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Constitutional Carry Bill

color of law

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In that this Constitutional Carry Bill (HB 543) seeks to allow the practice of carrying certain weapons secretly, it is valid, inasmuch as it does not deprive the citizen of his natural right of self-defense, or of his constitutional right to keep and bear arms. But because this Constitutional Carry Bill (HB 543) contains a prohibition against bearing arms openly, it is in conflict with the Constitution, and therefor void.
 

KBCraig

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Definitely looks like no OC for Florida this year.

 

color of law

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Well, if DeSantis is the tough guy he claims he is, he would insist the open carry be removed from the bill. He does want to run for president doesn't he?
 

color of law

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Did you misspeak there is no open carry in this bill how can he remove it.
Well, if DeSantis is the tough guy he claims he is, he would insist the open carry be removed from the bill. He does want to run for president doesn't he?
The operative phrase "remove from the bill."

From the bill.
790.053 Open carrying of weapons.— (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person who carries licensed to carry a concealed firearm as authorized provided in s. 790.01(1) s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
 

cloudcroft

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If it comes to pass (for whatever reason) that OC is not allowed in FL and I LIVED in that state, I'd find it "quite inconvenient" as I almost exclusively OC everywhere I go when out & about (as I do in TX, NM & CO) -- I only CC when I MUST...like in the Walmarts here in El Paso, TX, which don't allow OC anymore after that Walmart mass-shooting here some time back. And at malls I can't OC, but malls are GFZs so actually NO guns are allowed to be carried there, even CC (I carry anyway). All other places I go to daily I continue to OC as per usual. At some point will need to visit my nephew in FL, so I hope OC is legal by then.
 
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jammer

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Good day to all, I think that we should all text Ron D. and let him know that if open carry is not a part of this new permit less carry bill or C/C bill, Then when or if he intends to run for P O T U S, That he may not win do to all of the votes, he will loose because of all the Constitutional carry individuals like us, would probly not vote for him like me.
 

color of law

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Good day to all, I think that we should all text Ron D. and let him know that if open carry is not a part of this new permit less carry bill or C/C bill, Then when or if he intends to run for P O T U S, That he may not win do to all of the votes, he will loose because of all the Constitutional carry individuals like us, would probly not vote for him like me.
Somebody in Florida needs to bring suite against the state that the law is unconstitutional.

Florida's constitution at Article I section 2 in part says: "Basic rights.—All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness..."

Florida's constitution at Article I section 8 in part says: "Right to bear arms.—(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

Section 2 says you have a right to defend your life. Section 8 says you have a right to bear arms. But the problem is from that part beyond is unconstitutional. They cannot regulate the method in which you carry, how many days you have to wait to purchase, etc.

Heller said:
"At the time of the founding, as now, to “bear” meant to “carry.” See Johnson 161; Webster; T. Sheridan, A Complete Dictionary of the English Language (1796); 2 Oxford English Dictionary 20 (2d ed. 1989) (hereinafter Oxford). When used with “arms,” however, the term has a meaning that refers to carrying for a particular purpose—confrontation. In Muscarello v. United States, 524 U. S. 125 (1998), in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, JUSTICE GINSBURG wrote that "surely a most familiar meaning is, as the Constitution’s Second Amendment . . . indicates: ‘wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.’” Id., at 143 (dissenting opinion) (quoting Black’s Law Dictionary 214 (6th ed. 1998)). We think that JUSTICE GINSBURG accurately captured the natural meaning of “bear arms.” Although the phrase implies that the carrying of the weapon is for the purpose of “offensive or defensive action,” it in no way connotes participation in a structured military organization.

From our review of founding-era sources, we conclude that this natural meaning was also the meaning that “bear arms” had in the 18th century."

Per Bruen you have a right to carry for self defense. The meaning of "carry" as it applies to "Carry arms or weapons" means to carry on your person in your clothes/pocket and about your person, meaning in a satchel or purse.

But the USSC in Muscarello v. United States, 524 U. S. 125 (1998) said: "Carry arms or weapon" is not limited, but expansive. Meaning the term carry extends to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.

I think Heller, McDonald and especially Bruen destroys that view. Historically you have a right to go armed when traveling. Why, because congress and the state do NOT have the privilege to regulate the god given right to keep and bear arms.
 
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WalkingWolf

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Not a fan of trade marked clothing, except for Legion Riders shirts, I wear plain shirts. But it is time for those who want OC in Florida to mock the legislature by wearing gun related apparel, which is like having a neon sign saying "I'm armed". Another option is while conceal carrying to carry non lethal guns openly which is legal in Florida. Yes! it will get you law enforcement attention, but once it is determined you are not ocing a firearm they have to leave you alone.

I have not travelled to Fl since 2017 but I oc'd a orange pepper spray pistol while there, I was not bothered, though I did get the stink eye a lot. The legislature will have two choices, pass laws outlawing OC of any type of defense weapon, or make OC legal again.

As far as DeSantis he has made a fool of himself attacking Trump, and alienating NON grooming gays who are conservative. While he has signed conservative legislation, which is not the same as constitutional legislation, he is a Neocon.
 

color of law

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...

As far as DeSantis he has made a fool of himself attacking Trump, and alienating NON grooming gays who are conservative. While he has signed conservative legislation, which is not the same as constitutional legislation, he is a Neocon.
Because he is an interventionist?

I'm sure you know that he is still in the military.
 

WalkingWolf

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Because he is an interventionist?

I'm sure you know that he is still in the military.
Intervention is in the definition of a Neocon. He is falling back on the old values of the GOP party, and will be no better than Bush was as president. He is using the anti alternative lifestyle movement as his banner which goes against the banner of libertarians live, and let live mantra. As a constitutionalist I fall into the live and let live crowd.

I hate groomers, but many people who are gay are anti grooming, and pro family. He destroyed any chance he had of getting the nomination. Even if Trump is blocked by being incarcerated I think a populist will emerge to take his place. DeSantis also pissed on OC by signing the conceal carry bill.
 
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