A bill to allow concealed weapons permit holders to openly carry their firearms in Florida is gaining momentum with state police chiefs, who say they’re prepared to fully support the legislation come 2016.
HB 163/SB 300 would allow Floridians with concealed carry permits would be allowed to “openly carry” their firearms. The legislation would only apply to concealed weapons permit holders.
The Florida Police Chiefs Association, the third largest police chiefs association in the United States, said they’d back the bill, sponsored by Rep. Matt Gaetz, R-Shalimar, and Sen. Don Gaetz, R-Niceville, as long as four amendments to protect law enforcement officers are included in the proposal.
"The police chiefs understand that momentum is building," association spokeswoman Sandi Poreda told the News Service of Florida. "And because of their concerns for police officers' safety, they wanted to go ahead and reach out to the bill sponsors and work on these amendments, which they believe will better protect officers."
Anyone who willfully infringed on concealed weapons permit holders’ right to openly carry 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), but an amendment to the bill would lessen penalties for law enforcement officers infringing on permit holders’ right to carry firearms.
Law enforcement officers would have to have “reasonable suspicion” that someone carrying a firearm has committed a crime before stopping them.
Other proposed amendments would offer more protections for law enforcement officers, including a provision which would require holsters for openly carrying firearms.
Another amendment would include language that anyone carrying a firearm "intentionally … in an angry or threatening manner, not in necessary self defense" would not be covered under the open carry.
Another proposed revision would clarify bill language, which says no one infringing on the open carry law could be immune from prosecution. But both Rep. and Sen. Gaetz have said law enforcement officers should be allowed to stop and conduct reasonable investigations.
Other law enforcement organizations like the Florida Sheriffs Association, which represents sheriffs statewide, have already expressed their opposition to the bill, saying the legislation is too broad and doesn’t have enough limits, as well as expressing concerns about the law making it difficult for police officers to ensure public safety.
Their opposition to the bill has been met with fire from the National Rifle Association, which has strongly backed the measure on top of various other gun issues hitting the legislature next year.
"Opponents have presented no evidence that open carry isn’t working in any state and no evidence of problems in any state," NRA lobbyist and past president Marion Hammer wrote in a Tallahassee Democrat op-ed. "Simply because different states have variations in their laws does not in any way alter the fact that open-carry is working."
The bill has already passed through the necessary committees and will head to the legislature in January.
If the Gaetzes' bills pass, Florida would join many other states allowing open carry in the U.S. As of Aug., 31 states across the country do not require a permit to openly carry a weapon. A higher number -- 44 states -- currently allow open carry. Few states have an outright ban on the practice — California, Florida, Illinois, New York, South Carolina and Texas all don’t allow open carry.
Roughly 1.5 million Floridians currently possess concealed carry permits.
Florida’s regular legislative session begins Jan. 12.
