Jonah Patel
Florida Governor Ron DeSantis has expressed support for constitutional carry legislation, which would allow gun owners to carry their firearms without a license or permit. This means that citizens who can legally possess a firearm would be able to carry it openly or in a concealed manner. DeSantis has promised to sign such legislation before his term is over, and it is expected to be introduced in the legislature in April 2023. While gun rights advocates argue that this would restore citizens' rights to bear arms and reduce gun violence, gun-control advocacy groups fear that it would jeopardize public safety and increase gun violence. Florida is currently one of only a few states that ban open carry, even with a permit, and requires a license for concealed carry.
| Characteristics | Values |
|---|---|
| Constitutional carry in Florida | Making open and concealed carry legal |
| Open carry | Carrying a firearm in plain sight |
| Open carry in Florida | Banned |
| Concealed carry | Carrying a firearm hidden from view |
| Concealed carry in Florida | Legal with a state license |
| Permitless carry | Carrying a firearm with or without a permit |
| Permitless carry in Florida | Not legal |
| Constitutional carry bill in Florida | Proposed in 2022 by Rep. Anthony Sabatini |
| Constitutional carry bill in Florida | Stalled in the Criminal Justice & Public Safety Subcommittee in March 2022 |
| Florida Governor Ron DeSantis' stance on constitutional carry | Supportive |
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What You'll Learn
- Florida is one of only five states that do not allow guns to be carried visibly
- Open carry means carrying a firearm in plain sight
- Florida Gov. DeSantis has expressed support for constitutional carry
- A previous bill, HB 103, attempted to make all open and concealed carry legal
- Gun-control advocacy groups are opposed to Constitutional Carry
Florida is one of only five states that do not allow guns to be carried visibly
Florida is one of the few states that do not allow guns to be carried openly, or "open carry". Open carry refers to the practice of visibly carrying a firearm in public places, as opposed to "concealed carry", where firearms are hidden from view. While Florida does not allow open carry, it does permit concealed carry with a state license.
The laws surrounding open carry vary across the United States, with 45 states allowing it to some degree as of 2018. Twenty-five of these states permit open carry without requiring citizens to obtain a permit or license. However, some states, like Florida, have chosen to ban the practice. As of 2022, Florida is one of only five states that do not allow open carry, even for those holding licenses. The other four states are California, Illinois, and New York, with the US Virgin Islands and Washington D.C. also prohibiting open carry.
There have been several attempts to pass legislation in Florida that would allow open carry. In 2021, a bill (HB 103) was proposed to make both open and concealed carry legal without any restrictions. However, this bill did not progress. In 2022, another bill (HB 543) was filed, which would have allowed concealed loaded guns to be carried anywhere without a permit, but it did not change the laws around open carry. Despite these setbacks, there is still momentum building for permit-free gun carry in Florida, with Governor DeSantis expressing his support for "constitutional carry" legislation.
The debate around open carry in Florida and other states is a highly contentious issue. Proponents of open carry argue that the Second Amendment of the US Constitution does not allow for any restrictions on gun rights, and that such restrictions only hinder a citizen's ability to defend themselves. On the other hand, opponents of open carry raise concerns about public safety and the potential for alarm in public spaces. The choice between open carry and concealed carry is a personal one, influenced by individual comfort, understanding of the law, and specific circumstances.
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Open carry means carrying a firearm in plain sight
Florida is one of the few states that currently bans open carry, even with a permit. This means that it is illegal to carry a firearm in plain sight in Florida, regardless of whether the individual has a license or not. However, there are some exceptions to this rule, such as for legal hunters.
There have been several attempts to change Florida's open carry laws. In 2022, Representative Anthony Sabatini introduced a bill (HB-103) that would have allowed both open and concealed carry without a permit. Unfortunately, the bill stalled in the Criminal Justice & Public Safety Subcommittee and did not progress further. Despite this setback, Governor Ron DeSantis has expressed support for permit-less concealed carry and constitutional carry, which includes open carry.
Constitutional carry, also known as permitless carry, allows citizens who legally possess a firearm to carry it both openly and in a concealed manner without a license or permit. Gun rights advocates argue that constitutional carry restores the rights given to citizens by the nation's founding fathers and reduces gun violence by arming more citizens. On the other hand, gun-control advocacy groups oppose constitutional carry, fearing that it would jeopardize public safety and increase gun violence.
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Florida Gov. DeSantis has expressed support for constitutional carry
Florida Governor Ron DeSantis has expressed support for constitutional carry, also known as permitless carry, which would allow gun owners to carry their firearms without a license or permit. DeSantis has said that he will sign constitutional carry legislation before his term is over, and he is confident that the Florida legislature will soon pass such a bill. The governor's support for constitutional carry is in line with his stance on gun rights, with DeSantis previously stating that he will bring "unfettered gun rights" to the state of Florida.
Constitutional carry, derived from the Second Amendment of the US Constitution, allows citizens who legally possess a firearm to carry it both openly and in a concealed manner without the need for a permit or license. Currently, Florida is one of only a few states that ban open carry, even with a permit. However, concealed carry is legal in all 50 states, although some states, including Florida, require special training and a license for this.
