ALERT ** ROUND 28 ** Restore Rights to Concealed Firearms License Holders

** Concealed Weapons & Firearms License Holders Open-Carry Protection
** Concealed Weapons & Firearms License Holders Guns-In-Vehicles Rights
** Purchase of Long Guns in other states

DATE: April 22, 2011
TO: USF & NRA Members and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President

Members of the Florida Senate need to know you want them pass SB-234 by Sen. Greg Evers to protect your firearms rights from abusive anti-gunners.

SB-234 by Sen. Greg Evers (R) is a bill that makes two (2) much needed changes to the "Right-to-Carry" law -- also known as the Concealed Weapons Licensing law. It also makes changes to the firearms purchase law to conform to federal law.

The bill basically does three (3) following things:

1. Provides that concealed weapons license holders may also carry openly -- to prevent license holders from being charged with the crime of violating the "Open Carry" law because a concealed firearm accidentally or inadvertently became visible.

2. Provides that concealed weapons license holders may store a firearm in private vehicle anywhere the vehicle is lawfully parked except those places that are exempted under s. 790.251(7) -- the parking lot law.

3. Removes the obsolete firearms purchase in contiguous state law previously required by federal law for out of state purchases of long guns and replaces it with language to conform to current federal requirements that allows purchase of long guns in other states.

You must act quickly. URGENT! The FULL SENATE Must Hear From You


In the subject line put:

SUPPORT SB-234 -- RESTORE Rights to Firearms License Holders

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# 1. The open carry provision addresses the problem of accidental or unintentional exposure of a firearm being carried by license holder. As silly as it may sound, if a license holder is carrying a concealed firearm and the wind blows a jacket or shirt open exposing the firearm, the person can be charged with a crime for violating the open carry law.

Anytime a license holder accidentally or unintentionally exposes the firearm whether reaching for something on a top shelf or bending over to pick up something, he/she can be charged with a crime. If a person wants to take a coat or jacket off before getting into a car or get out of a car before putting on a jacket or coat -- and the gun is exposed -- the possibility of being charged with a crime exists. This bill fixes that problem.

The cries of anti-gunners with predictions of horrible thing resulting from "Open Carry" are pure nonsense. Adding the provision of Open Carry for Concealed Weapons License holders will NOT present problems. While some gun haters may not want to remove this needless restriction, there have been no problems in other states.

According to the anti-gun Brady Campaign, -- 46 states allow Open Carry. Of those, 34 states allow open carry without a permit or license while 12 states require a permit to carry openly. (FLORIDA TODAY 1/7/2011, Change would relax handgun law)

What the spokesperson (Brian Malte, State Legislative Director) for the Brady Campaign -- the national gun control/gun ban group -- said is that open carry COULD BE TROUBLESOME. He, said "Open carrying of loaded guns is problematic for public safety and for law enforcement. It is frightening to see people carrying loaded weapons in urban and suburban environments."

What the Brady Campaign fails to report is that Open Carry is not now, nor has it ever been a problem. Only 4 states, including Florida, prohibit Open Carry. It's time to remove that unnecessary government restriction on Second Amendment rights in Florida.

Adding "open carry" for CW License holders to the law to avoid the "open carry" glitch doesn't mean they will carry openly.


#2. The bill simply says that if a person has a carry license, nothing shall prohibit the carry or storage of a firearm in a vehicle -- except the exemptions in the parking lot law.

A case last summer highlighted the need. A cemetery arbitrarily banned guns on cemetery property. A father who has a license to carry had already buried his son in that cemetery. He always carries a gun in his truck and frequently visits his son's grave. The father was presented with 3 choices. (a) Quit carrying a gun in his vehicle; (b) Risk being charged with a felony for trespass with a firearm; or (c) Move his son's body to another cemetery. I submit that those choices are outrageous. This fixes that outrageous denial of Second Amendment rights.


#3. The bill repeals s. 790.28 which is the provision that allows purchase of rifles and shotguns in contiguous states.

In 1979 s. 790.28 was passed to conform to federal law. At the time, Federal law required the contiguous state language to be passed in order for residents to be able to exercise their right to purchase long guns in adjoining states.

Federal law has now changed to allow purchase of long guns in any other state. However, In order for Florida residents to be able to exercise those rights, s. 790.28 must be repealed and new conforming language added to our statutes. This bill does that.