Eleanor Finch
Florida is currently considering a bill that would allow people to carry concealed loaded guns without permits. The bill, known as constitutional carry or permitless carry, has been introduced in the state's legislature and is backed by Governor Ron DeSantis and other Republican leaders. The bill would remove the requirement for a state license or permit to carry a concealed firearm, although it would not change the current laws around open carry or who is eligible to obtain a firearm. While supporters argue that it strengthens the right to self-defence, opponents, including gun control advocacy groups, argue that it would jeopardise public safety. The bill has not yet passed, but it is expected to be voted on soon.
| Characteristics | Values |
|---|---|
| Bill Number | HB 543 |
| Bill Name | Constitutional Carry Bill |
| Bill Sponsor | Rep. Chuck Brannan (R-Lake City) |
| Bill Co-sponsor | State Sen. Jay Collins (R-Tampa) |
| Bill Supporters | Gov. Ron DeSantis, Senate President Kathleen Passidomo, House Speaker Paul Renner, Florida Sheriffs Association, National Rifle Association |
| Bill Opponents | Democrats, National gun control activists, Gun control activists, Group Everytown for Gun Safety |
| Bill Status | Passed by House Judiciary Committee |
| Bill Next Steps | Go to the House floor for debate |
| Bill Aims | Remove the need for a license to carry a concealed firearm |
| Bill Unchanged | Criteria to obtain a license, Open display of sidearms or long guns, Concealed weapons at schools and athletic events |
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What You'll Learn
Florida Constitutional Carry Bill
Florida's Constitutional Carry Bill, also known as House Bill 543, is a proposed legislation that seeks to eliminate the requirement for a permit, license, or safety training to carry a concealed firearm in the state. The bill, introduced in 2023, aims to make Florida the 26th state to allow "constitutional carry," where law-abiding adults over the age of 21 can carry a handgun without obtaining a government permit.
Under the current laws in Florida, residents who wish to carry a concealed weapon must obtain a permit and undergo firearms training. The proposed Constitutional Carry Bill would lift this requirement, allowing individuals to carry concealed firearms without a state license or permit. However, it is important to note that the bill does not change the eligibility criteria for obtaining a carry permit and does not affect previously issued permits. Additionally, concealed weapons will still be prohibited in certain locations, such as schools and athletic events.
Supporters of the bill, including Florida House Speaker Paul Renner, argue that it strengthens the right to self-defense and removes unnecessary government red tape. They believe that law-abiding citizens should not have to go through a lengthy and costly process to exercise their constitutional right to bear arms. Gov. Ron DeSantis, who has expressed his commitment to the legislation, has also received praise from the National Rifle Association (NRA) for his leadership in removing concealed carry permitting restrictions.
On the other hand, opponents of the bill, including gun control activists and Democrats in the state, have raised concerns about public safety. They argue that "untrained carry" does not make communities safer and could potentially lead to an increase in gun violence. Some have even compared the bill to a "step back in time" to the days of the wild west, where anyone could carry a gun without proper training or restrictions. Additionally, studies have shown that states with weaker gun permit laws have experienced higher handgun homicide rates and increased police shootings.
As of February 2023, the House Judiciary Committee has voted 17-6 to advance the Constitutional Carry Bill, and it will now be debated on the House floor. While the bill has faced opposition, it is unclear whether it will pass and become law in Florida.
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The Second Amendment
In the 21st century, the Second Amendment has seen renewed interest from academics and the judiciary. Landmark decisions by the Supreme Court in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010) affirmed an individual's right to own a gun for self-defence and applied this right to state and local governments, respectively. The more recent case of NYSRPA v. Bruen (2022) further solidified the right to carry firearms in public and established a test for laws seeking to limit Second Amendment rights, requiring them to be based on the history and tradition of gun rights.
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Gun control activism
Gun control activists in Florida have focused on several key areas of advocacy. One of the primary demands has been to increase the age limit for gun purchases. Groups such as Moms Demand Action for Gun Sense in America have pressured businesses to raise the age limit for gun sales to 21. As a result, several major retailers, including LL Bean, have committed to this change. Activists have also targeted the National Rifle Association (NRA), urging companies like Apple, Google, and Amazon to remove NRATV, the NRA's in-house channel, from their streaming platforms. Additionally, they have pushed for legislation that would restrict access to firearms, such as requiring background checks for all firearm sales and transfers and banning the sale or possession of "assault weapons."
In response to the activism and public pressure, Florida lawmakers have introduced and considered various gun-related bills. Some of these bills aim to strengthen gun control measures, such as House Bill 15, which seeks to prohibit gun owners from storing handguns in their cars unless they are properly secured, and Senate Bill 814, which proposes to ban the sale or possession of "assault weapons." On the other hand, some bills seek to loosen gun restrictions, such as the "constitutional carry" bill (House Bill 543), which would eliminate the need for a permit or safety training to carry a concealed firearm in Florida. This bill has faced opposition from gun control activists and groups like Everytown for Gun Safety, who have raised concerns about the potential impact on public safety.
