Evers’ Open Carry Gun Bill Passes Senate Committee

April 16, 2011

An open carry law opposed by law enforcement and backed heavily by the National Rifle Association passed the Senate Rules Committee Friday on an 8-4 vote, but some committee members said their support may evaporate on the floor.

The measure sponsored by Rep. Greg Evers  allows people with concealed license permits to carry their guns in full view in stores but not at schools and other prohibited areas.

The bill now travels to the floor. The House version was approved by the House Judiciary Committee and awaits action on the floor.

Comments

35 Responses to “Evers’ Open Carry Gun Bill Passes Senate Committee”

  1. Donald Ballard on April 20th, 2011 8:16 am

    I have not seen a list of states that have open carry having great trouble with those doing so. Is there such a list?

  2. Donald Ballard on April 20th, 2011 8:09 am

    I have had a CCW ever since it stared. I carry all the time and like others afraid of accidental exposure. Im too old now to fight someone trying to rob me or my home.

    Only criminals hide their fireams, and would continue if open carry is passed ?????…..Hmmmmm !!!. LEO should worry more about one NOT open carrying.

  3. eab on April 19th, 2011 9:58 pm

    Yes, I’m afraid of having a fire. That’s why I have the fire extinguisher.

    Others are afraid of going about without about without a gun.

  4. PensacolaEd on April 19th, 2011 7:46 am

    eab said, “Why don’t I get a carry permit myself? I certainly could and would qualify.

    I don’t because I’m not afraid to walk around without a gun.”

    EAB, do you have a fire extinguisher in your house? Does that mean that you are afraid of having a fire, or are you just being prepared? I carry for the peace of mind that comes from knowing that IF the need arises, I can defend myself.

  5. molino jim on April 18th, 2011 5:01 pm

    Jimmy– The “dirty harry special” is in ref. to the weapon, not the shooter. You and I do not agree on this subject, so be it. Take care.

  6. eab on April 18th, 2011 4:49 pm

    PensacolaEd said….”Scared Citizen, your name surely fits you. Why are you afraid just to see a gun on someone’s waist? Are you that paranoid that you think everyone carrying a gun is a criminal, and don’t you think a criminal would try to hide his weapon as well?”

    I’m in favor of letting anyone who wants to carry a gun whenever they feel like it as long as they are of age. Why don’t I get a carry permit myself? I certainly could and would qualify.

    I don’t because I’m not afraid to walk around without a gun.

  7. Scared Citizen on April 18th, 2011 3:10 pm

    PensacolaEd, you can try to explain this to me until you are blue in the face. My reaction to anyone standing in line in front of me, or behind me at the checkout counter, or if I see someone walking around in the store, or if I see him/her coming into the store and I SEE A GUN, I’m immediately dropping my purchases, or leaving my buggy and getting the HECK OUT of the store ASAP. Yes, I’m scared! Proud of it! Staying Safe is my priority. Ignorance sometimes really can be bliss. If I don’t see the gun, I’m fine with the person having it. Keep it concealed for all of the scary citizens.

  8. PensacolaEd on April 18th, 2011 2:46 pm

    Scared Citizen, your name surely fits you. Why are you afraid just to see a gun on someone’s waist? Are you that paranoid that you think everyone carrying a gun is a criminal, and don’t you think a criminal would try to hide his weapon as well? People are carrying all around you every day, and not one of them has tried to rob you or anyone else. All this law does is give those who have already been licensed to carry concealed the option of carrying openly, it does not allow a SINGLE additional person to legally carry.

  9. Jimmy Carter on April 18th, 2011 1:12 pm

    Jim,
    In your first post you refer to people as “Dirty Harry Specials”. This is not a sarcastic insinuation of irresponsible and reckless behavior, IE. stupidity? The bill originally provided for carry by CWFL holding, legal adults on college and university campuses. Just because someone is given protections from arrest for an accidental weapon exposure doesn’t mean that everyone will carry in plain view. I know I won’t and a vast majority of CWFL holders will not. Sure, there’s going to be a few idiots, there always is with everything. But to deny the rights of everyone because of a few morons helps no one. Being able to defend yourself in areas where you can not carry is everyones personal task. I would like to carry everywhere but obviously can not. But I can still defend myself without it. That’s my responsibility. This bill is about providing protections to legal law abiding gun owners and CWFL holders and coming in line with the majority of the US one these issues.

