A proposed bill in Florida could significantly alter the state’s firearm regulations, allowing for open carry in various public spaces.
State Representative Joel Rudman has introduced a bill that, if passed, would legalize open carry of firearms in Florida. This move could transform the state into one where carrying guns openly is permissible in numerous locations. Rudman, a Republican from Navarre and a family medicine practitioner, is seeking to eliminate many of the existing gun-free zones, arguing for a broader interpretation of gun rights in the state known as the ‘Gunshine State.’ His bill aims to repeal specific restrictions, including those placed by the ‘red flag’ law established following the tragic Marjory Stoneman Douglas High School shooting in 2018.
The concept of ‘open carry’ involves carrying a firearm in a manner that is visible or partially concealed, and while some states require a permit for this, others do not. Presently, Florida, alongside states like California, Illinois, and New York, bans open carry. In Florida, doing so is considered a second-degree misdemeanor. However, exemptions exist for law enforcement, military personnel, and certain other groups.
House Bill 31, known as the Carrying and Possession of Weapons and Firearms bill, seeks to remove bans on open carry in a variety of locations. These include courthouse parking lots, polling places, school and college events, and professional sports events, among others. The bill also proposes the repeal of ‘red flag’ laws, which currently empower law enforcement to seize firearms from individuals deemed a threat to themselves or others.
Moreover, the bill addresses the ban on bump stocks, suggesting amendments to allow modifications that would increase the rate of fire of firearms, albeit not to the level of automatic weapons. It also plans to eliminate fees associated with carrying a concealed weapon, as well as background check fees. Notably, firearms would still be prohibited in courtrooms and meetings of the Florida Legislature, although judges and legislators would retain the right to carry concealed weapons in those settings.
The distinction between ‘open carry,’ ‘concealed carry,’ and ‘constitutional carry’ is crucial in this context. While open carry involves visible firearms, concealed carry pertains to firearms that are hidden from view. Constitutional carry permits both without necessitating permits or licenses. Florida’s proposed changes would allow more freedom for gun owners but maintain certain legal boundaries.
Under the new bill, gun owners would not require a license to carry firearms, though they would need to possess valid identification when carrying a weapon. If a law enforcement officer requests to see this ID, failure to comply could result in a fine.
While the bill would expand the freedom to carry various weapons, restrictions on machine guns, fully automatic weapons, and similar devices would remain in place.
Currently, Florida does not necessitate a permit to purchase firearms, and there is no registration system for gun ownership. However, background checks remain mandatory, accompanied by a three-day waiting period, with potential extensions in specific counties.
If the bill is approved during the 2025 legislative session, it would take effect immediately upon the governor’s signature.
The introduction of HB 31 marks a significant step in altering Florida’s approach to gun legislation, reflecting ongoing debates over Second Amendment rights and public safety.
Source: News-journalonline
