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Unread 12-31-2010, 01:02 PM   #1
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Default Is Open Carry in our Future?

Florida Senator Greg Evers is sponsoring legislation to reform many of Florida’s highly restrictive handgun carry and purchasing laws. If passed in its current form, SB-234 will legalize many activities already lawful in other states.

Since 1987 the State of Florida has issued nearly 2 million Concealed Weapon or Firearms Licenses (CWFL) that allows people to carry a concealed firearm if they pay a fee, have had appropriate training, a criminal background check with FBI fingerprint search, and are over the age of 21. In the licensing program’s 23 year history only 168 licenses have been revoked for improper use or display of a firearm. This shows Florida CWFL licensees to be demographically one of the most law abiding groups for which data is available.

The miniscule number of revoked licenses would be even lower were it not for a statewide ban on carrying an unconcealed firearm. Florida, and only six other states, currently outlaw openly carrying a properly holstered handgun. Even taking off your coat at a friend’s house or having your shirt ride up while reaching for a can at the grocery store can put licensees at risk of loosing their CWFL and a misdemeanor arrest. Having a holstered and exposed pistol is also banned while doing many back-county outdoor activities where it would be expected in 43 other states. SB-234 will allow CWFL licensees to choose the method of carry most appropriate to the situation at hand and decriminalize accidental and casual failure to maintain concealment. Members of the Florida Open Carry movement look forward to the bill passing having received assurances from Governor-elect Scott that he would end the open carry ban.

SB-234 will also allow for concealed carry on college campuses by licensed students and professors. Students for Concealed Carry on Campus was formed by college students immediately after the 2007 massacre at Virginia Tech. They advocate for licensed concealed carry on college campuses to put an end to what is referred to as a “defense free zone” in our nation’s post-secondary institutions. College carry prohibitions also generally extend to student and faculty parking lots. This makes students defenseless during their drives to and from campus. Students for Concealed Carry on Campus has chapters at colleges across the state.

The bill looks to fix the parking lot issue off campus as well. Currently licensees may leave their firearms secured in their cars in private parking lots at their own places of work. SB-234 extends that protection to cover wherever you may legally park your vehicle. Thus you can visit a location that prohibits the carry of firearms but not be defenseless for the trip. The Florida Chamber of Commerce has fought the parking lot provision in the past but has lost some member businesses in the process. The NRA got involved in the issue after hearing from a father, whose son was killed in a car accident, when he was told by the private cemetery’s management that he could not visit if there was a gun stored in his car.

Currently all law abiding Floridians can only purchase a handgun in Florida or a rifle/shotgun in Florida, Georgia, and Alabama. Another provision of SB-234 will allow Florida residents to purchase firearms in any other state as long as they pass a criminal background check and comply with all federal and state laws where the purchase is made.

Department of Agriculture employees have been taking fingerprints for carry license applications since October of 2009 at regional offices across the state. This program has been highly successful in servicing applicants but there is a problem, the statute currently requires that fingerprints be collected only by law enforcement agencies. The bill also authorizes the Florida Department of Agriculture to take fingerprints for license applications
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Unread 12-31-2010, 02:28 PM   #2
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...SB-234 will allow CWFL licensees to choose the method of carry most appropriate to the situation at hand and decriminalize accidental and casual failure to maintain concealment...
I have to confess that I have not read the proposed bill; it sounds like a great step forward for onnce.
However, if only making the "casual" or "accidental" exposure of the otherwise concealed firearmlegal, why not make open carry legal period and be done with it!?
Several states already have open carry laws and it works out well. Model after those and stop reinventing the damned wheel.

Quote:
Members of the Florida Open Carry movement look forward to the bill passing having received assurances from Governor-elect Scott that he would end the open carry ban.


Quote:
SB-234 will also allow for concealed carry on college campuses by licensed students and professors. Students for Concealed Carry on Campus was formed by college students immediately after the 2007 massacre at Virginia Tech. They advocate for licensed concealed carry on college campuses to put an end to what is referred to as a “defense free zone” in our nation’s post-secondary institutions. College carry prohibitions also generally extend to student and faculty parking lots. This makes students defenseless during their drives to and from campus. Students for Concealed Carry on Campus has chapters at colleges across the state.
This will be interesting to watch.
Overall, what I've seen of college administrators lends itself more toward a bunch of hand wringing, spineless, please defend me because I don't believe in deadly force, tree hugging azzwipes

Unfortunately, the campus police tend to foster these attitudes (again from my personal experiences) and want to promote a more kiddie friendly campus, rather than accept that most are truly small cities.

