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Thanks to a Republican LOSS, Open and Campus Carry Coming To Florida in 2017

Have you ever heard the adage, “addition by subtraction”?

Well, that’s what is going on in Florida thanks to gun hating Republican State Senator Miguel Diaz de la Portilla losing his reelection campaign to Democrat Jose Javier Rodriguez by about 6 thousand votes.  Portilla, for two years has single handedly blocked campus and open carry from becoming the law of the Sunshine State even though the State Senate is overwhelmingly pro gun.

Now you may be thinking that Rodriguez is a pro gun guy and that is what I meant by addition by subtraction but that couldn’t be further from the truth.  Rodriguez is just as anti gun than Portilla; though Portilla might still have a job had he not turned his back on the Bill of rights, but I digress.

No, the victory for the 2nd Amendment in Florida comes because Portilla was the Chairman of the Judiciary Committee.  And it was from that seat of power that for 2 consecutive years, Portilla would reign like a despot refusing to allow the open and campus carry bills from going to the full Senate for a vote, instead ensuring that they died in committee.  After passing the Florida House of Representatives and with a willing Republican Governor ready to sign the bills into law, it was Portilla who took a play from Harry Reid’s book of tyranny to single handedly decide what should and shouldn’t be allowed to be voted on.  Frankly, Portilla usurped the entire process to undermine the will of the people.

And wouldn’t you know it, that would be potentate lost his reelection.

That’s the subtraction.

The addition comes from his replacement, not for his Senate seat but rather in which Senator takes over as the Chairman of the Judiciary Committee.   State Senator Greg Steube, staunch 2nd Amendment advocate and open carry supporter.

On December 9th Steube wasted no time and filed SB 140 for the 2017 session. With him as the Chair it will not be held up in committee but rather will get the full vote of the Senate that it so richly deserved.  With Portilla’s defeat the make up of the Senate has changed slightly with 25 republicans to 15 Democrats but only a simply majority is needed for the bill to  pass and with even a greater Republican majority in the House and  a willing Governor in Rick Scott, Florida will soon join the other 45 states in the Union that allow open carry of firearms.

Now, do I have some issues with SB140?  Sure.  First and foremost it still requires a permit in which to openly carry.  Currently 30 states do not require any permit in order to open carry a firearm, 15 do and 5 (including FL) do not allow open carry at all.

I will chalk this up to needing to placate a jittery public who have been brainwashed into thinking that criminals follow the laws and that needing a permit is stopping ANY criminal from carrying a gun.

But it IS a first step and becoming the 46th state to embrace open carry will put pressure on the last remaining pro gun state to follow suit, South Carolina.  As for the final three, New York, California and Illinois…well that will be a tougher road to hoe.  The mental disease of liberalism permeates throughout California but in Illinois and New York it is confined to the major city in each state.  If they can work around that then who knows.

All in all thanks to the RINO Portilla losing his reelection, the people of Florida are one step closer to being able to exercise their right to keep and bear arms more freely and that is a good thing.

Sometimes you just have to cut out the cancer to save the body and FORMER  Republican State Senator Miguel Diaz de la Portilla was that cancer.  Now that he is gone the Senate body can move forward in healing the scars of tyranny that Portilla had left in his wake.

There are some things that need to be worked on, mainly section 12(a) which lays out where guns are prohibited from being carried even with a license.  A simple amendment here will allow for campus carry as well as open carry and I am hoping such an amendment will be introduced.

Once passed, the law will go into effect on July 1st 2017.

For those of you who want to give it a look, SB140 follows in its entirety:

 Florida Senate - 2017                                     SB 140
       
       
        
