Florida House Bill 45 aims to protect Florida gun owners

Here in Central Florida, there are hundreds of local firearms ordinances on the books despite the state’s 1987 preemption statute. These laws continue to exist because, as previously reported here, Florida community leaders have been willfully ignoring state firearms laws by passing and attempting to enforce local laws that are preempted by the state.

Gun rights advocates have been pressuring counties and cities throughout the state to come in to compliance with state law for years but have had only marginal success. The few cases that have been filed on preemption grounds have been highly successful in forcing compliance but the victories have come at heavy expense. Unlike most laws, there is no penalty for violating the firearms preemption statute. Attorney’s fees, court costs, other expenses can not be recovered once a preemption case is successful.

Florida State House Representative Matt Gaetz aims to put real teeth in Florida’s firearms preemption law this year with House Bill 45. The bill would make it a 3rd degree felony for a lawmaker to knowingly skirt the state statute and provide for $5 million in fines. HB 45 also provides for attorney’s fees and payment of fines to an individual or organization that successfully sues to counter a preempted local regulation.

In any discussion of, it is advisable to review the Constitution, and the writings of the Founders, in order to properly understand the Second Amendment, why it was written the way it was, and why it was considered so important that it was considered second only to the freedom of speech and assembly.

I suggest starting with Jefferson’s “it is the right and duty of the citizen to be at all times armed...”. The phrase “at all times” leaves no wiggle room for a communism infected official.

The Founders regularly said and wrote about being armed in such manner as would not now be heard even at a closed door party of NRA leaders. Americans are going to have to deal with the effects of allowing socialists to take over education and inculcate hoplophobia in generations of Americans.

Florida House Bill 45 should be loudly supported by all Floridians who believe in the Second Amendment.

Agreed! Regarding where in Florida CCW is permitted, I went to the horse's mouth ... The first paragraph establishes State pre-emption of CCW laws, rules and regulations.(Bump!)

Sorry about the lack of paragraphs on the longer sections - just man up and read through it! BTW - Yes I'm CCW but don't much anymore - long dang story ... ;-)

FS 790.06 (15):

The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights.

FS 790.06(12)

No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

...

This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.

823.05 Places of Nuisance - No CCW allowed

Places and groups engaged in criminal gang-related activity declared a nuisance; may be abated and enjoined. — (1)

Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures, and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.

I cannot say that parks are covered elsewhere re CCW but it does not appear here where they specifically list prohibited areas and then note your right to carry is to be liberally construed. I'd also note that there is NO apparent restriction on CCW for malls or private businesses.

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