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09-13-2011, 12:45 PM
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Florida Open Carry
Hi:
Florida Residents: Has the State passed the "Open Carry"?
If so, are people doing open carry?
Jimmy
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09-13-2011, 12:55 PM
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Nope, the NRA/USF/Republicans sold out the citizens of FL. They said they'll think about it next year if you promise to send in money. The key to a good lobbyist/political group is to not make yourself obsolete.
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09-13-2011, 01:08 PM
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When I went to pick up my gun (first week of April) the FFL doing the transfer says to me "did you hear the news this morning? They're gonna' pass open carry."
My personal thoughts are that I'm not going to change the way I carry all that much. I'm not gonna' start "putting it on display," or anything. But now, I won't have to worry about losing my licence just because the tip of the grip stuck out from under my shirt.
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09-13-2011, 01:18 PM
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OpenCarry.org - State Information For Florida
The last I heard on it was the fight over the term open carry. They didn't want to pass straight up open carry, they wanted to pass that it isn't a violation and serious offence if you are caught with your CCW flashing. They didn't want people to be able to wear guns in the open at all times though, that was never really open for change. I'm not shocked it didn't pass though. The bulk of the political spectrum here is pretty Liberal and the more Conservative side is really mostly RINO in nature. I'm not meaning to get political, just stating the obvious here in Florida. Just think, at one point they wanted to have some sort of visible permit in view at all times as part of that bill at one point. I may be more happy it didn't pass.
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09-13-2011, 02:52 PM
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There never was a attempt at "true open carry"
As Bob mentioned it was to a add a provision for "flashing" as he put it. So the person would not get arrested because his shirt tail blew in the wind.
Think of a guy on a motorcycle with a holstered gun under his shirt, wind blows the shirt, LEO sees it and the guy is arrested for brandishing a firearm.
As far as I know, nothing has changed yet.
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09-13-2011, 03:15 PM
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When open carry was discussed in the FL Legislature several long serving sheriffs went ballistic. I think even the conservative among them visualized doing nothing but answering “man with a gun” calls. Mayors (mostly liberal), sheriffs, chiefs of police (all of them politicians), and others started the full court press on the legislature. It was obvious that open carry was going nowhere.
What we did get, especially penalties for politicians violating the state government preemption on all firearms law and regulation, was good.
I expect that the population of FL is only narrowly in favor of concealed carry, some of our more liberal residents in SW FL would probably be in open revolt if they realized how many people around them were carrying.
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09-13-2011, 03:27 PM
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Quote:
Originally Posted by Rule3
There never was a attempt at "true open carry"
As Bob mentioned it was to a add a provision for "flashing" as he put it. So the person would not get arrested because his shirt tail blew in the wind.
Think of a guy on a motorcycle with a holstered gun under his shirt, wind blows the shirt, LEO sees it and the guy is arrested for brandishing a firearm.
As far as I know, nothing has changed yet.
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Exactly. The law signed by Gov. Scott does protect those citizens who have an accidental reveal of their concealed weapon. As far as I know, there was never consideration to provide a law in FL which allowed citizens to truly open carry.
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09-13-2011, 03:30 PM
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Quote:
Originally Posted by oldRoger
I expect that the population of FL is only narrowly in favor of concealed carry, some of our more liberal residents in SW FL would probably be in open revolt if they realized how many people around them were carrying.
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The Dangling East Coast Chads are just as bad.
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09-13-2011, 03:33 PM
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....and I don't see it EVER happening here, either......
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09-13-2011, 04:07 PM
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Guys there was discussion about it in committee and during the legislative discussion there were threads here in the 2nd amendment area.
There was a lot of immediate violent objection and it was dropped.
It could happen on a gradual foot in the door basis I think. I would like to see us start with a clear statement the OC is permitted on your own property for example.
As far as OC in Orlando, Miami, St Pete or Jax, I don’t see that happening anytime soon.
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09-13-2011, 04:14 PM
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Quote:
Originally Posted by Bicky Robby
Exactly. The law signed by Gov. Scott does protect those citizens who have an accidental reveal of their concealed weapon. As far as I know, there was never consideration to provide a law in FL which allowed citizens to truly open carry.
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The bill was open carry all the way up to when the Republicans hacked it up at the last minute. The new law sounds like it should protect CC folk who accidentally expose but many of the words are open to interpretation. What you consider "brief" might not be what Officer X considers brief and you get to take a ride rack up thousands in legal bills, lose job, etc.. Same with "threatening manner." Just having a gun is very threatening to many folks and LEO, as evident by all the posts around here.
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09-13-2011, 04:46 PM
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Okay, I've read the posts, I'm in Florida ( Jax ). Know about the bill about accidental flashes.
I'd like to know why anyone here would like to let the bad guys know to go on and shoot you, because they see you carrying your weapon in the open ( NICE weapon, I think I'll take it ).