       By Senator Steube
       
       23-00208-17                                            2017140__
    1                        A bill to be entitled                      
    2         An act relating to openly carrying a handgun; amending
    3         s. 790.06, F.S.; authorizing a compliant licensee to
    4         openly carry a handgun; revising the list of specified
    5         locations into which a licensee may not openly carry a
    6         handgun or carry a concealed weapon or firearm;
    7         reenacting s. 790.053(1), F.S., relating to the open
    8         carrying of weapons, to incorporate the amendment made
    9         to s. 790.06, F.S., in a reference thereto; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 790.06, Florida Statutes, is amended to
   15  read:
   16         790.06  License to carry concealed weapon or firearm; open
   17  carrying of handgun.—
   18         (1) The Department of Agriculture and Consumer Services is
   19  authorized to issue licenses to carry concealed weapons or
   20  concealed firearms to persons qualified as provided in this
   21  section. Each such license must bear a color photograph of the
   22  licensee. For the purposes of this section, concealed weapons or
   23  concealed firearms are defined as a handgun, electronic weapon
   24  or device, tear gas gun, knife, or billie, but the term does not
   25  include a machine gun as defined in s. 790.001(9). Such licenses
   26  shall be valid throughout the state for a period of 7 years from
   27  the date of issuance. Any person in compliance with the terms of
   28  such license may carry a concealed weapon or concealed firearm
   29  notwithstanding the provisions of s. 790.01 or may openly carry
   30  a handgun notwithstanding s. 790.053. The licensee must carry
   31  the license, together with valid identification, at all times in
   32  which the licensee is in actual possession of a concealed weapon
   33  or firearm or openly carrying a handgun and must display both
   34  the license and proper identification upon demand by a law
   35  enforcement officer. Violations of the provisions of this
   36  subsection shall constitute a noncriminal violation with a
   37  penalty of $25, payable to the clerk of the court.
   38         (2) The Department of Agriculture and Consumer Services
   39  shall issue a license if the applicant:
   40         (a) Is a resident of the United States and a citizen of the
   41  United States or a permanent resident alien of the United
   42  States, as determined by the United States Bureau of Citizenship
   43  and Immigration Services, or is a consular security official of
   44  a foreign government that maintains diplomatic relations and
   45  treaties of commerce, friendship, and navigation with the United
   46  States and is certified as such by the foreign government and by
   47  the appropriate embassy in this country;
   48         (b) Is 21 years of age or older;
   49         (c) Does not suffer from a physical infirmity which
   50  prevents the safe handling of a weapon or firearm;
   51         (d) Is not ineligible to possess a firearm pursuant to s.
   52  790.23 by virtue of having been convicted of a felony;
   53         (e) Has not been committed for the abuse of a controlled
   54  substance or been found guilty of a crime under the provisions
   55  of chapter 893 or similar laws of any other state relating to
   56  controlled substances within a 3-year period immediately
   57  preceding the date on which the application is submitted;
   58         (f) Does not chronically and habitually use alcoholic
   59  beverages or other substances to the extent that his or her
   60  normal faculties are impaired. It shall be presumed that an
   61  applicant chronically and habitually uses alcoholic beverages or
   62  other substances to the extent that his or her normal faculties
   63  are impaired if the applicant has been committed under chapter
   64  397 or under the provisions of former chapter 396 or has been
   65  convicted under s. 790.151 or has been deemed a habitual
   66  offender under s. 856.011(3), or has had two or more convictions
   67  under s. 316.193 or similar laws of any other state, within the
   68  3-year period immediately preceding the date on which the
   69  application is submitted;
   70         (g) Desires a legal means to carry a concealed weapon or
   71  firearm for lawful self-defense;
   72         (h) Demonstrates competence with a firearm by any one of
   73  the following:
   74         1. Completion of any hunter education or hunter safety
   75  course approved by the Fish and Wildlife Conservation Commission
   76  or a similar agency of another state;
   77         2. Completion of any National Rifle Association firearms
   78  safety or training course;
   79         3. Completion of any firearms safety or training course or
   80  class available to the general public offered by a law
   81  enforcement agency, junior college, college, or private or
   82  public institution or organization or firearms training school,
   83  using instructors certified by the National Rifle Association,
   84  Criminal Justice Standards and Training Commission, or the
