Florida: Call your House rep and ask for open carry ban repeal
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Thread: Florida: Call your House rep and ask for open carry ban repeal

  1. #1

    Florida: Call your House rep and ask for open carry ban repeal

    Please call your State House Rep. Now!
    Sponsor the Bill to Repeal the Florida Open Carry Ban.

    Florida House of Representatives - MyFloridaHouse.gov to lookup your Rep. and call their “District Office”.

    Tell them who you are, that you are a member of the “Florida Open Carry Movement”, and you would like to speak to a legislative aide. Be prepared to leave your number, the Aide may need to call you back.

    • Let them know that Florida is one of only seven states that bans openly carrying a legally possessed pistol (FL Statute 790.053). Open Carry is legal in 43 States but banned in Florida.
    • Most states require no license to open carry.
    • Governor-Elect Scott has pledged to sign a repeal of the open carry ban if we can get the bill to his desk. We are looking for a sponsor for the bill.
    • Oklahoma will probably pass open carry this year also.
    • Will the Representative consider sponsoring the bill this session?
    o If they decline to meet or to even consider taking up the bill, ask why.

    If the aid or Representative wants language for the bill, tell them you will have it sent to them and get an email address to send it to.
    If they wish to discuss it in-depth, please consider making an appointment to speak to the Rep. in person.

    Once done with the call, send an email to me at: [email protected]://www.facebook.com/l/...M47g;carry.org

    Who did to speak with and what Representative’s office are they from.
    What was their reaction, did they ask questions about the bill or current law?
    What phone number did you call?
    When did you speak to them?
    If you are going to meet with the Rep., when?
    Where do you live? (City & County)
    Notes

    Example:

    Subject: Rep. Hancock (R) District 98

    I’m John Q. Public and I live in Port Orange (Daytona Beach Area) Volusia County.
    I spoke to Jane Doe, Legislative Aide to Rep. John Hancock this morning at 11:30am. (Phone 123-555-7905)
    Jane seamed receptive and asked questions about open and concealed carry and the laws in other states. I have a meeting to discuss this with the rep tomorrow, 11/13/10 at 9:30am
    Jane also said that Rep. Mao from District 91 thinks that gun owners are crazy and all firearms should be banned. Rep. Mao also wants to ban puppies and kittens.

    Credit to StogieC and shamelessly ripped from his facebook post.
    Moderator

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  3. #2
    Simply repealing the statute will not make OC legal and lawful.

    Open Carry is not "legal" in neary every state in the union. I believe only AZ has a tiny blurb about OC being a protected right.

    What needs to happen is a law being added specifically granting the right of OC with a firearm, not a repeal of an already ambiguous ruleset.

    If you take away the statue you have quoted above, it would not make OC of a firearm legal. It would simply make it not illegal.

    There is a HUGE difference in that, and jurisprudence all over the country will show you that it rarely bodes well for the firearm owner.

    Rethink your campaign, because a simple repeal is going to get a lot of people in trouble.

    We need a clear and contiguous granting of the right, not a "let's take away the inability to do it and hope there is no aftermath."

  4. #3
    Join Date
    Jan 2010
    Location
    Kentucky
    Posts
    699
    Quote Originally Posted by HooVooLoo View Post
    Simply repealing the statute will not make OC legal and lawful.

    Open Carry is not "legal" in neary every state in the union. I believe only AZ has a tiny blurb about OC being a protected right.

    What needs to happen is a law being added specifically granting the right of OC with a firearm, not a repeal of an already ambiguous ruleset.

    If you take away the statue you have quoted above, it would not make OC of a firearm legal. It would simply make it not illegal.

    There is a HUGE difference in that, and jurisprudence all over the country will show you that it rarely bodes well for the firearm owner.

    Rethink your campaign, because a simple repeal is going to get a lot of people in trouble.

    We need a clear and contiguous granting of the right, not a "let's take away the inability to do it and hope there is no aftermath."
    A constitution makes things legal, a statute makes things illegal, with few exceptions.

    In Kentucky, OC is protected by our state constitution, it cannot be made illegal by statute. It would have to be repealed and here, that is not going to EVER happen.

    There are many other state constitutions that do the same thing, so you are wrong in saying that it is not legal in most states.

    We won't even get into the US constitution and it's protection of the 2A and how the US constitution specifically enumerates the power to the federal government to enforce the protection of those rights, even on states that disagree.
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

  5. #4
    Quote Originally Posted by HooVooLoo View Post
    Simply repealing the statute will not make OC legal and lawful.

    Open Carry is not "legal" in neary every state in the union. I believe only AZ has a tiny blurb about OC being a protected right.

    What needs to happen is a law being added specifically granting the right of OC with a firearm, not a repeal of an already ambiguous ruleset.

    If you take away the statue you have quoted above, it would not make OC of a firearm legal. It would simply make it not illegal.

    There is a HUGE difference in that, and jurisprudence all over the country will show you that it rarely bodes well for the firearm owner.

    Rethink your campaign, because a simple repeal is going to get a lot of people in trouble.

    We need a clear and contiguous granting of the right, not a "let's take away the inability to do it and hope there is no aftermath."
    The government does not grant rights, it can only restrict them.

    If you are referring to some places that hit you with 'disturbing the peace' and other goofy charges, there are two issues. Since the Heller and McDonald cases, the ability to hit people with that charge is more difficult (see the recent Wisconsin incidents). Second, Florida has a law that prohibits localities (city or county, etc) from imposing their own rules regarding guns.

    If this statute was repealed then we indeed would have unrestricted carry with the exceptions of places otherwise prohibited by federal or state law.
    Moderator

  6. #5
    Quote Originally Posted by Unfettered Might View Post
    ...In Kentucky, OC is protected by our state constitution, it cannot be made illegal by statute. It would have to be repealed and here, that is not going to EVER happen.

    There are many other state constitutions that do the same thing, so you are wrong in saying that it is not legal in most states.
    I stand corrected.

    ...no criminal penalty shall attach to carrying a concealed firearm or other deadly weapon with a permit at any location at which an unconcealed firearm or other deadly weapon may be constitutionally carried.

    KY is the first state I've seen with a statute where OC is specifically mentioned as being allowed. (Hey, I haven't read them all.)

    But even KY has the stupid irony, the opposite of what I mentioned could happen in MA. OC the live long day, but if the wind causes the shirt not to ride UP the holster, but ride DOWN it and conceal it, you could be a criminal if you don't have a CC permit.

    MA has really ruined my brain in these analyses.

    Maybe the Feds should make it a penalty that you cannot choose to carry either openly or concealed, but you must do both at the same time. (No permits required of course.)

    And with the trillions of dollars they've been printing out, they can buy the second firearm for every person that wants to carry so they may comply with that law.

    Would that settle the whole debate? lol!

    Hmm, I'd prolly carry my .45ACp as an open cross-draw, with a snubby .357 on the opposite hip concealed.

  7. #6
    Join Date
    Nov 2010
    Location
    Port Saint Joe, Florida, United States
    Posts
    14
    I contacted the office of REP.Jimmy Patronis and spoke with his legislative aide Patti Butchikas. She gave me some B.S. about the fact that the legislative session was tight and that the issue of open carry was not on the list of priorities. I think that shows a complete lack of concern for the rights and views of the people in district 6. I will continue to email Patronis every week to keep the issue in his line of sight.
    ERIK M. ASHER
    ARMY VETERAN (DESERT STORM)
    SIG P220 CARRY

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