I cannot grasp the reasoning behind wanting to show off your weapon to everyone you come in contact with? You're certainly not safer, just the opposite...so why?
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09-13-2011, 04:50 PM
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I didn't even think the flashing/brandishing law was passed!?!?!?
Did I miss that one???
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09-13-2011, 04:54 PM
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Quote:
Originally Posted by raven818
Okay, I've read the posts, I'm in Florida ( Jax ). Know about the bill about accidental flashes.
I'd like to know why anyone here would like to let the bad guys know to go on and shoot you, because they see you carrying your weapon in the open ( NICE weapon, I think I'll take it ).
I cannot grasp the reasoning behind wanting to show off your weapon to everyone you come in contact with? You're certainly not safer, just the opposite...so why?
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You conceal carry while on duty?
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09-13-2011, 04:55 PM
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09-13-2011, 04:56 PM
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Okay, here's what happened. The proponents of the bill to allow open carry, every one of them, claimed the purpose of the bill was to prevent the arrest of anyone who "accidently" revealed his gun because of, for example, a puff of wind blowing up his shirt.
Well, the legislature fixed it. They didn't allow open carry, rather they simply modified the existing law to preclude prosecution for accidently revealing one's concealed firearm.
The proponents, including Ms. Hammer, claimed victory.
It is a case of being careful what you ask for as you may, indeed, get it.
Not that I am a proponent of OC, rather, most of us saw that coming from a mile away. Real hard to complain when you get exactly what you ask for.
Bob
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09-13-2011, 04:57 PM
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I've retired. But, yes, I had my duty weapon, and a mdl 36 on my ankle.
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09-13-2011, 04:59 PM
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The bill doesn't just cover an accidental showing, you can show to another person "as long as it's not done in anger".
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09-13-2011, 05:10 PM
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Quote:
Originally Posted by raven818
I've retired. But, yes, I had my duty weapon, and a mdl 36 on my ankle.
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How many times did it get taken away by someone who wanted it?
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09-13-2011, 05:13 PM
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Quote:
Originally Posted by hatt
How many times did it get taken away by someone who wanted it?
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Huh? Lost me.
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09-13-2011, 05:20 PM
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Quote:
Originally Posted by raven818
Huh? Lost me.
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Oh, you only concealed carried while in LE. Gotcha.
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09-13-2011, 05:33 PM
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There have been quite a few NYPD cops over the years disarmed by perps. In prisons they practice movements to by pass security features of holsters. In the 70's Black Panthers managed to kill a couple of cops by disarming them and shooting them. Here is a recent example, you have to scroll a few stories down:
NYPD Daily Blotter - NYPOST.com
No matter how big and bad you are one or numerous perps can disarm you.
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09-13-2011, 05:39 PM
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Quote:
Originally Posted by hatt
Oh, you only concealed carried while in LE. Gotcha.
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No, I still carry, and no one's ever taken it from me. I try hard to conceal the conceal.
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09-13-2011, 07:19 PM
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The answer for non LEOS is found here: 790.053
As to actually open carry, I am not in favor of it. This was all beat to death in a long thread some time ago. Bottom line, out of sight out of mind.
The 2011 Florida Statutes
Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS View Entire Chapter 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 licensed to carry a concealed firearm as provided in 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.
(2) A person may openly carry, for purposes of lawful self-defensea) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch.
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Last edited by Rule3; 09-14-2011 at 05:00 PM.
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09-13-2011, 08:43 PM
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Open carry. Really a stupid idea in my opinion. Cops have enough on their plate without having to deal with that. What's next, having them carry one of those stupid badges, so the police will have yet another decision to deal with in making split second decisions. This isn't the old WEST, not to mention that open carry gives away your only advantage, which is surprise. If a bad guy knows your are armed, you may not get the opportunity to play John Wayne.
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09-13-2011, 09:10 PM
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Someone please correct me if I'm wrong, but I believe Florida is one of only 5 states that doesn't allow open carry.
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09-14-2011, 03:32 PM
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Quote:
Originally Posted by Florida Guy
Someone please correct me if I'm wrong, but I believe Florida is one of only 5 states that doesn't allow open carry.
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On the OC site, it says 7 States do not allow OC.
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09-14-2011, 05:14 PM
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Back when Fla. first passed their CC law, there was a "loop hole" in it that allowed open carry. The network and local news had a picture of some guy wearing a cow boy rig and "hawg Leg" out on the public streets. Really added to the "blood bath" and "shoot out" crys that were in the media at the same time. They sinched up the loop pretty fast! Back before CC, the counties all had different regs, so that, in south Fla for example, every time you crossed a canal, you were under a different set of rules! Flapjack
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09-14-2011, 07:10 PM
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I'll just re-word what I said in my earlier post:
If I woke up tomorrow and we had full open carry, I would still carry concealed. That wouldn't change.