  10. Scared Citizen on April 18th, 2011 11:56 am

    It really scares me to think that I could walk in the convenient store, grocery store, the drug store, etc. and see someone with a unconcealed gun. Not knowing the personal-personally, I would walk out scared to death. My first thought would be that they are getting ready to rob the place. It would not matter to me if they were wearing a two piece suit or pants hanging down to the ground. I am not ready for this! I am not ready to see ANYONE other than law enforcement officers carrying guns out in the open!

  11. molino jim on April 18th, 2011 10:27 am

    Jimmy–I do not recall saying any one was stupid. One of the lead stories on NorthEscambia today is about a fellow who “forgot” he had a gun in a pouch when he tried to enter the court house. The bill has been changed a number of times and is a little more palpable. When it started off it was to allow weapons even in the class rooms, that has been dropped, as have a number of other parts. There are so many places that a weapon can not be carried and my question is–what do you do with it when faced with this? It’s like now you can have a weapon in a National Park–but you can not take them into the visitors center or the rest rooms. I feel very strongly that if you feel the need for a weapon don’t show it off. As you said there are a lot of people once they get a ccw permit never set foot on a range again, they should.

  12. jimmy carter on April 18th, 2011 1:20 am

    I don’t know what you’re alluding to Jim. I am just trying to keep the discussion relevant to the article. I have been carrying for over twenty years and have had permits for 4 states in that time, 3 of them open carry. Luckily I have only had to use it for self defense one time. This article is about legislation to help protect the rights of CWFL holders. You’re talking about the mental ability to shoot people and claim not to care about what the law states. Apples and oranges. Why would anyone carry without the intention of using it? I am sure many who get a license never even carry or shoot. If they did I would see a whole lot more people at the local ranges. They just want the security of knowing they can. You still have not given any good reasons against open carry except that you think people are stupid and will cause problems. It’s not a big deal. It’s just falling in line with common legislation across the majority of the US in favor of the 2ND and law abiding gun owners. You don’t want to support that?

  13. molino jim on April 17th, 2011 7:21 pm

    Nice you feel that way—I can not find a reason to carry if you are not ready to use the weapon. A fellow who sells gun at a local dealer always ask the first time buyers one question—are you mentally prepared to shoot some one with the full intent of killing them. His statement, not my statement, is that some think for a little bit and walk out. I guess it’s time to just drop the whole thing and hope for the best.

  14. molino jim on April 17th, 2011 4:55 pm

    That’s nice Sandra—but what about the other armed folks that do not have “your skill level”? i was not directing it to just you, but as a training aid for people not in “in the business “. The second scenario was just to show that the bad guys would then have an extra gun because there is no way they would not disarm the person.Be safe.

  15. Jimmy Carter on April 17th, 2011 4:49 pm

    43 states have some type of open carry provisions per the link I posted. Gun free zones are just that, gun free. It has nothing to do with the open carry bill. Self defense scenarios and training are fine but also have nothing to do with the bill. Every type of instruction I have ever received from 40 years ago at hunter safety training to NRA courses recently all cover the basic laws concerning the carrying of guns, open and concealed, for the state where the training is taking place. It is just part of the training. Almost everything you have alluded to here has no bearing on the actual open carry bill.

  16. Sandra on April 17th, 2011 10:57 am

    Jim, simulating the adrenalin rush one would encounter when having to pull one’s weapon has been a part of my training for years now. As to a gun being stuck to my ribs..thats a no brainer. Always comply with his/her wishes while at the same time re-evaluating the situation. Any distraction for them is a positive for me. My draw time V/S target hit ratio is very high.