I foresee a huge outcry from campus police depsrtments and college administrators over this one...God I hope I'm wrong.

Quote:
The bill looks to fix the parking lot issue off campus as well. Currently licensees may leave their firearms secured in their cars in private parking lots at their own places of work. SB-234 extends that protection to cover wherever you may legally park your vehicle. Thus you can visit a location that prohibits the carry of firearms but not be defenseless for the trip.
Sweet!

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The Florida Chamber of Commerce has fought the parking lot provision in the past but has lost some member businesses in the process.
Good!
Whoever was in charge, needs to be remonved!

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The NRA got involved in the issue after hearing from a father, whose son was killed in a car accident, when he was told by the private cemetery’s management that he could not visit if there was a gun stored in his car.
I'm not sure how I would have handled that?
How did they know in the first place?

If it was my son's funeral, I don't think they'd have had enough people present to stop me.

If law enforcement tried to interviene, I'm sorry to say that this would be one time where they'd have to fight me
Not proud of that statement, but it's factual.

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Currently all law abiding Floridians can only purchase a handgun in Florida or a rifle/shotgun in Florida, Georgia, and Alabama. Another provision of SB-234 will allow Florida residents to purchase firearms in any other state as long as they pass a criminal background check and comply with all federal and state laws where the purchase is made.
I'm not up on the firearms sale and transfer laws. Can you provide more detail?
What stops me from purchasing in say NC from a private seller?
Is it federal or state or both?
Thanks.

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Department of Agriculture employees have been taking fingerprints for carry license applications since October of 2009 at regional offices across the state. This program has been highly successful in servicing applicants but there is a problem, the statute currently requires that fingerprints be collected only by law enforcement agencies. The bill also authorizes the Florida Department of Agriculture to take fingerprints for license applications
So, they're not a "law enforcement" agency?
(Sorry, a carry over from elsewhere).

It's rediculous not to allow them to perform the function. It's not a function "specific" to law enforcement.
In most cases, when you go to an L.E. Agency to get printed, you're printed by a civilian employee anyway, and not a LEO.

Makes no sense not to.
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Unread 12-31-2010, 03:57 PM   #3
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I'm not up on the firearms sale and transfer laws. Can you provide more detail?
What stops me from purchasing in say NC from a private seller?
Is it federal or state or both?
Thanks.
I'm not versed in this either. I thought you could purchase anywhere if it was shipped to an authorized Florida firearms dealer. Rich could probably expound on this.
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Unread 12-31-2010, 05:28 PM   #4
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I'm not versed in this either. I thought you could purchase anywhere if it was shipped to an authorized Florida firearms dealer. Rich could probably expound on this.
"This info comes from the Internet"

85vette your right, dealer to dealer when purchased out of state.

Federal law states that you may only purchase long guns (rifles and shotguns) in states that you are not a resident of. Also, such a sale is not allowed if it would violate state laws in either your state of residence or the state where the sale takes place. For example, California state law says that a California resident may only purchase a firearm from a dealer licensed by the state DOJ in California. It also states that a person can only purchase a firearm in the state of California if they show documentation of California residency. So a California resident may only purchase a firearm in California and a person who is not a resident of California is prohibited from purchasing a firearm in California. Whether or not 2 states are contiguous (bordering each other) has nothing to do with if a sale is legal or not, it is just a common myth that is not in the laws.

Here is the actual statute in all its glorious legalese:
It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
18 U.S.C. 922(a)(3)
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Unread 12-31-2010, 07:34 PM   #5
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It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
18 U.S.C. 922(a)(3)
What a load of BS. Why don't they write it so you can understand it and put it all right here? Reference this, reference that and then consult an attorney. To top it off, we paid to have this conceived, written, published and voted on. No wonder there's no money.
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