Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.8
Site Design by Sekimori

« Court strikes down Minn. limit on young adults carrying | Main | NY court strike down "red flag law." »

Florida goes constitutional carry!

Posted by David Hardy · 3 April 2023 12:36 PM

Story here. That makes permitless concealed carry the rule in a majority of states.

6 Comments | Leave a comment

ARLDN | April 3, 2023 1:10 PM | Reply

AFAIK it's now the only state with unlicensed CCW which still bans open carry (whether licensed or not).

tkdkerry replied to comment from ARLDN | April 4, 2023 8:34 AM | Reply

Which means it's not really "constitutional" carry, doesn't it?

Bill Wiese | April 4, 2023 12:38 PM | Reply

Again, for all those rooting for 'constitutional carry' it's not that useful
UNLESS YOU REALLY KNOW WHERE YOU ARE (unlikely if travelling).

Federal GFSZ (Gun Free School Zone ) law, as amended in later 1990s
*only* exempts people with carry permits issued by that state or one of
its locales.

It specfically DOES NOT exempt for
- reciprocal carry;
- constitutional carry.

Remember that school zones are often poorly marked on maps. School
property not in use as school but still designated prob still counts. And
there is a 1000' foot zone from the EDGE of the school property, not the
center (common misperception).

Furthermore things like:
- churches with K-3 day schools
- adult education centers taking funds, students and maybe even
staff from the local high schools (like for Jrs/Srs in ROP trades
classes)
may well count as 'schools'.

Violation/conviction even as a misdemeanor loses your gun rights for
life (poss sentence longer than 1yr etc) and the only 'fix' is a Presidential
pardon.

Nobody will ever get busted for this unless/until someone legit uses
gun in an SD situation (even if unfired). When all the relevant local
paperwork and lawyering gets filed there's all the information a Fed
could want to document the situation and location. Spare me the
nonsense about "no jury would convict" - that's BS esp for Fed juries.

Bill Wiese
San Jose CA

ARLDN replied to comment from tkdkerry | April 4, 2023 1:44 PM | Reply

@tkdkerry yeah, that's one reason why I specifically referred to it as "unlicensed carry" not "Constitutional carry". But even if the law did legalize unlicensed open carry, it still wouldn't be "Constitutional carry", because Article I section 8 of the Florida Constitution says:

"SECTION 8. Right to bear arms.—
(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law."

The state still retains the power to regulate carry, they're just not choosing to require a license to do so in some situations. Real Constitutional carry would be changing the comma to a period and removing everything after it.

tkdkerry replied to comment from ARLDN | April 6, 2023 11:49 AM | Reply

Not being a Florida resident, I was wholly unaware of the "except in the manner..." wording in the Florida Constitution. That's good to know, thank you.

Fyooz | April 7, 2023 10:13 AM | Reply

There are yet some who assert that applying for, paying for, and receiving a concealed carry permit kisses away the chance to demand that the RKBA be respected.

We couldn't have gotten here without permitted carry.

Leave a comment