   85  Department of Agriculture and Consumer Services;
   86         4. Completion of any law enforcement firearms safety or
   87  training course or class offered for security guards,
   88  investigators, special deputies, or any division or subdivision
   89  of a law enforcement agency or security enforcement;
   90         5. Presents evidence of equivalent experience with a
   91  firearm through participation in organized shooting competition
   92  or military service;
   93         6. Is licensed or has been licensed to carry a firearm in
   94  this state or a county or municipality of this state, unless
   95  such license has been revoked for cause; or
   96         7. Completion of any firearms training or safety course or
   97  class conducted by a state-certified or National Rifle
   98  Association certified firearms instructor;
   99  
  100  A photocopy of a certificate of completion of any of the courses
  101  or classes; an affidavit from the instructor, school, club,
  102  organization, or group that conducted or taught such course or
  103  class attesting to the completion of the course or class by the
  104  applicant; or a copy of any document that shows completion of
  105  the course or class or evidences participation in firearms
  106  competition shall constitute evidence of qualification under
  107  this paragraph. A person who conducts a course pursuant to
  108  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  109  an instructor, attests to the completion of such courses, must
  110  maintain records certifying that he or she observed the student
  111  safely handle and discharge the firearm in his or her physical
  112  presence and that the discharge of the firearm included live
  113  fire using a firearm and ammunition as defined in s. 790.001;
  114         (i) Has not been adjudicated an incapacitated person under
  115  s. 744.331, or similar laws of any other state, unless 5 years
  116  have elapsed since the applicant’s restoration to capacity by
  117  court order;
  118         (j) Has not been committed to a mental institution under
  119  chapter 394, or similar laws of any other state, unless the
  120  applicant produces a certificate from a licensed psychiatrist
  121  that he or she has not suffered from disability for at least 5
  122  years before the date of submission of the application;
  123         (k) Has not had adjudication of guilt withheld or
  124  imposition of sentence suspended on any felony unless 3 years
  125  have elapsed since probation or any other conditions set by the
  126  court have been fulfilled, or expunction has occurred;
  127         (l) Has not had adjudication of guilt withheld or
  128  imposition of sentence suspended on any misdemeanor crime of
  129  domestic violence unless 3 years have elapsed since probation or
  130  any other conditions set by the court have been fulfilled, or
  131  the record has been expunged;
  132         (m) Has not been issued an injunction that is currently in
  133  force and effect and that restrains the applicant from
  134  committing acts of domestic violence or acts of repeat violence;
  135  and
  136         (n) Is not prohibited from purchasing or possessing a
  137  firearm by any other provision of Florida or federal law.
  138         (3) The Department of Agriculture and Consumer Services
  139  shall deny a license if the applicant has been found guilty of,
  140  had adjudication of guilt withheld for, or had imposition of
  141  sentence suspended for one or more crimes of violence
  142  constituting a misdemeanor, unless 3 years have elapsed since
  143  probation or any other conditions set by the court have been
  144  fulfilled or the record has been sealed or expunged. The
  145  Department of Agriculture and Consumer Services shall revoke a
  146  license if the licensee has been found guilty of, had
  147  adjudication of guilt withheld for, or had imposition of
  148  sentence suspended for one or more crimes of violence within the
  149  preceding 3 years. The department shall, upon notification by a
  150  law enforcement agency, a court, or the Florida Department of
  151  Law Enforcement and subsequent written verification, suspend a
  152  license or the processing of an application for a license if the
  153  licensee or applicant is arrested or formally charged with a
  154  crime that would disqualify such person from having a license
  155  under this section, until final disposition of the case. The
  156  department shall suspend a license or the processing of an
  157  application for a license if the licensee or applicant is issued
  158  an injunction that restrains the licensee or applicant from
  159  committing acts of domestic violence or acts of repeat violence.
  160         (4) The application shall be completed, under oath, on a
  161  form adopted by the Department of Agriculture and Consumer
  162  Services and shall include:
  163         (a) The name, address, place of birth, date of birth, and
  164  race of the applicant;
  165         (b) A statement that the applicant is in compliance with
  166  criteria contained within subsections (2) and (3);
