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January 28th, 2016 by Mike Vasilinda

 

Legislation that would allow the open carry of holstered hand guns in Florida cleared it’s last House Committee today in the state Capitol and is ready for a vote by the full House. As Mike Vasilinda tells us, open carry is creating dissension between different law enforcement groups.

Joel Smith was pulled over in Citrus County in January 2013.

“Your tag is Expired” the officer told him.

When he reached into the car, the officer saw Smith was carrying a gun.

“Put your hands right there or I’ll shoot you in the  **** back.”

Smith was arrested and charged with openly carrying a weapon, even though he had a concealed weapons permit. Lawmakers changed the law to say that a brief exposure was okay, but open carry advocates told a House Committee that concealed carry permit holders are still being harassed by police. Sponsor Matt Gaetz (R-Niceville) agreed to amend his legisation.

“This allows for the open carry of hand guns only” Gaetz told the Committee.

The debate pitted Police Chiefs, who support open carry

“This was put before our full board of directors” said Amy Mercer, the associations executive Director.

Against the Sheriffs Assn. who do not. Pinellas Sheriff Bob Galtieri spoke for the Association.

“the holster requirement does not require a security or retention holster” he explained as one of the reason for not supporting the legislation. That prompted rep. Matt Hudson to ask “How can one group of law enforcement officers say it will be a great crime prevention tool,, and one group of law enforcement officers say absolutely not?”

he didn’t get an answer.

Attempts to weaken the legislation but still keep people like Joel Smith from being arrested failed.

Open Carry was overwhelmingly approved with most Democrats voting no. Rep. Jared Moskowitz says open carry should only be open to American citizens.

“the San Bernardino shooter, both of them, could have applied for a concealed weapons permit and could have openly carried” said Moskowitz.

Under the legislation police who stop someone and violated their second amendment rights over open carry could face fines of up to five thousand dollars.

Open Carry’s next stop is the full House, where passage is expected. But the Florida Senate may be a roadblock.

The problem for police is that the word :”briefly” when it comes to the inadvertent showing of a concealed weapon is not defined in the law, which leaves officers to decide what’s brief and what isn’t.

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