Any word on the progress through the subcommittees?

Last I heard the FL Sheriff's assoc was going to back it if iirc 3 amendments were added.

What are they wanting to add?

 

The amendments have not been filed yet, but do not appear to be deal-breakers.  They are reported to include four proposals:

Excluding people who display firearms intentionally in an angry or threatening manner, not necessarily in self defense
Change “probable cause” to “reasonable suspicion” of a crime before stopping or investigating people openly carrying firearms
Including immunity for police officers conduct investigations allowed by law
Including a requirement that open carry be in a holster

http://www.ammoland.com/2015/12/florida-open-carry-gains-momentum/#axzz3wRAE4FYg

I'm not getting my hopes up after what's happened in the past, but glad to see this is still moving in the right direction.

It is sad that our lawmakers in Tally have us lumped in with states like IL, CA, and NY....

I thought that we were the Gunshine state!

Red

I need an open carry law just to try to carry concealed.  My long torso and raging muffin tops make it impossible for the pistol not to show all the time.

My point of view:

It is not against the law to print.

So,...if a bad guy notices your printing it could be a deterent.

What the heck is a muffin top?

Wouldn't "reasonable suspicion" allow officers to stop OC'ers simply because they are OCing?

It shouldn't. What's reasonably suspicious about a perfectly legal act? It's like pulling every driver over to see if they have a drivers license. But I see what you are saying and I'm sure it will happen.

I'm very hopeful that we'll be successful this time around.

it means "904fella" does not have pointy elbows.

in b4 i have to many beers today and claim "i'd hit it".

Three of them have been put into committee today.



SB 0068
Licenses to Carry Concealed Weapons or Firearms ------------------ Last Action: 1/12/2016 S Introduced  Location: In committee/council (JU)  Tracking this Bill  

HB 0163
Weapons and Firearms ------------------------------------------------------  Last Action: 1/12/2016 H Introduced  Location: In committee/council (JDC)  Tracking this Bill  

SB 0300
Weapons and Firearms ------------------------------------------------------  Last Action: 1/12/2016 S Introduced  Location: In committee/council (JU)  Tracking this Bill  

HB 4001
Licenses to Carry Concealed Weapons or Firearms -----------------  Last Action: 1/12/2016 H Introduced  Location: On 2nd Reading Calendar  Tracking this Bill  

Thanks.

The definition of "angry or threatening" manner needs to be prescribed if that's included. (i.e., leaving an establishment that you don't own and then returning with a gun on your hip after an argument), otherwise I could see too much potential for abuse. In fact, I'm not sure that I disagree with "threatening" in all cases; "threatening to whom?"

The holster requirement I'm ok with for handguns and I'm surprised they don't have retention requirements included in that. The three requirements sound like their solution for being able to confront/prevent groups of thugs from walking around flashing guns, or wanting the ability to check the credentials of the guy at Starbucks carrying an AR15 or to tell him to leave.

Aside from all of that, I'm of the firm belief that people that who are going to open-carry should do it in good taste.

No need for the "angry/threatening" language, that has been illegal since 1897.....yes 118 years!

Holster? No thanks. No need to put that in the law. See above for people 'flashing' plus all this is a really a sneaky way to try to prevent long-gun open carry. Plus they had better define 'holster' very, very carefully, otherwise some law-abiding folks are going to be getting jacked up.

And unless a LEO has a reasonable suspicion (aka particularized FACTS) to believe that someone is involved in a criminal act, they have no business demanding ID form that person.

Isn't there a FL supreme course case pending challenging the constitutionality of prohibiting unlicensed open carry?

I am probably moving down that way come spring, so I'm following this.

I was somewhat disappointed to learn that unlicensed OC is only currently allowed under a very narrow set of circumstances. None of which include self-defense (going to/from fishing, hunting, target shooting, camping, ect. IIRC).

That all seems counterintuitive considering the "gunshine" state designation, and being frequented by hurricanes.

That cased was ruled against OC.

 

The case of Norman v. State is the OC case he likely references.   It is still pending before the FSC and the States final reply prior to hearing is due this week.  So that show ain't done.    Florida Carry's Atty.  Friday's briefs on the issue are well worth a read.........check FC site for current status and that material.

Well damn! I thought it already went to the FL SC.


 
 

It's worth watching too.  The State was horrible.



