What does HB543 propose to do or change:
by: Jon H. Gutmacher, Esq.
I’ve been asked lots of questions on House Bill 543, and my opinion of it. It’s a long bill, but I finally had the chance to read it, and map it. Here’s my analysis:
First – HB 543 is not an “open carry” bill. It primarily extends the right to carry a concealed firearm or weapon without having a CWL if the person is at least 21 years of age, and otherwise meets the qualifications and avoids the exclusions for a Florida CWL, but without a need for any training component.
Second – a person carrying a concealed firearm or other weapon must have valid identification on their person, and provide such identification to any law enforcement officer upon demand. A holder of a CWL no longer must have the CWL on their person, but only a valid identification – which must be provided to any law enforcement officer upon demand while carrying a firearm or weapon concealed.
Third – non-residents have the same privileges as Florida residents subject to the same requirements. Also, if a non-resident has a CWL from their resident state, it is valid in Florida the same as a Florida CWL.
Fourth – 790.25 allows non-CWL concealed carry 18 years of age or older within a private conveyance only if the weapon or firearm is securely encased, or not readily accessible, and – it cannot be carried on the person. A holder of a CWL may still carry concealed on the person.
There are other additions to the 790.25 for “tactical medical professionals”, and some other changes that will
not have a major impact. However, concealed carry in a pharmacy is now lawful without a CWL if the person is 21 or older, and otherwise meets the qualifications for a CWL other than training.
I still like the CWL, and will continue to have it. The advantages of a CWL are:
1. Can conceal carry on religious school grounds
2. No waiting period for purchase of firearm
3. Avoids federal 1000 foot school zone prohibition
4. Can be beneficial in reciprocal states
My main criticism of the bill is:
1. A lack of a training requirement for concealed carry without a CWL.
I hope that helps you understand the bill. If you don’t have my book – please buy a copy, and let your friends know how important it is.
I had high hopes that the legislature would address the issue of open carry. Now my preference is to conceal carry as I dont want anyone to know i have a firearm on my.
BUT, I own 70 acres in Levy County which is a Tree Farm and building out a larger operating farm. I open carry on my property all of the time as a concealed firearm gets in way of doing chores e.g. driving the tractor, UTV, cutting wood, working in the greenhouse, barns etc. Technically I am in violation of Florida Law. But my excuse that I use is that I am ALWAYS hunting wild hogs on my property, which allows me to open carry. I have a huge hog problem so no Deputy would probably take me to jail over this. This is nonesence that the legislature cannot cure this issue. The other issue I have is with traveling – specifically driving long distances. I have to do this to run both of our businesses. Carrying concealed in your private vehicle is very uncomfortable. I carry OWB on my right side so the seat belt interferes with getting to the gun and getting it out of the holster. So I take it out and cover it up from view in the passenger seat or put it in the center console. This is not ideal. The Florida legislature gets to get some balls and legalize open carry and be done with it. But they are afraid of Disney’d woke push back. i grew up in Missouri where open carry is legal. It never disturbed me to see someone with a pistol on their side. I lived in Texas and Arizona, and ditto. Been to Alabama a lot on business and ditto. But city folks see an individual carrying a side arm openingly, they want to wet their britches and then call 911. There has got to be away to convenience this Florida Legislature to do this right now and not piece meal it out over time. DeSantis will sign it but their are some RHINOs in the legislature that cow down to the pressure that they receive from the NY, NJ, CA, MI, Minn, etc liberal transplants. Who do we lean on at the legislature to educate them on our needs? Especially those that live in remote rural areas of the State?
Actually — you can open carry on your residence or business property. It’s always been that way.
Given that this is a big attempt to clean up the law, would you not recommend they add true “constitutional carry” and add open carry?
What other elements of the rules of self defense would you have the legislature clarify with this opportunity?
I’m for open carry as long as they don’t screw up the drafting, and make it for onerous for concealed carry. I had hoped they would approve open carry, and leave concealed with the CWL. That would have technically been a true “Constitutional Carry”, and I think would have worked much better — but then — I didn’t write this thing.
Thanks for your tech evaluation…..
I concur about the training aspect….
So important….