The gun control debate in Florida remains ongoing, with activists and lawmakers continuing to advocate for their respective positions. While there have been some successes for gun control activists, such as increased age limits by some retailers and the introduction of gun control bills, the "constitutional carry" bill also highlights the continued pushback and resistance to stricter gun control measures in the state.
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Gun rights advocacy
In 2023, Florida's GOP-controlled Legislature passed a law allowing residents to carry concealed weapons without a permit, known as "constitutional carry" or "permitless carry". This was a significant victory for gun rights advocates, as it removed the requirement for training and background checks to carry concealed guns in public. However, many gun rights advocates felt that the state needed to go further and pass an "open carry" provision as well.
Governor Ron DeSantis has expressed support for allowing the open carrying of firearms and has signed the constitutional carry bill into law. He believes that the Legislature should "reevaluate" gun safety laws and that law-abiding citizens have a right to carry guns and protect themselves. However, he has not actively pushed for the open carry bill, and it is opposed by the Florida Sheriff's Association. The newly elected Senate President, Ben Albritton, has also stated his opposition to the open carry bill, siding with the Florida Sheriff's Association.
Gun rights groups, such as the Gun Owners of America (GOA) and Gun Owners Foundation, have taken legal action to challenge Florida's ban on open carry. They argue that the ban violates the Second and Fourteenth Amendments to the U.S. Constitution, which protect the right to bear arms and due process, respectively. These groups believe that constitutional carry restores the rights given to citizens by the nation's founding fathers and that law-abiding citizens should not have to pay fees and taxes for a license to exercise their right to self-defense.
On the other hand, gun-control advocacy groups, such as the Brady Campaign to Prevent Gun Violence, strongly oppose constitutional carry. They argue that public safety would be jeopardized and that gun violence would increase if there were fewer restrictions on carrying guns. The debate over gun rights and public safety continues to be a highly contested issue in Florida and across the United States.
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Public safety
The passing of the Constitutional Carry bill in Florida has sparked a heated debate over public safety. The bill, also known as House Bill 543, removes the requirement for a permit or license to carry a concealed firearm in the state. This means that anyone not prohibited by law from possessing a firearm can own, possess, and use firearms and ammunition for lawful purposes.
Proponents of the bill, including Governor Ron DeSantis and the National Rifle Association (NRA), argue that it is a matter of freedom and self-protection. They believe that law-abiding citizens should have the right to carry a firearm for self-defense without government interference. DeSantis referred to the bill as a "universal right" that applies to all, regardless of background. The NRA also praised the legislation, stating that it would add Florida to the list of states that recognize the "fundamental right" of citizens to carry firearms for self-defense.
On the other hand, opponents of the bill, including gun control advocacy groups and Democrats, raise serious concerns about public safety. They argue that easing gun restrictions will lead to increased violence and make it easier for dangerous individuals to carry guns in public spaces. Groups like the Brady Campaign to Prevent Gun Violence and Giffords, a gun safety organization, fear that removing permit requirements will jeopardize public safety by allowing untrained and unchecked individuals to carry firearms. They highlight the rise in handgun homicide rates and police shootings in states with weakened gun permit laws.
The bill has also faced criticism from organizations like Moms Demand Action, who call it a "very dangerous law." They emphasize the impact of gun violence on children and families, as guns are the leading cause of death for children in America. Additionally, opponents argue that permitless carry could lead to more guns in public spaces, escalating minor conflicts into deadly encounters.
While the Constitutional Carry bill has been passed in Florida, the debate surrounding it remains unresolved. Proponents continue to defend it as a safeguard for law-abiding citizens, while opponents maintain their stance on the potential risks to public safety and the need for stricter gun control measures.
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Frequently asked questions
The House Judiciary Committee voted 17-6 to advance House Bill 543, the constitutional carry bill. It will now go to the House floor for debate.
The bill proposes to make Florida the 26th state to allow people to carry concealed loaded guns without a permit, eliminating the need for a license or safety training.
The bill was introduced by Florida Representative Anthony Sabatini as HB-103 in the 2022 legislative session.
Florida does not require a permit or license to purchase a firearm for residents at least 21 years of age with a clean background check. A person must have a concealed weapon permit to carry a gun.
Supporters of the bill, including the National Rifle Association, argue that it restores the rights given to citizens by the nation's founding fathers and that law-abiding citizens should not have to pay fees and taxes for a license to exercise their right to self-defense.
