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FL Concealed and Open Carry Reform - Senate Bill 234 Filed Today

Discussion in 'Activism' started by StogieC, Dec 10, 2010.

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  1. StogieC

    StogieC Member

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    URGENT! Concealed and Open Carry Reform - Senate Bill 234 Filed Today

    • Licensed Open Carry
    • Department of Agriculture may take Fingerprints for CWFL Application
    • Licensed College Campus Carry
    • Vehicle Carry and Storage Legal for Licensees
    • Firearms (handguns & long guns) Purchase Legal in All States

    Please call your State Senator and ask them to co-sponsor SB-234!
     
  2. Packman

    Packman Member

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    Sounds cool, but can you provide a citation? Everything I'm finding regarding Florida Senate Bill 234 is related to an excise tax on short sales. I can't see any mention of firearms or concealed weapons related to that document.
     
  3. calvin13

    calvin13 Member

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  4. StogieC

    StogieC Member

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  5. RevolvingGarbage

    RevolvingGarbage Member

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    Whats the "Vehicle carry and storage legal for licensees." thing about?

    You can already do both with a CWFL, and indeed transport a loaded handgun without one.
     
  6. StogieC

    StogieC Member

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    Actually, the current "guns in parking lots" law only applies to CWFL licensees who are employees at their own place of work.

    The new language will allow you to have your gun in your car in any parking lot.
     
  7. RevolvingGarbage

    RevolvingGarbage Member

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    That's not true at all, anyone over 18 years of age who isn't restricted from owning a firearm may have a loaded pistol in their car "securely incased" for defense (in a glovebox, a bag, or box of some sort, locked or unlocked), no matter where you are. The newer law passed a couple of years ago basically told employers they weren't allowed to prevent employees from doing so, or punish them for it.

    If this new law is going to make it so ONLY CWFL holders can have a gun in their gloveboxes, then I would say that's a major step backwards.

    What exactly is this bill really going to do? I cant find a detailed description anywhere.
     
  8. StogieC

    StogieC Member

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  9. RevolvingGarbage

    RevolvingGarbage Member

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    That link is about the law passed a few years ago, which is the one I talked about in my last post. If you mean this new bill is going to improve upon that, please explain why and how, that's what I want to know.
     
  10. StogieC

    StogieC Member

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    The bill passed in 2008 only applies to licensees who store a firearm in their car at work. The new bill will allow licensees to store a firearm in your car anywhere you can park it.

    The "securely encased" provision that lets you have a firearm in your glove box does not protect you from a private property owner who would ban you from parking in their lot because you have a gun in the car. The new bill expands the protections of the 2008 law.
     
    Last edited: Dec 28, 2010
  11. RevolvingGarbage

    RevolvingGarbage Member

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    How does the current law not protect you from that? Your saying if you park in the Ikea parking lot they can search your car and if they find a firearm you can be charged with some kind of crime?
     
  12. oneounceload

    oneounceload member

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    A non CCW person can so that anyway - I don't see any advantage - your car is covered under the Castle Doctrine legislation previously passed
     
  13. StogieC

    StogieC Member

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    There is currently nothing to stop anyone from asking if you have a gun in your car and trespassing you from their property unless you are an employee.

    The Amendment that Mrs. Hammer was referring to is now part of SB-234.
     
  14. StogieC

    StogieC Member

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    Actually, that is a common misconception that the courts have repeatedly rejected. That's also the reason for this provision of the bill.

    The link below has the FSU Law Review on the issue and all relevant links and citations.
    http://www.law.fsu.edu/journals/lawreview/downloads/364/beville.pdf
     
  15. oneounceload

    oneounceload member

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    That article is about guns at work.............

    I can have a gun in my car without a CCW, so...........??????? I don't get the point?
     
  16. StogieC

    StogieC Member

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    Perhaps I am not explaining the issue and the proposed law well enough.
    Just because it is legal for you to have in your car doesn't give you the right to park on private property with it in your car over the objections of the property owner.

    Just because you can have a gun in your car doesn't protect you from a private property owner baring you from parking your car on their property because you have a gun in the car.

    Castle doctrine has absolutely nothing to do with where you are allowed to park your car or what can be in your car when you are on someone else's property.

    One of the provisions of SB-234 fixes that to prohibit business owners, or anyone else, from preventing customers from parking in their lot because you have, or they suspect that you have, a gun in the car.

    The Florida Chamber of Commerce is fighting this again just like they did in 2008 when you got to start parking at work without fear of loosing your job because of the pistol in your glove box.
     
  17. StogieC

    StogieC Member

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    Yes, you can have a securely encased gun in your car without a license. That will not change.
    That doesn't mean you can park on someone else's property with that gun in your car should the property owner object to it being there. You are incorrect about "no matter where you are". A private property owner can ban you from parking in their lot if they know or suspect that you have a gun in your car.

    That law applied only to employees with a CWFL. Not to unlicensed persons or customers & guests. The court was very clear on that in 2008 when the FL Chamber of Commerce sued to try to stop the new law.

    That is not what this bill does at all!!! Read the bill! :eek:

    Same link as in one of my earlier posts: http://flsenate.gov/Session/index.c...illInfo&BillNum=0234&Chamber=Senate&Year=2011
    Has the full text of the bill.
     
  18. Ed N.

    Ed N. Member

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    > Just because it is legal for you to have in your car doesn't give you the right
    > to park on private property with it in your car over the objections of
    > the property owner.


    Since the private property owner has no right or means to search my car, I can't see that it really matters. I have done nothing illegal in having a gun in my car regardless of what rule the property owner may have. Only if he somehow becomes aware of it (and I certainly won't tell him), orders me to leave the property, and I refuse, will I then be guilty of armed trespass.

    The property owner could post a rule prohibiting me from wearing boxer shorts, but it won't mean much unless I feel like dropping my pants.

    We already have enough damn laws without adding meaningless ones.
     
    Last edited: Jan 2, 2011
  19. harmon rabb

    harmon rabb Member

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    Well, good luck with this bill going anywhere after the Arizona debacle.
     
  20. Big Mike

    Big Mike Member

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    StogieC, do we know if there is there a companion bill in the House? I didn't see one...
     
  21. StogieC

    StogieC Member

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    Rep Dorworth will be filing the House bill. It should be published very soon.
     
  22. StogieC

    StogieC Member

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  23. Black Toe Knives

    Black Toe Knives Member

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    Debacle?
     
  24. harmon rabb

    harmon rabb Member

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    Tragedy. Better?
     
  25. pikid89

    pikid89 Member

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    as a Student at UF i sure hope this goes through
     
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