FL: SB 290 Re-Introduced to Reform Florida Gun Law During Emergencies

Florida State Senator Bandes aims to restore a portion of second amendment rights in the state.   A quirk in the State law prevents people from taking their firearms with them during emergencies, including mandated emergency evacuations.  Here is the stated purpose of SB 290.From flsenate.gov:

1 A bill to be entitled
2 An act relating to carrying a concealed weapon or a
3 concealed firearm; amending s. 790.01, F.S.; providing
4 an exemption from criminal penalties for carrying a
5 concealed weapon or a concealed firearm when
6 evacuating pursuant to a mandatory evacuation order
7 during a declared state of emergency; providing an
8 effective date.

The bill essentially removes the penalties for carrying a concealed weapon during declared emergencies. It creates "constitutional carry" for the limited time of an emergency. It seemed close to passage last year with major support in the House, appeared to have easy passage in the Senate, and was backed by Governor Scott.  Then the sheriff's association, for what appear to be frivolous reasons, opposed it and it was maneuvered to defeat in the Senate. 

Here is the language in the current SB 290:

29 (a) A person who carries a concealed weapon, or a person
30 who may lawfully possess a firearm and who carries a concealed
31 firearm, on or about his or her person while in the act of
32 evacuating during a mandatory evacuation order issued during a
33 state of emergency declared by the Governor pursuant to chapter
34 252 or declared by a local authority pursuant to chapter 870.
35 (b)(4) It is not a violation of this section for A person
36 who carries to carry for purposes of lawful self-defense, in a
37 concealed manner:
38 1.(a) A self-defense chemical spray.
39 2.(b) A nonlethal stun gun or dart-firing stun gun or other
40 nonlethal electric weapon or device that is designed solely for
41 defensive purposes.


There are more details about "electric weapons", but the purpose of the bill is to allow Florida residents who legally own weapons to carry them with them during emergencies.  Florida does not allow open carry of firearms, except in very limited circumstances.  That law may be unconstitutional.  There is a court case pending.  But right now, if you do not have a permit, and are forced to leave your home in an emergency, you cannot take your firearms with you.
You cannot carry them openly, and if you do not have a concealed carry permit, you cannot carry them concealed.

So you are left with a Hobson's choice.  Leave them for potential looters and or damage; or risk breaking the law.

Senator Brandes version of SB 290 solves that problem in a simple, direct, way.  It reforms the law so that carrying concealed firearms during an emergency is not illegal.  People would still be forbidden from carrying the firearms openly in most circumstances.  It also has the advantage of restoring peoples right to bear arms to defend themselves during emergencies.

The law exposes the fundamental rift between political parties written about by Thomas Jefferson, among others.   Jefferson wrote:

"Men by their constitutions are naturally divided into two parties: 

1. Those who fear and distrust the people, and wish to draw all powers from them into the hands of the higher classes. 

2. Those who identify themselves with the people, have confidence in them, cherish and consider them as the most honest and safe, although not the most wise depositary of the public interests."

 --Thomas Jefferson to Henry Lee, 1824. ME 16:73 

 It is the second group that are working to reform Florida law to bring it into closer conformity with the second amendment, and the first group that oppose such actions.   It was distrust of the people that lead to more and more infringements on the second amendment in the United States.   The iconic political theorist,  Niccolo Machiavelli, noted the problems with politicians disarming people:

When you disarm [the people] you commence to offend them and show that you distrust them either through cowardice or lack of confidence, and both of these opinions generate hatred against you. - Niccoló Machiavelli, The Prince. 1537.

 The crime rate has consistently dropped in Florida since it passed its landmark "shall issue" concealed carry law in 1987.

"Trust the people" is the model the United States was founded on, and what has worked best for Florida.

SB 290 is a step to progress in that direction.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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