 

http://postonpolitics.blog.palmbeachpost.com/2016/01/06/rep-dave-kerner-to-line-up-law-enforcement-leaders-against-open-carry-gun-bill/



This guy is such a cunt. ^^



--------

No decision yet whether gun bills will proceed in Florida Senate

http://www.bradenton.com/news/politics-government/state-politics/article54438055.html

 
Nope, it failed a district court then they took it to the SC.

Another change today. They read one of the bills in the house and the other one in the senate committees today.


One more little step.




SB 0068
Licenses to Carry Concealed Weapons or Firearms ----- Last Action: 1/12/2016 S Introduced -SJ 9
Location: In committee/council (JU)  Tracking this Bill  

HB 0163
Weapons and Firearms ------------------------------------------ Last Action: 1/12/2016 H CS/CS by Justice Appropriations Subcommittee read 1st time -HJ 140
Location: In committee/council (JDC)  Tracking this Bill  

SB 0300
Weapons and Firearms  -------------------------------------------Last Action: 1/12/2016 S CS by Criminal Justice read 1st time -SJ 111
Location: In committee/council (JU)  Tracking this Bill  

HB 4001
Licenses to Carry Concealed Weapons or Firearms ------- Last Action: 1/12/2016 H Introduced -HJ 122
Location: On 2nd Reading Calendar  

It's the Senate Judiciary Committee that may be the road block according to my link above. That's what we need to watch for.

Not entirely sure how it works, but if it passes the house can the Senate vote on it as is (or vise versa) or does it have to go through committees still?

Does anyone know what the 1/12 action on SB 68 (AKA Campus Carry) "Introduced -SJ 9" means?

Watch for the Senate Judiciary Committee to agenda Open Carry (SB300) soon.  We're waiting to hear back from the Chairman of the House Judiciary Committee on putting OC on the Agenda.  Campus Carry is hitting a roadblock again with the Senate Judiciary Committee Chairman but we're working to break that stalemate.  Stay tuned.

Procedural.  All bills were introduced the first day of session.

These may help:  

http://www.myfloridahouse.gov/Handlers/LeagisDocumentRetriever.ashx?Leaf=housecontent/opi/Lists/Just%20for%20Students/Attachments/4/How%20an%20Idea%20Becomes%20a%20Law%20PostSecondary%20Students.pdf&Area=House

http://www.leg.state.fl.us/data/civics/senate_idealaw.pdf

https://www.flsenate.gov/PublishedContent/ADMINISTRATIVEPUBLICATIONS/idea-to-law.pdf

I have sent my rep and senator many letters. Here is a response from my rep that I got today. I'm keeping my fingers crossed.

"Representative Ray asked me to follow up with you regarding these two bills.

HB 4001 completed it’s final committee stop yesterday and is headed to the House Floor next. The Senate companion for this bill, SB 68, has completed two committee stops and has two to go. They are progressing nicely and are well positioned to pass the Legislature and be sent to the Governor for signature.

HB 163 has one committee stop remaining and the Senate companion, SB 300, is moving as well. They are also well positioned to pass the Legislature."

 

Senator Diaz de la Portilla has decided as of today to kill the bill this session????

Yes.  I wrote about it on the Campus Carry Update post ...

He's also trying to help the Florida Sheriff's Association gut the Open Carry bill.

He killed it last year.

 

Damm RINO.

Well, knowing that this character is a Republican makes it simply that much easier for me to drop my voter registration as such and declare what I really am, Libertarian.         Screw BOTH the R and D's.

I changed my registration to independent quite a while back. I know others that have done the same. I suspect this as the real reason for the growing "middle". People disgusted with both parties.

Yep, went to NPA after the 2012 open carry debacle.  Between the reps and that Marion Hammer......UGH!!!!

any new updates on the Bill for OC

Yup... any updates?

 

Just got the email...everyone needs to do this!  If the committee members know there is a groundswell of support for this they will make sure it doesn't die.

Open Carry Bill in Committee Tomorrow

URGENT: HB-163 Open Carry by Rep. Matt Gaetz is on the agenda for the House Judiciary Committee Tomorrow (Thursday, January 28th, 2016) at 9:00am.

We need you to contact committee members immediately and urge them to pass this bill.

[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],

In the subject line put:  SUPPORT HB-163 - Support the Right to Bear Arms

The Open Carry Bill

Currently, Florida law generally prohibits the open carrying of firearms and certain weapons. Under s. 790.053, F.S., it is a second degree misdemeanor for a person to openly carry on or about his or her person any firearm or electric weapon or device. The bill amends this provision to authorize concealed carry licensees to openly carry firearms.