  167         (c) A statement that the applicant has been furnished a
  168  copy of this chapter and is knowledgeable of its provisions;
  169         (d) A conspicuous warning that the application is executed
  170  under oath and that a false answer to any question, or the
  171  submission of any false document by the applicant, subjects the
  172  applicant to criminal prosecution under s. 837.06;
  173         (e) A statement that the applicant desires a concealed
  174  weapon or firearms license as a means of lawful self-defense;
  175  and
  176         (f) Directions for an applicant who is a servicemember, as
  177  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
  178  request expedited processing of his or her application.
  179         (5) The applicant shall submit to the Department of
  180  Agriculture and Consumer Services or an approved tax collector
  181  pursuant to s. 790.0625:
  182         (a) A completed application as described in subsection (4).
  183         (b) A nonrefundable license fee of up to $60 if he or she
  184  has not previously been issued a statewide license or of up to
  185  $50 for renewal of a statewide license. The cost of processing
  186  fingerprints as required in paragraph (c) shall be borne by the
  187  applicant. However, an individual holding an active
  188  certification from the Criminal Justice Standards and Training
  189  Commission as a law enforcement officer, correctional officer,
  190  or correctional probation officer as defined in s. 943.10(1),
  191  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
  192  requirements of this section. If such individual wishes to
  193  receive a concealed weapon or firearm license, he or she is
  194  exempt from the background investigation and all background
  195  investigation fees but must pay the current license fees
  196  regularly required to be paid by nonexempt applicants. Further,
  197  a law enforcement officer, a correctional officer, or a
  198  correctional probation officer as defined in s. 943.10(1), (2),
  199  or (3) is exempt from the required fees and background
  200  investigation for 1 year after his or her retirement.
  201         (c) A full set of fingerprints of the applicant
  202  administered by a law enforcement agency or the Division of
  203  Licensing of the Department of Agriculture and Consumer Services
  204  or an approved tax collector pursuant to s. 790.0625 together
  205  with any personal identifying information required by federal
  206  law to process fingerprints.
  207         (d) A photocopy of a certificate, affidavit, or document as
  208  described in paragraph (2)(h).
  209         (e) A full frontal view color photograph of the applicant
  210  taken within the preceding 30 days, in which the head, including
  211  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
  212         (f) For expedited processing of an application:
  213         1. A servicemember shall submit a copy of the Common Access
  214  Card, United States Uniformed Services Identification Card, or
  215  current deployment orders.
  216         2. A veteran shall submit a copy of the DD Form 214, issued
  217  by the United States Department of Defense, or another
  218  acceptable form of identification as specified by the Department
  219  of Veterans’ Affairs.
  220         (6)(a) The Department of Agriculture and Consumer Services,
  221  upon receipt of the items listed in subsection (5), shall
  222  forward the full set of fingerprints of the applicant to the
  223  Department of Law Enforcement for state and federal processing,
  224  provided the federal service is available, to be processed for
  225  any criminal justice information as defined in s. 943.045. The
  226  cost of processing such fingerprints shall be payable to the
  227  Department of Law Enforcement by the Department of Agriculture
  228  and Consumer Services.
  229         (b) The sheriff’s office shall provide fingerprinting
  230  service if requested by the applicant and may charge a fee not
  231  to exceed $5 for this service.
  232         (c) The Department of Agriculture and Consumer Services
  233  shall, within 90 days after the date of receipt of the items
  234  listed in subsection (5):
  235         1. Issue the license; or
  236         2. Deny the application based solely on the ground that the
  237  applicant fails to qualify under the criteria listed in
  238  subsection (2) or subsection (3). If the Department of
  239  Agriculture and Consumer Services denies the application, it
  240  shall notify the applicant in writing, stating the ground for
  241  denial and informing the applicant of any right to a hearing
  242  pursuant to chapter 120.
  243         3. In the event the department receives criminal history
  244  information with no final disposition on a crime which may
  245  disqualify the applicant, the time limitation prescribed by this
  246  paragraph may be suspended until receipt of the final
  247  disposition or proof of restoration of civil and firearm rights.
  248         (d) In the event a legible set of fingerprints, as
  249  determined by the Department of Agriculture and Consumer
