The Florida Legislature saw many casualties this week, but guns fired to the top of the losses during the 2016 legislative session, with several big bills being sent to the chopping block in Tallahassee.
Guns were the center of a significant portion of headlines in Florida this week.
Here’s what topped the news in gun world:
Stand Your Ground Bill Gets Second Chance
A bill to shift the burden of proof in Stand Your Ground cases got a second chance at legislative life this week.
The proposal, sponsored by Sen. Rob Bradley, R-Fleming Island, would would shift the “burden of proof” for Stand Your Ground cases, giving defendants more protection from prosecution by requiring prosecutors to prove “beyond a reasonable doubt” whether a defendant is entitled to immunity at a pretrial hearing in order to disprove a claim of self-defense immunity.
Bradley’s bill seemed doomed after it stalled in the House Criminal Justice Subcommittee in November, but House Speaker Steve Crisafulli referred the bill to the House Judiciary Committee this week, which gives the bill another shot at becoming law in Florida.
The legislation has already gathered significant support from gun groups like the National Rifle Association, which has already said the bill is vital for gun owners who may use their weapons to protect themselves in potentially harmful situations.
“If you own a gun and you ever have to use it to protect yourself or your family and -- you think, because of the Castle Doctrine/Stand Your Ground law, that the law is on your side, think again,” NRA lobbyist and former president Marion Hammer wrote in an email to members last month. “The Legislature gave you protection in 2005, but prosecutors and the courts have taken it away.”
Airplane Gun Bill Fizzles Out
A bill to allow guns in airport terminals was born this week and would have given concealed weapons permit holders the ability to carry their firearms into airport terminals.
SB 1500, sponsored by Sen. Wilton Simpson, R-Trilby, would expand gun rights for the state’s 1.5 million concealed carry permit holders, allowing them to tote their firearms in statewide airports. The legislation would not allow CCW holders to carry their firearms past security checkpoints, however. Those areas are still controlled by the federal Transportation and Security Agency and guns are strictly prohibited beyond those areas.
Simpson said the measure was important for concealed carry permit holders who are dropping off or picking up family members from the airport.
Airport terminals are currently part of 15 areas where even concealed carry permit holders can’t carry firearms per state law.
The bill initially saw promise in the Senate this week, where the Senate Criminal Justice Committee approved it by a vote of 3-2, but it didn’t fare as well in the House, where the companion hasn’t been heard by any of the committees. None of the committees have put the bill on the schedule to be heard, effectively stalling the bill.
The Senate bill, despite its initial promise, also suffered a huge blow when Sen. Miguel Diaz de la Portilla, R-Miami, refused to hear the bill in the Senate Judiciary Committee which he chairs.
Open Carry’s Light Extinguished
Legislation to legalize open carry for Florida’s concealed carry permit holders sailed through the Florida House, but any glimmer of hope it had at passing through the Senate was swiftly put out earlier this week.
The legislation, sponsored by Rep. Matt Gaetz, R-Shalimar, and Sen. Don Gaetz, R-Niceville, would have made it legal for concealed weapons permit holders to carry their firearms in public. The proposal gathered support from law enforcement groups statewide, but opponents of the legislation (including some mayors from the biggest cities in the state) said open carry would deter tourists from visiting Florida.
The legislation was another casualty of Sen. Miguel Diaz De la Portilla’s bill execution, where he refused to hear it in his committee.
Said Diaz de la Portilla on the airport gun bill and open carry:
"On all of these gun bills, I don't believe any of them are necessary," he said. "They could result in unintended consequences. I think we need to prioritize in our committee, as far as what we hear. We can't hear every bill that's referred to us."
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
