Posted on 08/08/2011 11:04:43 AM PDT by neverdem
New law clarifies accidental weapon exposure issue; goes into effect Oct. 1
A Florida law that goes into effect in two months expands the rights of gun-toters, allowing them to carry a concealed firearm that might be exposed to the ordinary sight of another person.
Senate Bill 234, which eases the restriction on carrying a concealed weapon, has sparked considerable debate in communities across the state over public safety issues. But police officials in St. Augustine say there's no cause for anxiety.
Public Information Officer Mark Samson of St. Augustine Police Department said, "I don't really have any serious concern about it (the new law)."
This law that goes into effect Oct. 1 modifies a provision of the existing firearm statute that prohibits openly carrying a firearm.
Sgt. Chuck Mulligan, public information officer with the St. Johns County Sheriff's Office said, "The legislation is obviously crafted from the concerns of the public."
The Open Carry law says if a person displays a firearm in an angry or threatening manner for reasons other than self-defense, it would be considered a violation and would be charged as a second-degree misdemeanor.
"If the wind blew open a man's jacket and exposed a gun and someone reported it," Samson said, "the man would not be doing anything illegal."
The language of the bill has essentially been revised to allow for accidents, such as the one in Samson's example.
The law also allows registered firearm owners to have weapons in their cars. In addition, it clarifies that Florida residents "can lawfully purchase, trade, or transfer a rifle or shotgun into another state."
However, those have been limited to states that are "contiguous to Florida."
The law specifies that a previous section of law that defines where weapons are not allowed has not been modified.
Firearms are still not allowed on school property, career centers, bars, college or university property, any place of nuisance (a drug house, for example), police stations, jail and court.
However, the language of the new law has been modified to say, "Nothing in this section would preclude a judge from carrying a concealed weapon or determine who will carry a concealed weapon in his or her courtroom."
This is to enforce the "no weapon" policy in the courthouse while allowing judges to protect themselves.
Private businesses are allowed to decide if they approve guns inside or not. The restrictions on where guns cannot be carried remain mostly the same. But the law does provide that guns are now allowed at parks and town halls, according to The Miami Herald.
Although allowed in town halls, the law prohibits firearms to be carried in a county commission or school board meeting within the town hall in order to avoid gun use in a hostile situation.
"Really what this does is realign the dos and don'ts of carrying a concealed weapon," Samson said. "It's kind of like changing the oil in your car. ... The statute just needed to be updated."
According to Mulligan, "The statute appears to require less law enforcement except where it's prohibited," meaning that officers will only need to enforce open carry laws in prohibited areas, whereas everywhere else has become an open range to carry firearms.
Local officials have to repeal local restrictions on gun ownership. Those who fail to comply with the new law will be fined, according to Diana Dmoskovitz of The Miami Herald. The initial bill suggested setting the fine for noncompliance as high as $5 million. The final bill lowered the fine to $5,000.
Officials and officers who fail to comply with the new law also may be punished by registered firearm carriers, who will be able to sue for damages if they believe their rights have been violated.
Since this law was passed, the only restrictions on concealed weapons are those approved by the state Legislature.
"It's the law, and we are the instruments of the policy makers," Mulligan said. "So if that's what legislation said, then we must follow through."
Marion Hammer, a longtime National Rifle Association lobbyist, said, "You're not going to have every Tom, Dick and Harry carrying a firearm on their person up and down the streets and into buildings because it's a felony."
But once this law is enacted, that will only be a felony if the person does not have a license to carry a concealed weapon.
"Close to a million people in the state are licensed to carry concealed (firearms)," Hammer said.
The concerns of millions of Florida residents about the bill vary in different areas in the state and remain divided -- as the debate has been for some time.
Opinions of the new open carrying law also vary depending upon the size of the city.
Vice Mayor of Miami Gardens Aaron Campbell said, "This probably passed because of someone from the NRA, someone who doesn't care about urban conditions."
"It's sad a piece of legislation can be passed like this," Campbell said.
>> “As in someone openly carrying a firearm in a town or a city may make the citizens uneasy” <<
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Only if “the citizens” are mentally ill, or morally despicable.
>> “Hmm.. and where do most mass shootings occur?” <<
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Only where firearms are prohibited, of course. (we wouldn’t want our perps to get wounded)
I rarely give elected officials that much credit for honesty.
My vote, as well.
It's a concern I have. I like to carry a full sized auto. In MN, for most of the year, you can comfortably wear a cover garment. This past summer, we've had some incredibly humid weather that has forced me to either wear my SmartCarry holster, or downgrade to my .22 auto.
MN is lib-tard enough that the sheep still panic at the thought of someone being armed.
We're working on changing that perception.
You have to be mentally ill or morally despicable to feel uneasy abou seeing someone with a gun in a public place? Whatever you say there Mr. Earp.
Yes sir, Mr Obummer!
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