Florida Sheriffs Fight Back Against Open Carry
BY Herschel Smith8 years, 9 months ago
Hoping to override legislation that would relax existing state law by allowing concealed-weapons permit holders to visibly carry their weapons in public, the Florida Sheriffs Association announced its own measure Wednesday.
The proposal would protect concealed-carry permit holders from arrest if they accidentally display a firearm in public.
Pinellas County Sheriff Bob Gualtieri — the FSA’s legislative chairman — says the measure clarifies Florida laws and diminishes the call to legalize open carry.
“The way we crafted this proposal is airtight and provides a fix,” Gualtieri said. “It states that no law-abiding, concealed-carry holder will ever face any sanctions for inadvertently exposing their gun.”
Gualtieri said the proposal is presented as an alternative to open-carry legislation bills and would help solve the “gotcha law” problem if someone’s gun was accidentally visible.
The proposal would require a person to intentionally and deliberately — “in a clear and obvious manner,” Gualtieri said — violate concealed-carry laws before they can be arrested.
The proposal also enforces a requirement that lets people explain circumstances surrounding their guns being accidentally exposed. If for some reason a concealed-carry holder is arrested, and it’s later proved their gun was exposed accidentally, the proposal calls for immediate expunction of the incident from their record.
“We don’t think it’s necessary to go from where we are today to full open carry,” Gualtieri said.
“The purpose of this is to solidly protect concealed-carry holders — I fully support everyone’s right to (lawfully) concealed carry. … We’re offering a solution so that people with concealed-carry permits aren’t going to get in trouble for something they shouldn’t get in trouble for.”
First, law enforcement has absolutely no business advocating one law or criticizing another. It isn’t any of their business, any more than it’s the business of, say, the local utility to weigh in on whether something like open carry should be legal.
Second, accidental exposure of a weapon isn’t the only problem associated with open carry. In a hot state like Florida, there are other reasons for open carry, like sweating your weapon when you are carrying IWB, rubbing your flesh raw when walking with IWB carry, etc.
Third, as we’ve discussed many times before, as a [sometimes] open carrier who lives in a traditional open carry state, the problems law enforcement allege to exist with open carry simply do not obtain. They’re misleading you. It isn’t the big deal they say it is, and blood doesn’t run in the streets.
Fourth (and this is perhaps the saddest thing we learn from the report), accidental exposure of a weapon is indeed an issue, and the Florida Sheriff’s association knows it to be so. That’s the only reason they have proposed this as substitute legislation. They want to placate weapons carriers, and they know that wasting court time for a shirt lifting in the wind is silly. Thus, they’ve been down this road before. They know all about arresting people for silly accidents that have no affect on anyone.
And they waited this long to do anything about it, and only proposed this law in an attempt to deflate open carry rights. How disgraceful. How absolutely contemptible.
On January 22, 2016 at 7:39 am, Danny Ray said:
This was covered by the state of Florida in 2011, the state Senate changed the law then, to forgive accidental exposure.
http://www.freerepublic.com/focus/news/2760517/posts
On January 22, 2016 at 9:04 am, Damocles said:
This Bob Gualtieri? http://thegunwriter.blogs.heraldtribune.com/19914/pinellas-county-sheriff-bob-gualtieri-threatens-to-shoot-concealed-carriers/
On January 24, 2016 at 7:32 pm, Ned Weatherby said:
Wow. excellent link, Damocles. The guy appears to be a real piece of work…
On January 24, 2016 at 7:43 pm, Damocles said:
Glad to share and help spread the word.
On January 22, 2016 at 9:12 am, Haywood Jablome said:
Any LE officer (especially those in leadership positions) that, in any way, want to restrict the ability of people to carry a weapon (concealed or otherwise) should turn in their badge. Go work for the DNA or Mom’s Against Common sense (or whatever they are,called). You have no business being in a position of authority.
On January 22, 2016 at 11:40 am, Fred said:
Why does the FSA have a Legislative Chairman? I thought the sheriff was sworn to the US Constitution and accountable to the voters to uphold it. What does legislation have to with their job other than a bunch rules that they are bound to ignore if outside the confines of their oath?
On January 22, 2016 at 1:07 pm, Archer said:
First, law enforcement has absolutely no business advocating one law or
criticizing another. It isn’t any of their business, any more than it’s
the business of, say, the local utility to weigh in on whether
something like open carry should be legal.
^^This.^^
In a broader sense, I have the same problem with public sector unions engaging in “political speech”, up to and including endorsing one candidate over another.
The unions’ job is to bargain collectively, to get the best contract (wages, benefits, holidays, working conditions, etc.), on behalf of and for their members. Being public sector, collective bargaining is inherently political in and of itself (the contract is paid from the public coffers), so officially endorsing a candidate or ballot measure comes a little too close (to me) to playing both sides – political “insider trading”, if you will.