Florida considers decriminalizing open carry.

[Mark40]

I'm actually confused about this. House Bill 779 will, in addition to decriminalizing O/C, make it ok to briefly expose your gun. However, I have studied handgunlaw.us 790.053 and it states clearly that as long as it is not exposed in an angry or threatening manner, this is not a violation. In fact, it also states that if it is in a self defense situation, it can be exposed in a threatening manner. Is handgunlaw.us not as accurate as I have assumed. What gives?

 

[Whitwabit]

May A Person Licensed To Carry A Concealed Weapon Or Firearm Legally Carry Or Wear A Firearm On The Outside Of His Or Her Clothing?

While Florida law allows individuals who obtain a license the right to carry a concealed firearm, section 790.053, F. S., specifically prohibits the open carrying of any firearm or electric weapon or device EXCEPT in those instances prescribed therein. This section of law was amended by the Legislature in 2011, however, to provide that a person who is licensed to carry a concealed firearm is not in violation of the law if the firearm is “briefly and openly” displayed to the ordinary sight of another person, “unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.” Other instances of the lawful ownership, possession, and use of firearms and other weapons are set forth in section 790.25, F. S.

From - https://licensing.freshfromflorida.com/forms/P-00091-Concealed Weapons-0911.pdf

I think like the Illinois law it covers accidently uncovering your weapon .. but not open carry as such ..

 

[Engine49guy]

Isnt there also some sort of exception if your hunting, camping or fishing ?

 

[Whitwabit]

I don't see it de-criminalizing open carry it just changes the wording of that section of the law and reduces the penalty

CS/HB 779: Weapons and Firearms
GENERAL BILL by Criminal Justice Subcommittee ; Combee ; (CO-INTRODUCERS) Altman ; Byrd ; Drake ; Eagle ; Fischer ; Grant, M. ; Rodrigues
Weapons and Firearms; Removes statement of applicability relating to violations of carrying concealed weapon or firearm; reduces penalties applicable to person licensed to carry concealed weapon or firearm for first or second violation of specified provisions relating to openly carrying weapons; makes fine payable to clerk of court; provides that person licensed to carry concealed weapon or firearm does not violate certain provisions if firearm is temporarily & openly displayed.
Effective Date: 7/1/2017
Last Action: 4/5/2017 House - CS passed; YEAS 80 NAYS 34 -HJ 580
Location: First Passage
Bill Text: PDF

 

[Mark40]

My point is that HB 779 seems to address an issue that is already legal. My concern was that I'd misinterpreted the existing statute. Thanks for confirming my impression. You would think our lawmakers would have a better understanding of the laws they make.

 

[Mark40]

House Bill 779 would change the penalties for violations of the state’s ban on open carry — currently a second-degree misdemeanor which carries a $500 fine and up to 60 days in jail — to a $25 noncriminal violation payable to the county clerk. It also shields those with a concealed-carry permit from being charged with a crime if their gun becomes temporarily exposed. Florida’s Supreme Court last month upheld the state’s open carry prohibition citing it does not infringe on the Second Amendment. There is no Senate companion to the proposal.