  17. molino jim on April 17th, 2011 10:33 am

    Hi sandra. My part in any training is the use of the weapon and hitting the target in the kill zone. I do not go into the legal end due to all of the “legal scholars” that are running around, as on here. Hope you and all the others will try something the next time you are at your range (I’m hoping you do go to the range). Put your weapon down and run for about 150 yards and run back –pick up your weapon and fire at a target. A lot of people have a lot of stress when it comes down to shooting some one. This little exercise should give you the same breath and heart beat. My point is if you miss the bad guy who does the round hit? Carter–I come up with 40 states and 37 have “shall issue laws” Ref. “gun free zones”–what do you do with your weapon when faced with this, or worse you walk into an armed robbery and before you can draw the bad guys partner puts a gun in your ribs. I know as on TV and in the movies you would do a spin kick and disarm the bad guy and shot both. It’s a shame we can not share opinions with out it becoming a personal attack.

  18. Sandra on April 16th, 2011 9:07 pm

    molino jim. A red circle with a slash across the pistol is not a legal sign to deter concealed weapons carriers as outlined in the Florida statutes. A sign delineating a “gun free zone” must be spelled out in plain english and be of a certain letter size. I too do not believe for a moment that you are a firearms instructor but if so, I feel sorry for the people that pay you for your advice and expertise.

  19. Jimmy Carter on April 16th, 2011 8:03 pm

    Molino jim,

    The 94% is from the fact that 43 other states have open carry provisions currently in place, many of them for decades. Approx. 94% of the US population resides in these states. http://opencarry.org/opencarry.html

  20. molino jim on April 16th, 2011 7:34 pm

    Buddy–It can be read both ways. Thanks for your make on it. I still feel the bill is going to cause problems.

  21. Buddy on April 16th, 2011 7:26 pm

    molino jim, Ron Burke was quoting Jon H. Guttmacher Esq,not stating that he(Burke) had tried cases. Read Burkes comment carefully and you will see that he plainly stated that he was quoting Guttmacher.

  22. tallyho on April 16th, 2011 7:15 pm

    Patirot, why is the part about being fined for are arrested because the CCW shows is the one of the main reasons for passing the bill?

  23. molino jim on April 16th, 2011 5:37 pm

    R. Burke: may I ask how you “handle” these cases? I failed to find you listed as a member of the Fl./Ala./Ga. Bar?

  24. molino jim on April 16th, 2011 4:45 pm

    ref. jimmy carter. sorry to up set you by the size type, some times the keyboard can get stuck. also sorry to tell you that i have been certified since 1973. i guess the decals on door ways of bank and so (circle with a gun crossed over ) are just for decoration. ref. officer shooting someone who turns toward them with a gun—ccw permit or not you can end up just as dead. I am well aware that officers do make mistakes some times, but most times is it worth the time and trouble to have the case make its way through the court system. Last but not least—where did the 94% number of population living in states that allow open carry come from?

  25. Ron Burke on April 16th, 2011 3:17 pm

    I believe the law, if passed, would prevent an arrest by police that aren’t familiar with the finer points of concealed carry laws

    Let me quote from the book, Florida Firearms Law,Use & Ownership, Sixth Edition by Jon H Guttmacher,Esq. The book is used by every Florida appellate court including the Florida Supreme court as well as over eighty Florida law enforcement agencies as the definitive law book concerning firearms laws federal as well as the state of Florida.

    Page 72
    Dealing with Police Officers

    Now, just because this is legal,(firearm within reach under towel in car), don’t think you can’t get arrested. The problem is that many police officers have not been trained very well in this area (concealed carry with permit), and have their own idea what the law is. I personally handle at least half a dozen cases a year where the police arrest someone for something that is totally legal. Unfortunately, they just don’t know the law. More unfortunately,some innocent slob got arrested for being legal. That’s life in the big city. It happens (80)

    (80) Miami v Swift,481 So.2d 26 (Fla 3DCA 1985), affirmed a jury award of $50,000 for the false arrest of a person with a gun in the console of his car.
    ……….
    So open carry would eliminate any possible false arrest for inadvertent exposure of a concealed weapon. Sounds good to me.

  26. Jimmy Carter on April 16th, 2011 2:34 pm

    Molino Jim

    Please stop yelling at us, we can see normal text. I do not believe for a second that you are a firearms instructor. How accurate you shoot has no bearing on how you carry. Many policemen can not hit a target either. No one is being forced to carry openly. Your police scenario would be the same if someone was carrying concealed and pulled their weapon to defend themselves or their family. You’re really not making much sense. 94% of the US population lives in open carry states. Where are the huge problems with it? The media would be all over it if it was an issue.

