It’s safe to say firearms are part of Northwest Florida culture, for hunting and/or self protection. Whether the story involved a clay pigeon training device, an enhanced concealed carry class, 4-H students learning to shoot rifles, or a shooting fundraiser for veterans organizations, the Press Gazette has covered various facets of firearms interest in Santa RosaCounty. This time, the story looks at Florida House and Senate bills which may affect residents in the entire state and alter the ever-changing face of Second Amendment interpretation, and will do so in two parts.
Specifically, part one of this story will look at House Bill 163 regarding openly carrying firearms and Senate Bill 344 regarding “stand your ground” changes. Part two will look at Senate Bill 130 regarding unlawful discharge and Senate Bill 228 regarding mandatory minimum sentences.
Various people have weighed in on these bills to help SRPG readers understand the laws and issues related from the sponsoring congressmen, to local attorneys, from the sheriff, to the Santa Rosa County Republican Party chairman.
House Bill 163 – Open Carry
The first bill on the list, HB 163, would allow citizens with concealed carry permits to openly carry their firearms. According to the Florida Department of Agriculture and Consumer Services Division of Licensing, as of February 29, there are 16,568 concealed carry permit holders in Santa RosaCounty, and 1,529,132 in the state.
Matt Gaetz, sponsor of House Bill 163, said, “45 other states allow some form of open carry. States that allow open carry have a violent crime rate 23 percent lower than in other non-open carry states.” He said as well, people with concealed carry permits “are remarkably law abiding. They’re six times less likely to commit a crime than a law enforcement officer.”
Sheriff Wendell Hall said he was “one of the sheriff's not opposed to open carry.” However, he drew the line at what weapons those could be. “I would have been opposed if the law allowed (citizens) to carry a high-powered rifle or an AR-15.”
Hall addressed the situation from a scenario wherein an officer meets a citizen openly carrying a firearm. He said as soon as the officer sees the gun, his or her flags go up. Otherwise, the person, “could very easily surprise us.”
Jerry Bloechle, who teaches concealed carry classes with Know More Investigations, came at the subject from a confrontation between ordinary citizens.
“My concerns about open carry are first, that a visible firearm changes the dynamics of disagreement and can lead to escalation. Second, a pistol carried openly without retention makes it susceptible to being taken by an assailant. I understand the point of view of open carry advocates but I think open carry in public places in Florida is unwise.”
Sam Mullins, Santa Rosa County Republican Party chairman, said openly carrying a firearm should be a person’s choice. He said personally, he believes concealed carrying is smarter, “that way a bad guy doesn’t know if I’m carrying.” He said in a robbery or mass shooting situation, the assailant could easily identify threats. “However, as a constitutionalist, you should have the right.”
Local attorney, Dan Stewart weighed in and said, “It’s a balancing act under the Second Amendment. It has as much to do with safety of the public as a whole as it does with any right a person has.” He said his understanding is the results of open carry laws are mixed, and supporters and detractors will give varying statistics.
Stewart himself noted he has a concealed carry permit and doesn’t see the need to open carry.
“I just don't see the big fight. If you’re going to choose your battles over the Second Amendment, there are battles better focused on protecting (it) than open carry.” Stewarts’ concerns with open carry were making the weapon itself a target for the unstable who might try to steal a firearm from an unsuspecting owner. “People who want to take advantage of you, they're masters at it.”
For Gaetz, the battle over open carry continues. “We passed the bill out of the house overwhelmingly. The Senate judiciary committee refused to vote…It was disappointing. It’s one of the most constitutional issues facing the state. Each year (we) will fight for open carry. I think we have to fully vindicate the Second Amendment. There is no basis to restrict rights, so the government shouldn't.”
Senate Bill 344 – Stand Your Ground, Burden of Proof
Once a weapon comes into play, it can mean devastating consequences, even for the person defending him or herself. A person can claim “stand your ground,” meaning he or she can use deadly force without the duty to retreat when faced with a reasonable perceived threat, according to a U.S. News & World Report definition.
According to Senate Bill 344’s summary, this claim would be easier to use since it specifies, “that once a prima facie claim of self-defense immunity has been raised, the burden of proof shall be on the party seeking to overcome the immunity from criminal prosecution.” The prosecution has to prove the shooter wasn’t acting in self defense as opposed to the shooter having to prove he or she was.
While Mullins stands on the US legal system’s presumption of innocence in supporting this change, Stewart said, “Procedurally, it would be nightmare for the court…It’s not practical…So many constitutional issues are raised by the bill, they just need to leave it alone.”
Sheriff Hall’s opinion fell more midway on this bill saying one always has the right to defend oneself with whatever means, including deadly force, but if a man does use deadly force, “he should expect to have to explain it to the state attorney.”
The future of the Second Amendment depends upon its defendants and those who want to change it. As far as interpretation, those like Stewart point to exceptions in the First Amendment. Stewart compared shouting “Fire!” in a crowded theater to freedom of openly carrying firearms. Strict constitutionalists, like Mullins, believe safety concerns should be considered by the citizenry and not enforced by the government.
Will open carry become legal in Florida? Gaetz vowed to continue fighting for it, but his most effective way is to remain in office. This is not an endorsement, only a fact to let readers know laws they want changed or defended need advocates in lawmaking, congressional, seats.
It remains to be seen if prosecuting Stand Your Ground cases will change, but it looks good to do so, according to the bill’s sponsor, Senator Aaron Bean. A message from his office said, “This bill has already passed both chambers unanimously.” The bill becoming law now falls under the pen of Governor Rick Scott.
Look for Part 2 in the next Santa Rosa Press Gazette edition.
This article originally appeared on Santa Rosa Press Gazette: KNOWING YOUR RIGHTS The changing face of the Second Amendment