  250  Services or the Federal Bureau of Investigation, cannot be
  251  obtained after two attempts, the Department of Agriculture and
  252  Consumer Services shall determine eligibility based upon the
  253  name checks conducted by the Florida Department of Law
  254  Enforcement.
  255         (e) A consular security official of a foreign government
  256  that maintains diplomatic relations and treaties of commerce,
  257  friendship, and navigation with the United States and is
  258  certified as such by the foreign government and by the
  259  appropriate embassy in this country must be issued a license
  260  within 20 days after the date of the receipt of a completed
  261  application, certification document, color photograph as
  262  specified in paragraph (5)(e), and a nonrefundable license fee
  263  of $300. Consular security official licenses shall be valid for
  264  1 year and may be renewed upon completion of the application
  265  process as provided in this section.
  266         (f) The Department of Agriculture and Consumer Services
  267  shall, upon receipt of a completed application and the
  268  identifying information required under paragraph (5)(f),
  269  expedite the processing of a servicemember’s or a veteran’s
  270  concealed weapon or firearm license application.
  271         (7) The Department of Agriculture and Consumer Services
  272  shall maintain an automated listing of licenseholders and
  273  pertinent information, and such information shall be available
  274  online, upon request, at all times to all law enforcement
  275  agencies through the Florida Crime Information Center.
  276         (8) Within 30 days after the changing of a permanent
  277  address, or within 30 days after having a license lost or
  278  destroyed, the licensee shall notify the Department of
  279  Agriculture and Consumer Services of such change. Failure to
  280  notify the Department of Agriculture and Consumer Services
  281  pursuant to the provisions of this subsection shall constitute a
  282  noncriminal violation with a penalty of $25.
  283         (9) In the event that a concealed weapon or firearm license
  284  is lost or destroyed, the license shall be automatically
  285  invalid, and the person to whom the same was issued may, upon
  286  payment of $15 to the Department of Agriculture and Consumer
  287  Services, obtain a duplicate, or substitute thereof, upon
  288  furnishing a notarized statement to the Department of
  289  Agriculture and Consumer Services that such license has been
  290  lost or destroyed.
  291         (10) A license issued under this section shall be suspended
  292  or revoked pursuant to chapter 120 if the licensee:
  293         (a) Is found to be ineligible under the criteria set forth
  294  in subsection (2);
  295         (b) Develops or sustains a physical infirmity which
  296  prevents the safe handling of a weapon or firearm;
  297         (c) Is convicted of a felony which would make the licensee
  298  ineligible to possess a firearm pursuant to s. 790.23;
  299         (d) Is found guilty of a crime under the provisions of
  300  chapter 893, or similar laws of any other state, relating to
  301  controlled substances;
  302         (e) Is committed as a substance abuser under chapter 397,
  303  or is deemed a habitual offender under s. 856.011(3), or similar
  304  laws of any other state;
  305         (f) Is convicted of a second violation of s. 316.193, or a
  306  similar law of another state, within 3 years after a first
  307  conviction of such section or similar law of another state, even
  308  though the first violation may have occurred before the date on
  309  which the application was submitted;
  310         (g) Is adjudicated an incapacitated person under s.
  311  744.331, or similar laws of any other state; or
  312         (h) Is committed to a mental institution under chapter 394,
  313  or similar laws of any other state.
  314  
  315  Notwithstanding s. 120.60(5), service of a notice of the
  316  suspension or revocation of a concealed weapon or firearm
  317  license must be given by either certified mail, return receipt
  318  requested, to the licensee at his or her last known mailing
  319  address furnished to the Department of Agriculture and Consumer
  320  Services, or by personal service. If a notice given by certified
  321  mail is returned as undeliverable, a second attempt must be made
  322  to provide notice to the licensee at that address, by either
  323  first-class mail in an envelope, postage prepaid, addressed to
  324  the licensee at his or her last known mailing address furnished
  325  to the department, or, if the licensee has provided an e-mail
  326  address to the department, by e-mail. Such mailing by the
  327  department constitutes notice, and any failure by the licensee
  328  to receive such notice does not stay the effective date or term
  329  of the suspension or revocation. A request for hearing must be
  330  filed with the department within 21 days after notice is
  331  received by personal delivery, or within 26 days after the date
  332  the department deposits the notice in the United States mail (21
