Posted on 06/21/2011 7:37:24 AM PDT by marktwain
Florida doesn't have an open-carry law to show your piece off in public, but it's now OK to "briefly and openly" flash your firearm to the populace.
Since Gov. Rick Scott signed SB 234 into law Friday, it's been legal to show off your hardware -- but just for a little bit.
Here's the addition to Florida Statutes that bans openly carrying your weaponry:
It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
So if you're not displaying your heat in "an angry or threatening manner," the Legislature and the governor think you ought to be able to wave it around for a little bit.
As a caveat, you need to have a concealed-weapons permit to exhibit your firearms to people, and you still can't even bring your gun into the typical gun-free zones -- schools, places where cops work, courthouses, the Legislature, etc.
The law also won't interfere with having a gun out while you're purchasing or trading one, which is now protected as well.
Leaving your piece in your car has been approved too, as long as you have a concealed-carry permit.
Click here to read the full text of the bill signed by the governor.
From the headline, visions of flashers. Mine is bigger than yours.
Gives new meaning to ‘flasher’...
I always thought the “anti-brandishing” laws were stupid when applied to CCHL holders.
What better way to diffuse a situation that would otherwise come down to the CCW carrier having to draw and shoot an attacker?
“Back off a$$4ole, I’m armed.”
The RINOs caved in and prevented real open carry.
what about our weapons?
I prefer the element of the big bang surprise when my life is being threatened.
from what this article says, it reads like the law was meant more than anything to protect ccw holders from ‘law enforcement’ in areas LEO’s look for any miniscule technical thing to charge ccw holders with.
The more complex they make gun laws, the worse it will be for free citizens.
Translation: you won't risk getting in trouble if the wind blows your jacket open and exposes your gun, or if reaching to a high shelf in the supermarket causes your gun to be momentarily exposed.
This does NOT make legal deliberately exposing your gun to somebody, in a message of "back off" (as that would violate the "intentionally displayed in an angry or threatening manner" clause) unless done so in self-defense against an aggressor.
The whole thing is a very bad law. They use such terms as “Briefly”, “Inadvertant” “Angry”. These are not legal terms.
This leaves it up to the LEO to determine what they mean. You may win in court, but a LEO could arrest you and haul you away if his definition of “Briefly” or “Angry” differs from yours. You’ll “win”, but it could cost you thousands.
Which is why we carry our wallets (and cell phones) on the opposite side of our body from the weapon.
We don’t intend for you to comply with the laws,
there’s no way to rule honest men...
“....from what this article says, it reads like the law was meant more than anything to protect ccw holders from ‘law enforcement’ in areas LEO’s look for any miniscule technical thing to charge ccw holders with....”
Exactly. And the governor signed the bill put before him, which was an improvement to existing law. If it’s not perfect, it’s not on him. People tend to read these things as if the governors write these laws from their dreams. They rarely do. They are the product of a legislative process.
Does the law really say that? I don't think so.
It has happened to me on occasion, as when a sudden gust of wind blows up my shirt tails to briefly reveal my inside-the-waistband holster and its contents. I don't wish to make anyone uncomfortable or feel threatened (even if that is fundamentally their issue rather than mine), but chances are, they don't know me or my intentions either. It also removes an element of uncertainty and surprise for any bad actors who might be around, and that's why I prefer to carry concealed in the first place.
personal choice. i carry my wallet on the same side as my firearm; cellphone and knife opposite.
but MI is an open and concealed carry state. if i want to completely take my jacket off and walk around with my firearm out in the open, i’m okay.
109ACS wrote:
The whole thing is a very bad law. They use such terms as “Briefly”, “Inadvertant” “Angry”. These are not legal terms.
Correct. This law will be nullified by the first judge who reads it.
They really need to simplify everything. Anyone with a carry permit can carry. End of discussion.
Actually, by the Constitution of the United States and the Florida Constitution, everyone should be able to carry. Florida is one of the only states that makes it absolutely clear in the state constitution who "the militia" really is.
Article 10, Section 2 of the Florida Constitution:
(a) The militia shall be composed of all ablebodied inhabitants of the state who are or have declared their intention to become citizens of the United States;…
We may have other issues, including a constitutional 3 day waiting period for handgun purchase, but we are clear on who can own guns.
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