Jon H. Gutmacher: The problem with 'open carry' laws

[jpak]

http://www.gainesville.com/article/20110426/NEWS/110429640/1109/sports?Title=Jon-H-Gutmacher-The-problem-with-open-carry-laws

There is a strong effort in the Florida Legislature, with a heavy push from the NRA, to pass an "open carry" of firearms bill for holders of the Florida Concealed Weapons Permit. Some proponents say this is necessary to prevent the arrest of CWP holders who may inadvertently, or accidentally expose their firearm. That is a misconception, and is not the law. Others feel it will make defensive use of a firearm safer and easier. That is debatable. However, the vast majority of Florida citizens, including those within the firearms industry, are in opposition. Why?

First, is the obvious fact that the Concealed Weapons Program has worked so well, and the laws in Florida are so firmly established, that most people wonder why we need to "fix" it with something else. Second, is the obvious fact that open carry is likely to offend many, and will likely lead to a substantial backlash by businesses who, in an effort to prevent open carry in their establishments, will take steps to ban all firearms and weapons, even those that are concealed. Many of the states that allow "open carry" have laws that make it a crime to enter a store or business that has signs posted that forbid weapons on their premises. I personally predict Florida will pass such a law within two years if "open carry" is passed. This would be a felony in Florida because trespass with a firearm is considered the crime of "armed trespassing". It would also result in a marked reduction and effectiveness of the concealed weapons permit, because it will lead to significant restrictions in where you can currently carry. I seriously doubt that places like major grocery chains, banks, malls, restaurants, or medical facilities will welcome open carry, and will therefore take steps to prevent it. A sign that says "No firearms or weapons" will apply to both open and concealed carry if backed by a statute that prevents entry in such posted areas.

However, it is true, that it makes no sense to prevent "open carry" at places where the owner or proprietor has no objection. Likewise, if the Legislature wishes to clarify existing law that inadvertent or momentary exposure is not a crime, then the remedy is to have language stating that persons with a valid Concealed Weapons Permit "shall not be in violation of the provisions of s.790.053 (ie: prohibition against open carry) where a concealed firearm or weapon becomes momentarily or inadvertently exposed, or where the person has the permission of the person or entity on whose property he or she may be."

<more>

the cartoon sez it all

yup

[aikoaiko]

1. So offending those who don't like to see a gun is your best reason for denying open carry?

You really don't have much except bigotry against those who wish to keep and bear arms, do you?

[gejohnston]

2. Growing up in Wyoming

Open carry was always legal. Other than hunters and one or two ranchers in our vast wilderness,never saw anyone do it. When I go home, still see no one doing it. I don't picture anyone doing so, and I think is dumb in the city/town. I do agree with the last paragraph about inadvertent exposure.

As for Florida, in 1941 the Florida Supreme Court overturned a conviction of an open carry case because the defendant was white. Watson v. Stone, 4 So.2d 700, 703 (Fla. 1941)

[PavePusher]

3. Well except for the fact that very few businesses actually ban firearms....

and that Florida could change that trespassing law to make it only a misdemeanor, or that no other state has had any problems with it....

Yeah, you probably thought you had a point in your post somewhere... but you don't.