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As a Floridian and a member of the law encorcement community as a State Police Officer for the State of Florida I fully support the right of my fellow citizenry to carry a firearm for self defense both openly and concealed. Furthermore I support that they may carry in a college or university.




In my tenure as a member of the law enforcement community I know that when seconds count, law enforcement is minutes away. This is not in anyway a disparaging remark towards my brothers and sisters that wear the badge. This is just a fact of life. On November 20th, 2014, Myron May went to the Strozier Library at Florida State University and shot three people and later was killed by law enforcement in a violent standoff.




One of the victims of the shooting was a licensed Florida Concealed Weapon Permit holder and a law abiding citizen. As such he followed the law and was unarmed. Florida State University has a full time well trained and staffed police department. They responded quickly and did the best they could. Problem is, police are reactionary. The event already occurred and their response was not preventitive. If my fellow Floridian was allowed by law to legally carry his firearm that night. We might not have been injured and a fellow student might not be handicapped for life. He very well could have stopped the threat.




The carrying of guns openly in public is another issue that I fully support. Texas just passed a bill allowing Texans to legally open carry guns wih a permit. Out of the entire country, only New York, Illinois, South Carolina, and Florida ban open carry. The other 46 States in the USA have open carry. No panic, no issues, no jump in crime, no violence in the streets. How is it that Florida is behind the times when it comes to personal liberty such as 2nd Amendment? We pride ourselves on being a State that values and respects the rights and freedoms that our Country promotes. We are such a beacon of liberty that more people come to Florida from other states and other countries. Our economic growth and development is attributed to that freedom. We value a person's wealth to the point that we don't have a State Income Tax, we value a person's home to the point that we have a Homestead Exemption, we value a person's right to economic freedom that we make having and starting a business very easy. Yet why are we lacking in valuing a person's right to self defense and the ability to protect their home, their businesses, and their lives?




I was born and raised in Miami and currently stationed in Miami. My home is in Tallahassee were I was last assigned due to the State's needs. My wife if currently in Tallahassee. She is 500 miles away from me. She is a student of one of the State Universities located in our wonderful Capital. She has a license to carry a concealed weapon. As you may or may not be aware, womens' attire is far harder to conceal a firearm. She carries in her purse, but that in of itself has certain trade offs. It is far easier for a criminal to snatch a purse than it is to take a gun off a person's body while the gun is holstered. But she follows the law, and as such makes the trade off. She is also disarmed since she is a student. The horrible events that occurred at Florida State University and that just occurred at Umpqua Community College in Oregon are prime example of why she should be able to carry on university or college grounds. She can defend herself elsewhere but not at school. She is alone and I'm 500 miles away at the moment. As a husband, it is my job and responsibility to keep my wife safe. My support of HB-163 is part of me doing that.




As such the following explanation should suffice.




Section 1 - Strict Scrutiny of all statutes implicating the Right to Keep and Bear Arms and Self-Defense




The judiciary shall employ strict scrutiny in reviewing any statute that implicates the right to bear arms or defend one's self pursuant to this chapter. The right to bear arms is a fundamental and individual right that exists in any place that a person has the right to be, subject only to exceptionally and narrowly tailored restrictions that employ the least possible restriction on the right in order to achieve a compelling government interest.




Section 2 - Arrest only for Unlicensed Concealed Carry (Technical Amendment)




The unlicensed carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant.




Section 3 - Licensed Open Carry & Prohibition on Infringing Gun Owner Rights




A person licensed to carry a concealed firearm or weapon pursuant to this chapter may openly carry such firearm or weapon...




Unless probable cause exists to believe that a crime has been committed by an individual, any person or entity infringing upon the rights conferred on that individual by (Florida Law), the State Constitution, or the Second Amendment to the United States Constitution is liable pursuant to s. 790.33(3)(c), (d), (e), and (f). Notwithstanding any other law, no immunity shall apply to persons infringing on such rights in violation of this subsection.


Section 4 - Legislative Findings that Lawful Carry Enhances Public Safety and Strict Scrutiny of 790.25




The Legislature finds as a matter of public policy and fact that the possession and carrying of weapons and firearms by law-abiding individuals for lawful purposes, including self-defense, enhances public safety...




The judiciary shall construe this act in conjunction with the right to bear arms or defend one's self as provided in chapter 776. The right to bear arms and defend one's self is a fundamental and individual right that exists in any place that a person has the right to be, subject only to exceptionally and narrowly tailored restrictions that employ the least possible restriction on the right in order to achieve a compelling government interest.






Thank You




Miami_JBT