  27. CCW on April 16th, 2011 1:02 pm

    Patriot,
    If someone sees your concealed weapon and alerts LEO, you can be charged with a misdemeanor even if you have a CCW. The penalty for that is up to $1,000 fine and/or one year jail.

  28. Jim on April 16th, 2011 12:01 pm

    Texas and New Mexico both have open carry laws without problems.

    People that have concealed carry permits have caused almost no problems and you would have to have a concealed carry permit to carry openly.

    Could we have anyone here pretending to be or have something that they do not? Noooooooooo……

    Greg Evers is the kind of common sence we have been lacking.

  29. CCW on April 16th, 2011 11:07 am

    Molino Jim,
    As a “Firearms instructor” you should probably know that with a CCW you CAN carry in banks and hospitals.
    The purpose of this bill is for accidental exposure of concealed weapons by license holders. I hope this bill does pass!

  30. Patriot on April 16th, 2011 10:24 am

    Tallyho, There is no “fine” for someone seeing part of your weapon.

  31. molino jim on April 16th, 2011 10:14 am

    REF. JOHN SMITH: I’M WITH YOU 100 %. I ALSO HAVE A CCW AND WHEN I CARRY NO ONE KNOWS IT. AS A FIRE ARMS INSTRUCTOR I’VE SEEN THE “DIRTY HARRY SPECIALS” SHOW UP AT THE RANGE AND THE SHOOTERS EVEN WITH CCW”S THROW ROUNDS ALL OVER THE TARGET AND OFF TARGET. I HAVE TRIED TO CONTACT EVERS SEVERAL TIMES AND GET A RUN AROUND BY HIS STAFF PEOPLE. I KNOW THAT THE PEOPLE WHO ARE FOR OPEN CARRY CAN NOT SEE THE PROBLEMS THIS CAN CAUSE FOR THE INNOCENCE BY STANDERS. EVENS BILL HAS THE CCW PERMIT BEING ON THE BELT SO LAW ENFORCEMENT CAN SEE IT—WHAT HAPPENS WHEN AN OFFICER TELLS THE PERSON WHO THEY SEE HOLDING SOME ONE AT GUN POINT TO DROP THE WEAPON AND THEY TURN TOWARD THE OFFICER—THEY’LL BE SHOT. THE MIND SET THAT A GUN IS NEEDED TO BE CARRIED “OPEN” IS GOING TO CAUSE PROBLEMS. ADD TO THIS THE MANY PLACES YOU CAN NOT CARRY A WEAPON—WHAT DO YOU DO WITH IT (BARS/BANKS/HOSPITAL/SCHOOLS). SORRY IF WE DISAGREE ABOUT THE NEED FOR OPEN CARRY—EVEN WITH A CCW SOME PEOPLE ARE NOT ABLE TO SHOOT SOME ONE IF THEY HAVE TO.

  32. bobthegunslinger on April 16th, 2011 9:24 am

    i also have my ccw and for the most part will conceal,but i may on ocassion chose to open carry!this is about accidental and our right`s to do so!so i strongly disagree with anyone that doesn`t want the bill to become law!if those senators chose to not support this bill,they will quickly find the people will chose not to support them or re-elect them!write your senators and let them know we want this bill signed into law!thank you!

  33. tallyho on April 16th, 2011 9:12 am

    I have a CWP and the reason i want to see the bill passed is to stop me from getting a fine because you see part of my weapon.

  34. Rod Pumas on April 16th, 2011 7:29 am

    I also have my CWP and carry daily. Open carry would eliminate “the element of surprise” which may come in handy some day. We law abiding citizens need every advantage we can get over some of the scum out there that would do us harm. Even if this bill becomes law, I too, will continue to carry concealed.

  35. John Smith on April 16th, 2011 3:08 am

    As a C.C.W. holder for many years here in Florida i Strongly Disagree with the open carry bill…Our local residents are NOT ready!!!