land and not just political bs like all of Obama's campaign promises.

I am by no means comparing Scott and Obama, I think you get my point tho. I don't want to be on this forum 2 years from now saying, "Scott said he was going to... and now I hate him." Like all the Obama supporters are doing.

Governor's are not dictators. We have a separation of powers and the Legislature must pass a law first so that Governor Scott can sign it. We definitely have the votes to get repeal the OC ban for license holders. We *might* have the votes to get one through that allows for unlicensed OC, but that's much less of a certainty. I believe the current trajectory long term is to get licensed OC, and then go for constitutional carry in order to eliminate the need for a license to carry.
 

1 day at a time

New member
Joined
Jan 5, 2011
Messages
4
Location
Orlando
Governor's are not dictators. We have a separation of powers and the Legislature must pass a law first so that Governor Scott can sign it. We definitely have the votes to get repeal the OC ban for license holders. We *might* have the votes to get one through that allows for unlicensed OC, but that's much less of a certainty. I believe the current trajectory long term is to get licensed OC, and then go for constitutional carry in order to eliminate the need for a license to carry.

So, timeline?
 
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