Monday, January 3, 2011

Capital Ideas: Openly carrying handguns seems certain to be legal here soon


By Paul Flemming • news-press.com Capital Bureau • January 3, 2011  
Robert Bork was in the process of having his name turned into a verb while his Supreme Court nomination went down in flames during that week in 1987.

The Florida Legislature was in the midst of a protracted special session to deal with the doomed services tax. On Oct. 1, the state's then-new conceal-carry law went into effect after it was passed earlier in the year. It was a major victory for the always-formidable gun lobby.

To get it done, however, the Legislature swept all existing gun laws out of the statute books, taking away from counties and cities the ability to have their own gun ordinances.

By erasing all those previous statutes, Attorney General Bob Butterworth and a state attorney in Miami by the name of Janet Reno figured an unintended consequence resulted. Floridians could openly carry handguns. Since 1893, Florida had prohibited that.

The consequence may be a matter of legal opinion, but the fact that it was unintended is beyond doubt. Rep. Ron Johnson, a Panama City Democrat who sponsored the conceal-carry legislation, said so.

"It's insane to consider that you'd want to reinstate this ability to carry guns on the streets," said state Sen. Jack Gordon, a Miami Beach Democrat.

Florida was, at the time, struggling to counteract tourist-scaring national media coverage of crime in the state, earning a Gunshine State tag in TV shorthand. In the week after the effective date of the conceal-carry law and the supposed end of prohibitions against open-carry, a number of activists walked around with holstered pistols. Lawmakers felt the need to act quickly, and did so. Gov. Bob Martinez signed the open-carry prohibition as soon as he got it.

Now, 23 years later, the National Rifle Association wants to undo it. And why not, with the stated support of incoming Gov. Rick Scott and huge GOP majorities in both the House and Senate? Florida is one of seven states with a full ban on open-carry. There are slim exceptions - gun owners can carry holstered weapons on their own land or while traveling to and from fishing and hunting.

State Sen. Greg Evers, a Republican from Baker, has introduced a bill to allow Florida handgun owners to carry their guns openly. The proposal also changes existing law to allow licensed owners to carry concealed guns on college campuses and at private schools.

Evers holds the seat last occupied by Sen. Durell Peaden. Back when Evers was in the House, he and Peaden were the pair that were the NRA's biggest supporters. They were sponsors of legislation that repealed the need to retreat - the Castle Doctrine law - allowed guns at work, created hunter-voter, and protected the conceal-carry fee trust fund. Marion Hammer is the one-time president of the National Rifle Association and the head of Unified Sportsmen of Florida. It was she who got conceal-carry passed in 1987. Hammer remains the most-feared and effective lobbying force in Tallahassee. Evers got Unified Sportsmen of Florida's endorsement of his Senate run back in January.

"He's worked hard carrying legislation for us and getting it passed," Hammer said at the time of the decisive Evers endorsement. Now in the Senate, Evers continues his hard work.

OpenCarry.org is a national advocacy group. Its members in Florida have an online petition - "it is an old right, not a new threat" - with 2,227 signatories. They hold regular meetups to openly carry guns. The next one is Saturday in seven cities around the state, including events in Fort Myers at the Centennial Park fishing pier. Online instructions include directions on getting a free fishing license and bringing along rods and reels to meet the exceptions allowing open-carry while on the way to angling.
Evers' bill is coming and its passage is all but assured. It's right out there in the open, and you know it's loaded

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