What would change for me is I would be able to carry a larger-framed gun and not have to worry all the time about whether or not I'm "flashing" or "outlining."
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09-14-2011, 09:01 PM
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If you want the Tallahassee bunch to pass a law so you can wear your sidearm as a "shoot me first" sign, y'all go on up ahead. I'll try to catch up, later. Joe
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09-14-2011, 10:08 PM
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Quote:
Originally Posted by oldRoger
...I expect that the population of FL is only narrowly in favor of concealed carry, some of our more liberal residents in SW FL would probably be in open revolt if they realized how many people around them were carrying.
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Roger, do you know what percent of the population in Florida carries? Reason I ask is a couple of years ago I saw statistics that said that on average throughout states that had shall issue laws the average carry rate was something like 3-4%. I assume that is among the adult population, tho it might be everyone, I suppose. North Dakota, if I recall correctly, was highest in the nation with something like 7%.
I think what the anti-carry folks miss is that most people who could get a permit don't want one. I think that is fine. No need to force anyone to carry if they don't want to. Just don't try to prevent those who wish to carry from doing so.
On the OC question, not for me, except in rural areas, or in the field, but does not bother me at all when others do. Personal choice and all.
As we here all know, there is no logic or empirical evidence at all to the belief that more legal carry will lead to greater violence.
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09-15-2011, 02:12 AM
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Alpo, thanks, but your second source says 1.8M permits issued to date, but also that as of 31 Oct 2010 Florida had 767,739 permit holders. So figure about 4%.
I am assuming the approximately 800K number does not include out-of-state Florida CCW holders, but if it does, well, there are a lot of those, so percentage goes down again
But, some 22% of Florida population is under 18, so we can discount them, so percentage moves up. (Could not find under 21 percentage, which I think is CCW age in Florida.)
Anyway, statistics are tricky, but my main point is I think antigun folks think if the law permits packin', everybody will (except them) whereas in reality most folks either don't want to carry or don't even consider it at all. The percentage of people who actually want to carry and do is pretty small. Yet the antigunners have this really weird idea that otherwise perfectly normal people become driven to shooting one another through osmosis with the gun in their pocket. Sorta like believing in voodoo.
And -- well, duh! -- the sort of individuals who are prone to violence with guns (AKA armed criminals) don't give a hoot what the law says anyway.
Last edited by Onomea; 09-15-2011 at 02:22 AM.
Reason: Typos
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09-15-2011, 08:38 AM
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OC would work very well for those Florida seniors who wish to carry while wearing their speedo's at the beach.
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09-15-2011, 09:30 AM
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Quote:
Originally Posted by raven818
Okay, I've read the posts, I'm in Florida ( Jax ). Know about the bill about accidental flashes.
I'd like to know why anyone here would like to let the bad guys know to go on and shoot you, because they see you carrying your weapon in the open ( NICE weapon, I think I'll take it ).
I cannot grasp the reasoning behind wanting to show off your weapon to everyone you come in contact with? You're certainly not safer, just the opposite...so why?
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Quote:
Originally Posted by pharmer
If you want the Tallahassee bunch to pass a law so you can wear your sidearm as a "shoot me first" sign, y'all go on up ahead. I'll try to catch up, later. Joe
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Of fail.
Quote:
Originally Posted by Armyphotog
Open carry. Really a stupid idea in my opinion. Cops have enough on their plate without having to deal with that.
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So we have to think first about governmental employees before we exercise our freedom?
You really have the cart before the horse.
Last edited by machete; 09-15-2011 at 09:38 AM.
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09-15-2011, 09:48 AM
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Quote:
Originally Posted by ladder13
OC would work very well for those Florida seniors who wish to carry while wearing their speedo's at the beach.
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I find that concealing my piece in my speedo that I have more of those hot females following me down the beach.
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09-15-2011, 10:24 AM
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Quote:
Originally Posted by Rule3
I find that concealing my piece in my speedo that I have more of those hot females following me down the beach.
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As long as you wear it appendix carry and NOT small of back carry! I made that mistake only one time, the chicks ran away...
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09-15-2011, 05:17 PM
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Quote:
Originally Posted by Rangerpat
As long as you wear it appendix carry and NOT small of back carry! I made that mistake only one time, the chicks ran away...
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You mean that was you!?? Clearwater Beach at around 1 pm??
Ewww!
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09-15-2011, 05:17 PM
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Quote:
Originally Posted by Rule3
I find that concealing my piece in my speedo that I have more of those hot females following me down the beach.
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No wonder then that you like CC as opposed to OC.
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09-15-2011, 05:24 PM
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Quote:
Originally Posted by ladder13
No wonder then that you like CC as opposed to OC.
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Ya but they are 80 years old, I can still out run them.
My wife cheers them on, Ya go get em.
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