  333  days plus 5 days for mailing). The department shall document its
  334  attempts to provide notice, and such documentation is admissible
  335  in the courts of this state and constitutes sufficient proof
  336  that notice was given.
  337         (11)(a) At least 90 days before the expiration date of the
  338  license, the Department of Agriculture and Consumer Services
  339  shall mail to each licensee a written notice of the expiration
  340  and a renewal form prescribed by the Department of Agriculture
  341  and Consumer Services. The licensee must renew his or her
  342  license on or before the expiration date by filing with the
  343  Department of Agriculture and Consumer Services the renewal form
  344  containing an affidavit submitted under oath and under penalty
  345  of perjury stating that the licensee remains qualified pursuant
  346  to the criteria specified in subsections (2) and (3), a color
  347  photograph as specified in paragraph (5)(e), and the required
  348  renewal fee. Out-of-state residents must also submit a complete
  349  set of fingerprints and fingerprint processing fee. The license
  350  shall be renewed upon receipt of the completed renewal form,
  351  color photograph, appropriate payment of fees, and, if
  352  applicable, fingerprints. Additionally, a licensee who fails to
  353  file a renewal application on or before its expiration date must
  354  renew his or her license by paying a late fee of $15. A license
  355  may not be renewed 180 days or more after its expiration date,
  356  and such a license is deemed to be permanently expired. A person
  357  whose license has been permanently expired may reapply for
  358  licensure; however, an application for licensure and fees under
  359  subsection (5) must be submitted, and a background investigation
  360  shall be conducted pursuant to this section. A person who
  361  knowingly files false information under this subsection is
  362  subject to criminal prosecution under s. 837.06.
  363         (b) A license issued to a servicemember, as defined in s.
  364  250.01, is subject to paragraph (a); however, such a license
  365  does not expire while the servicemember is serving on military
  366  orders that have taken him or her over 35 miles from his or her
  367  residence and shall be extended, as provided in this paragraph,
  368  for up to 180 days after his or her return to such residence. If
  369  the license renewal requirements in paragraph (a) are met within
  370  the 180-day extension period, the servicemember may not be
  371  charged any additional costs, such as, but not limited to, late
  372  fees or delinquency fees, above the normal license fees. The
  373  servicemember must present to the Department of Agriculture and
  374  Consumer Services a copy of his or her official military orders
  375  or a written verification from the member’s commanding officer
  376  before the end of the 180-day period in order to qualify for the
  377  extension.
  378         (12)(a) A license issued under this section does not
  379  authorize any person to openly carry a handgun or carry a
  380  concealed weapon or firearm into:
  381         1. Any place of nuisance as defined in s. 823.05;
  382         2. Any police, sheriff, or highway patrol station;
  383         3. Any detention facility, prison, or jail;
  384         4. Any courthouse, except if a licensee approaches security
  385  or management personnel upon arrival at a courthouse and
  386  notifies such security or management personnel of the presence
  387  of the weapon or firearm and follows the security or management
  388  personnel’s direction for removing, securing, and storing such
  389  weapon or firearm, or if the licensee temporarily surrenders
  390  such weapon or firearm to the security or management personnel,
  391  who shall store the weapon or firearm in a locker, safe, or
  392  other secure location and return the weapon or firearm to the
  393  licensee when he or she is exiting the courthouse;
  394         5. Any courtroom, except that nothing in this section would
  395  preclude a judge from carrying a concealed weapon or determining
  396  who will carry a concealed weapon in his or her courtroom;
  397         6. Any polling place;
  398         7. Any meeting of the governing body of a county, public
  399  school district, municipality, or special district;
  400         8. Any meeting of the Legislature or a committee thereof;
  401         7.9. Any school, college, or professional athletic event
  402  not related to firearms;
  403         10. Any elementary or secondary school facility or
  404  administration building;
  405         11. Any career center;
  406         8.12. Any portion of an establishment licensed to dispense
  407  alcoholic beverages for consumption on the premises, which
  408  portion of the establishment is primarily devoted to such
  409  purpose;
  410         13. Any college or university facility unless the licensee
  411  is a registered student, employee, or faculty member of such
  412  college or university and the weapon is a stun gun or nonlethal
  413  electric weapon or device designed solely for defensive purposes
  414  and the weapon does not fire a dart or projectile;
