-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
Media article on Fl gun law and OC- How many mistakes can you find?
- Thread starter 77zach
- Start date
Mas49.56
Regular Member
Well for one, nowhere in the law does it say the BOC has to be "Accidental".
1. "New law clarifies accidental weapon exposure issue; goes into effect Oct. 1"
Incorrect. SB 234, the bill that related to accidental weapons exposure, was effective upon the Governor's signature in June. HB 45, the bill that adds teeth to preemption becomes effective on Oct. 1.
2. "The Open Carry law says if a person displays a firearm in an angry or threatening manner for reasons other than self-defense, it would be considered a violation and would be charged as a second-degree misdemeanor."
Incorrect. It was not an "open carry law" as it does not address open carry in any way. It deals with accidental or non-threatening exposure of a concealed firearm.
3. "The law also allows registered firearm owners to have weapons in their cars."
Incorrect. There is no such thing as either a registered firearm or a registered owner in Florida.
4. "However, the language of the new law has been modified to say, "Nothing in this section would preclude a judge from carrying a concealed weapon or determine who will carry a concealed weapon in his or her courtroom."
Incorrect. The previous iteration of 790.06 said exactly, word for word, the same thing. The list of prohibited places was changed to be a numbered list rather than a rambling paragraph, but no change to the wording regarding courtrooms was made.
5. "The restrictions on where guns cannot be carried remain mostly the same. But the law does provide that guns are now allowed at parks and town halls, according to The Miami Herald."
Incorrect. First, the preemption statute has allowed guns in parks and town halls since 1987. The preemption teeth bill amended the original statute to provide punishment for local governments that violate the preemption provisions, however it is an entirely separate law from the accidental exposure law. The way this paragraph is worded, the reader might assume that they are both parts of the same law. I also had to chuckle regarding the disclaimer about the Miami Herald. "Don't blame us, they're the ones that said it!"
6. "Although allowed in town halls, the law prohibits firearms to be carried in a county commission or school board meeting within the town hall in order to avoid gun use in a hostile situation."
Incorrect. The purpose of the law is because the officials are afraid of licensed carriers, while completely ignoring the reality that if someone wanted to murder them at a meeting, a misdemeanor offense of carrying in an unauthorized place would provide no deterrent factor whatsoever.
7. "The statute appears to require less law enforcement except where it's prohibited," meaning that officers will only need to enforce open carry laws in prohibited areas, whereas everywhere else has become an open range to carry firearms."
Incorrect. The prohibited places/activities for open carry of firearms has not changed. Again, inadvertent exposure is not open carry.
8. "Officials and officers who fail to comply with the new law also may be punished by registered firearm carriers, who will be able to sue for damages if they believe their rights have been violated."
Incorrect. Again, no such thing as a registered firearm carrier. Also, gun rights organizations (such as Florida Carry) who have members in a given area have been granted standing to bring suit on behalf of those members.
9. "Since this law was passed, the only restrictions on concealed weapons are those approved by the state Legislature."
Incorrect. It's been this way for 24 years.
10. "But once this law is enacted, that will only be a felony if the person does not have a license to carry a concealed weapon."
Incorrect. Again, it's been this way for 24 years.
11. "Vice Mayor of Miami Gardens Aaron Campbell said, 'This probably passed because of someone from the NRA, someone who doesn't care about urban conditions.' It's sad a piece of legislation can be passed like this."
Incorrect. The preemption teeth bill was passed because the local governments arrogantly ignored state statute for nearly a quarter-century.
Incorrect. SB 234, the bill that related to accidental weapons exposure, was effective upon the Governor's signature in June. HB 45, the bill that adds teeth to preemption becomes effective on Oct. 1.
2. "The Open Carry law says if a person displays a firearm in an angry or threatening manner for reasons other than self-defense, it would be considered a violation and would be charged as a second-degree misdemeanor."
Incorrect. It was not an "open carry law" as it does not address open carry in any way. It deals with accidental or non-threatening exposure of a concealed firearm.
3. "The law also allows registered firearm owners to have weapons in their cars."
Incorrect. There is no such thing as either a registered firearm or a registered owner in Florida.
4. "However, the language of the new law has been modified to say, "Nothing in this section would preclude a judge from carrying a concealed weapon or determine who will carry a concealed weapon in his or her courtroom."
Incorrect. The previous iteration of 790.06 said exactly, word for word, the same thing. The list of prohibited places was changed to be a numbered list rather than a rambling paragraph, but no change to the wording regarding courtrooms was made.
5. "The restrictions on where guns cannot be carried remain mostly the same. But the law does provide that guns are now allowed at parks and town halls, according to The Miami Herald."
Incorrect. First, the preemption statute has allowed guns in parks and town halls since 1987. The preemption teeth bill amended the original statute to provide punishment for local governments that violate the preemption provisions, however it is an entirely separate law from the accidental exposure law. The way this paragraph is worded, the reader might assume that they are both parts of the same law. I also had to chuckle regarding the disclaimer about the Miami Herald. "Don't blame us, they're the ones that said it!"
6. "Although allowed in town halls, the law prohibits firearms to be carried in a county commission or school board meeting within the town hall in order to avoid gun use in a hostile situation."
Incorrect. The purpose of the law is because the officials are afraid of licensed carriers, while completely ignoring the reality that if someone wanted to murder them at a meeting, a misdemeanor offense of carrying in an unauthorized place would provide no deterrent factor whatsoever.
7. "The statute appears to require less law enforcement except where it's prohibited," meaning that officers will only need to enforce open carry laws in prohibited areas, whereas everywhere else has become an open range to carry firearms."
Incorrect. The prohibited places/activities for open carry of firearms has not changed. Again, inadvertent exposure is not open carry.
8. "Officials and officers who fail to comply with the new law also may be punished by registered firearm carriers, who will be able to sue for damages if they believe their rights have been violated."
Incorrect. Again, no such thing as a registered firearm carrier. Also, gun rights organizations (such as Florida Carry) who have members in a given area have been granted standing to bring suit on behalf of those members.
9. "Since this law was passed, the only restrictions on concealed weapons are those approved by the state Legislature."
Incorrect. It's been this way for 24 years.
10. "But once this law is enacted, that will only be a felony if the person does not have a license to carry a concealed weapon."
Incorrect. Again, it's been this way for 24 years.
11. "Vice Mayor of Miami Gardens Aaron Campbell said, 'This probably passed because of someone from the NRA, someone who doesn't care about urban conditions.' It's sad a piece of legislation can be passed like this."
Incorrect. The preemption teeth bill was passed because the local governments arrogantly ignored state statute for nearly a quarter-century.
Last edited:
77zach
Regular Member
Nicely done Rich. Gotta love the media. When they're not apologizing and propagandizing for tyranny, they're spewing false information.
The sad thing is the reporter was probably reporting on what he heard from our legislators. These guys don't know wtf they are doing. I forget who it was, but some legislator emailed back to one of our OCDO guys talking about this law and the legislator was actually convinced that they had passed OC legislation... It's ludacris.