Section 790.02, F.S., currently authorizes an officer to make a warrantless arrest for the carrying of a concealed weapon in violation of s. 790.01, F.S., when the officer has reasonable grounds or probable cause to believe such offense has been committed. The bill amends this provision to clarify that it only applies to the unlicensed carrying of a concealed weapon and to delete authorization for such warrantless arrests based merely on reasonable suspicion.

The bill creates s. 776.00111, F.S., and amends s. 790.25(4), F.S., to require the judiciary to employ strict scrutiny in reviewing any statute that implicates the right to bear arms or defend one's self. The bill also specifies that the right to bear arms or 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.

The bill also creates s. 790.0015, F.S., to specify that it is a violation subject to liability for any person or entity to infringe on certain rights to bear arms or defend one's self. With respect to this liability, the bill states, "Notwithstanding any other provision of law, no immunity applies to such a public entity or person acting on behalf of such public entity, infringing on such rights in violation of this section." The section also provides that the rights of an owner or lessee of real property or a private employer are not diminished and they may prohibit the possession of a firearm on their property.

The bill creates s. 790.0016, F.S., to provide that no employee will have a cause of action against an employer, including termination of employment, resulting from failure of the employee to comply with the employer's orders regarding the carrying or not carrying of a weapon during working hours.

Finally, the bill amends s. 790.25(1), F.S., to specify that the Legislature finds that the possession and carrying of weapons and firearms by law-abiding individuals for lawful purposes, including self-defense, enhances public safety.

I saw something really disturbing at work yesterday.

cut and paste:

Guns on College & University Campuses
In response to questions from reporters following
another committee meeting, Senate Judiciary
Chairman Miguel Diaz de la Portilla said it is
unlikely the Senate “campus carry” bill (SB 68)
will be taken up by his committee. The Senate bill
is currently parked in the Senate Judiciary, after
which it would go to Rules and then to the floor.
The Judiciary Committee is where the bill
remained parked in the 2015 session.

The House bill (HB 4001) has passed all of its
committees of reference and is on the calendar for
consideration and approval by the full chamber.

As reported by PoliticoPro, National Rifle
Association lobbyist Marion Hammer has said the
campus-carry measure will return in 2017 if it fails
this year.

 
BUMP

Update today from my Senators office. I had let him have it regarding Republicans being the ones to kill these bills.

Mr. XXXXX,

It is unclear as of now if Senator de la Portilla is trying to kill these bills. Both of them are now in the Senate Judiciary Committee, which as you said Senator de la Portilla chairs. I urge you to contact Senator de la Portilla's office to express your concerns regarding SB 68/SB 300. As I said before Senator Bean supports both of these bills and gun rights for all Floridians.

Respectfully,
Austin Nicklas | Session Legislative Assistant
Senator Aaron Bean | Florida Senate 4th District    
400 South Monroe St | Tallahassee, FL 32399
Tallahassee 850.487.5004 | District 904 346 5039| Fax 888.263.1578
[email protected] | www.flsenate.gov

Some more updates from Senate Tracker on HB163 this morning. They don't seem out of line.

TRACKED BILLS

CS/CS/HB 163 (2016) Weapons and Firearms
   http://www.flsenate.gov/Session/Bill/2016/0163
Filed to this Bill:
   628427 - Amendment to Amendment (736117) filed by Representative Wood
   http://www.flsenate.gov/Session/Bill/2016/0163/Amendment/628427/PDF
   260353 - Amendment to Amendment (736117) filed by Representative Wood
   http://www.flsenate.gov/Session/Bill/2016/0163/Amendment/260353/PDF
   462659 - Amendment to Amendment (736117) filed by Representative Moskowitz
  http://www.flsenate.gov/Session/Bill/2016/0163/Amendment/462659/PDF

Absolutely NO to the provision allowing members of the legislature to carry (if we can't, they can't).

And another absolute NO to the third one wherein 'refusal' to show a CWFL is considered probable cause that one is not licensed.

Vote happened on HB163

HOUSE - CS/CS/CS by- Judiciary Committee; YEAS 12 NAYS 4

 
So what's next?

HB168 and HB4001 are headed to the house for a vote, I don't know the date.

SB68 and SB300 are sitting in the Judiciary Committee courtesy of Miami RINO Senator Portilla.



Contact your Senator and tell them to kick Portilla's ass.

I hate De La Portilla. Fucking asshole.