Supporters of constitutional carry, such as the National Rifle Association, argue that law-abiding citizens should not have to pay fees and undergo background checks to exercise their right to self-defense. They believe that gun violence would decrease if more citizens were armed. On the other hand, gun-control advocacy groups, like the Brady Campaign to Prevent Gun Violence, strongly oppose constitutional carry, fearing that it would jeopardize public safety and increase gun violence.
In Florida, previous attempts to pass constitutional carry legislation have stalled, including a 2022 bill (HB 103) proposed by Representative Anthony Sabatini. However, with new leaders in the House and Senate, DeSantis believes there is now a path for constitutional carry to become law in the state. The governor has stated that constitutional carry will be a priority for the legislative leadership in the 2023 legislative session, and he expects it to be passed and signed into law during his term.
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A previous bill, HB 103, attempted to make all open and concealed carry legal
Florida is one of only five states that do not allow guns to be carried visibly, even for those holding licenses. State law provides exceptions for legal hunters. Florida also requires special training and a license for concealed carry. However, this may change with the passage of the "'constitutional carry'" legislation.
A previous bill, HB 103, or the "Carrying of Firearms Without Licenses" bill, attempted to make all open and concealed carry legal with no restrictions. Sponsored by Rep. Anthony Sabatini, R-Howey-in-the-Hills, the bill was proposed in the 2022 session. It called for both open and concealed carry without a permit. However, the bill did not progress, possibly due to the involvement of Sabatini, who has criticized DeSantis in the past and whose other bills have stalled.
Supporters of the bill and "constitutional carry" legislation argue that the Second Amendment of the U.S. Constitution does not allow for any restrictions on gun rights, including the right to carry or bear arms. They believe that criminals will not abide by regulations and that such restrictions only hinder a citizen's ability to defend themselves.
On the other hand, opponents of permit-less carry argue that Florida should not allow open carry, even with a permit. They may argue that guns are more likely to be used by law-abiding citizens or that stricter gun control laws are necessary to prevent shootings.
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Gun-control advocacy groups are opposed to Constitutional Carry
Gun-control advocacy groups argue that Constitutional Carry laws, also known as "permitless carry" or "unrestricted carry," pose a significant threat to public safety. They contend that removing the requirement for permits and training increases the risk of firearms ending up in the wrong hands, including those of violent criminals and individuals without adequate safety training. This, they believe, would make it more challenging for law enforcement to protect communities. For instance, the gun-control group Moms Demand Action strongly opposed the Michigan permitless concealed carry bill, with the group's Michigan chapter leader, Emily Durbin, stating:
> "Dismantling our common-sense Concealed Pistol License requirement would let some violent criminals and people with no safety training legally carry hidden, loaded handguns in public throughout Michigan, making it harder for law enforcement to protect our communities."
Gun-control groups also argue that Constitutional Carry laws undermine the ability of law enforcement to effectively monitor and regulate firearm possession. The requirement for permits and licenses provides a mechanism for authorities to keep track of who owns firearms and ensures that individuals meet the necessary criteria to responsibly handle and operate a gun safely. Removing these requirements could make it more difficult for law enforcement to identify and prevent potential threats, especially in a state like Florida, which already has stringent restrictions on open carry.
Additionally, gun-control advocates often highlight the potential impact of Constitutional Carry laws on gun violence and public safety. They argue that easing access to firearms without proper regulations could lead to an increase in gun-related incidents, including accidental shootings, suicides, and mass shootings. They emphasize the importance of comprehensive background checks and safety training requirements as crucial measures to help prevent firearms from falling into the wrong hands and reduce the likelihood of gun-related harm.
While supporters of Constitutional Carry laws argue that the Second Amendment of the U.S. Constitution guarantees the right to keep and bear arms without restrictions, gun-control advocacy groups counter that this right should be balanced with reasonable regulations to ensure public safety. They advocate for measures such as universal background checks, waiting periods, and red flag laws, which they believe can help reduce gun violence while still respecting the rights of law-abiding citizens to own firearms.
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Frequently asked questions
Constitutional Carry, also known as "permitless carry", is the term used to describe the right of citizens to carry a gun without a permit or license. The term is derived from the Second Amendment to the United States Constitution, which outlines a citizen's right to bear arms.
Florida Governor Ron DeSantis has expressed support for Constitutional Carry in the state and has said he will sign it into law before his term is over. The bill is expected to be introduced in the legislature in April 2023.
If Constitutional Carry is passed in Florida, it will allow residents to carry a gun both openly and in a concealed manner without a permit or license. Currently, Florida is one of only five states that do not allow guns to be carried visibly, even with a license.
Gun rights advocates argue that Constitutional Carry restores the rights given to citizens by the nation's founding fathers. They believe that law-abiding citizens should not have to pay fees and taxes for a license to exercise their right to self-defence. They also argue that gun violence would reduce if more citizens were armed. On the other hand, gun-control advocacy groups fear that public safety would be jeopardised if restrictions on carrying guns were lifted. They believe that gun violence would increase with fewer restrictions.
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