A bill to legalize open carry in Florida squeezed through a House subcommittee Wednesday, passing by a narrow vote of 7-6.
The bill, HB 163, is a father-son effort from Rep. Matt Gaetz, R-Shalimar, and Sen. Don Gaetz, R-Niceville. If the bill becomes law, Floridians with concealed weapons permits would be allowed to "openly carry" their firearms in the Sunshine State.
Anyone who willfully infringed on concealed weapons permit holders’ right to openly carry (like law enforcement officers) would face a $5,000 fine. Government entities who try to infringe upon the open carry rule could face an even higher penalty, $100,000.
The bill has quickly become one of the more controversial proposals making its way to the 2016 legislative session, and Wednesday’s meeting fell in line with previous committee hearings, which have gathered significant public testimony from those both supporting and opposing the bill.
Several of the bill’s supporters spoke on the necessity for the legislation to strengthen Second Amendment rights and to protect concealed carry permit holders from prosecution should they accidentally display their weapon in public.
"If you have a license to carry concealed, any time you are carrying concealed you are in danger of being arrested and prosecuted like a criminal,” said lobbyist and former NRA president Marion Hammer.
The National Rifle Association has been a strong supporter of Gaetz’s legislation, saying the bill is sound and provides enough restrictions which make open carry generally safe for Florida. The group defended the legislation, rebuffing claims that the law lacked limits for how or where firearms could be carried, one of the biggest apprehensions opponents have on the law.
The Florida Sheriffs Association, which represents sheriffs statewide, has emerged as one of the strongest voices against open carry in Florida, saying the bill is too broad and doesn’t have enough limits and that it would make it difficult for police officers to ensure public safety.
"There are people out there who, if they can walk down a beach with their gun stuck in their bathing suit, they will; there are people who will walk down the street past children holding their gun, just because they can," said Pinellas Sheriff Bob Gualtieri, spokesman for the Sheriffs Association.
A survey conducted by the group found 70 percent of sheriffs statewide are opposed to the bill.
Not all sheriffs were onboard with opposing the measure, however. Liberty County Sheriff Nick Finch said open carry could potentially save lives against crime.
"Look what happened in Paris, France,” he told the committee. “Nobody was armed."
"It is with a heavy heart that I take a position...not of the view of the [Florida Sheriffs Association,]" said Rep. Gaetz on their differing opinions.
Other groups, like the League of Women Voters of Florida, said they didn’t understand the necessity of open carry.
"There was no public outcry, no clamoring for open carry in Florida,” said Patricia Brigham, chairwoman of gun safety committee for the LWOV.
Some Republicans crossed party lines to oppose the measure, like Rep. Kathleen Peters, R-Treasure Island, who expressed concerns over holstering requirements with the bill.
"Our core responsibility is public safety, and are we truly allowing public safety when we allow someone to carry a gun when they’re walking down the street?" she asked.
The 2016 legislative session begins in January.
Reach Allison Nielsen at allison@sunshinestatenews.com.