  415         9.14. The inside of the passenger terminal and sterile area
  416  of any airport, provided that no person shall be prohibited from
  417  carrying any legal firearm into the terminal, which firearm is
  418  encased for shipment for purposes of checking such firearm as
  419  baggage to be lawfully transported on any aircraft; or
  420         10.15. Any place where the carrying of firearms is
  421  prohibited by federal law.
  422         (b) A person licensed under this section shall not be
  423  prohibited from carrying or storing a firearm in a vehicle for
  424  lawful purposes.
  425         (c) This section does not modify the terms or conditions of
  426  s. 790.251(7).
  427         (d) Any person who knowingly and willfully violates any
  428  provision of this subsection commits a misdemeanor of the second
  429  degree, punishable as provided in s. 775.082 or s. 775.083.
  430         (13) All moneys collected by the department pursuant to
  431  this section shall be deposited in the Division of Licensing
  432  Trust Fund, and the Legislature shall appropriate from the fund
  433  those amounts deemed necessary to administer the provisions of
  434  this section. All revenues collected, less those costs
  435  determined by the Department of Agriculture and Consumer
  436  Services to be nonrecurring or one-time costs, shall be deferred
  437  over the 7-year licensure period. Notwithstanding the provisions
  438  of s. 493.6117, all moneys collected pursuant to this section
  439  shall not revert to the General Revenue Fund; however, this
  440  shall not abrogate the requirement for payment of the service
  441  charge imposed pursuant to chapter 215.
  442         (14) All funds received by the sheriff pursuant to the
  443  provisions of this section shall be deposited into the general
  444  revenue fund of the county and shall be budgeted to the sheriff.
  445         (15) The Legislature finds as a matter of public policy and
  446  fact that it is necessary to provide statewide uniform standards
  447  for issuing licenses to carry concealed weapons and firearms for
  448  self-defense and finds it necessary to occupy the field of
  449  regulation of the bearing of concealed weapons or firearms for
  450  self-defense to ensure that no honest, law-abiding person who
  451  qualifies under the provisions of this section is subjectively
  452  or arbitrarily denied his or her rights. The Department of
  453  Agriculture and Consumer Services shall implement and administer
  454  the provisions of this section. The Legislature does not
  455  delegate to the Department of Agriculture and Consumer Services
  456  the authority to regulate or restrict the issuing of licenses
  457  provided for in this section, beyond those provisions contained
  458  in this section. Subjective or arbitrary actions or rules which
  459  encumber the issuing process by placing burdens on the applicant
  460  beyond those sworn statements and specified documents detailed
  461  in this section or which create restrictions beyond those
  462  specified in this section are in conflict with the intent of
  463  this section and are prohibited. This section shall be liberally
  464  construed to carry out the constitutional right to bear arms for
  465  self-defense. This section is supplemental and additional to
  466  existing rights to bear arms, and nothing in this section shall
  467  impair or diminish such rights.
  468         (16) The Department of Agriculture and Consumer Services
  469  shall maintain statistical information on the number of licenses
  470  issued, revoked, suspended, and denied.
  471         (17) As amended by chapter 87-24, Laws of Florida, this
  472  section shall be known and may be cited as the “Jack Hagler Self
  473  Defense Act.”
  474         Section 2. For the purpose of incorporating the amendment
  475  made by this act to section 790.06, Florida Statutes, in a
  476  reference thereto, subsection (1) of section 790.053, Florida
  477  Statutes, is reenacted to read:
  478         790.053 Open carrying of weapons.—
  479         (1) Except as otherwise provided by law and in subsection
  480  (2), it is unlawful for any person to openly carry on or about
  481  his or her person any firearm or electric weapon or device. It
  482  is not a violation of this section for a person licensed to
  483  carry a concealed firearm as provided in s. 790.06(1), and who
  484  is lawfully carrying a firearm in a concealed manner, to briefly
  485  and openly display the firearm to the ordinary sight of another
  486  person, unless the firearm is intentionally displayed in an
  487  angry or threatening manner, not in necessary self-defense.
  488         Section 3. This act shall take effect July 1, 2017.

 

 

  • Tyrone L. Greene

    <3 <3 <3 LOVE IT… LOVE IT… LOVE IT….

    • Bullets First

      Up in the north its much easier to conceal year round (I don’t but for those who do) but how can places like Florida NOT allow open carry, especially during the summer? I might swing by Texas and Florida next July and take my rights out for a walk.

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