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Thread: A Hidden Problem in the Open Carry bill

  1. #1
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    A Hidden Problem in the Open Carry bill

    The "open carry" bill has been modified by the Senate to allow momentary exposure of a firearm by a CWP holder rather than pure "open carry". While that's not the best wording, it will work. The House will likely follow that (HB517 -- SB234). However, there's a HIDDEN problem with both bills that will create a new crime for CWP holders. It's found in the new 790.06(15)(b) & (c) (lines 94-98 of the House bill) that seems to extend the rights of CWP holders to store firearms in their vehicles (we already can -- the law allows that if "securely encased"), but because of the interplay with subsection (d) - makes it a second degree misdemeanor if its done in violation of the parking lot law (ie: 790.251). Thus, a CWP holder will face a criminal penalty that doesn't exist now -- and non-CWP holders will not face any criminal penalty for the same violation.

    The wording should come to a vote as earlier as Tuesday, May 3, or certainly by the end of the week -- so you need to call or fax your legislator, and tell them to take out this part of the bill. Emails will not work!

    Source: http://orlandocriminallawyer.blogspot.com/
    Last edited by seminoles1999; 05-03-2011 at 02:29 AM.

  2. #2
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    Yes,and no- we've already been hounding them about amendments and such.For all the good it has done.
    What's this then look like if we keep calling em up saying put this in/take that out.
    We need to be promoting the concept that we object to the current bill in it's entirety, and working to get Scott to VETO it altogether, if it even makes it to his desk,as-is.

  3. #3
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    Quote Originally Posted by seminoles1999 View Post
    The "open carry" bill has been modified by the Senate to allow momentary exposure of a firearm by a CWP holder rather than pure "open carry". While that's not the best wording, it will work. The House will likely follow that (HB517 -- SB234). However, there's a HIDDEN problem with both bills that will create a new crime for CWP holders. It's found in the new 790.06(15)(b) & (c) (lines 94-98 of the House bill) that seems to extend the rights of CWP holders to store firearms in their vehicles (we already can -- the law allows that if "securely encased"), but because of the interplay with subsection (d) - makes it a second degree misdemeanor if its done in violation of the parking lot law (ie: 790.251). Thus, a CWP holder will face a criminal penalty that doesn't exist now -- and non-CWP holders will not face any criminal penalty for the same violation.

    The wording should come to a vote as earlier as Tuesday, May 3, or certainly by the end of the week -- so you need to call or fax your legislator, and tell them to take out this part of the bill. Emails will not work!

    Source: http://orlandocriminallawyer.blogspot.com/
    Sometimes Jon see things that are just not there...this is one of those times.
    Here are the new sections he references.

    (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.
    (c) This section does not modify the terms or conditions of s. 790.251(7).
    Jon says:
    "but because of the interplay with subsection (d) - makes it a second degree misdemeanor if its done in violation of the parking lot law (ie: 790.251)"
    Uh, an individual with a firearm in his car in a parking lot, cannot violate 790.251 because 790.251 only prohibits employers from taking action against employees!


    As I said before this new language is completely superfluous, but benign. It changes NOTHING!

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