Firearms Preemption Enforceable Oct 1st.
As you probably know, we worked hard during the last legislative session to help pass Florida's Firearms Preemption Enforceability Bill (HB45). The new law will allow us to hold public officials accountable for violations of state law in their attempts at gun control.
We have worked in good faith with jurisdictions and agencies across the state to remove their anti-gun laws and regulations and are pleased to report that most have responded to our efforts by repealing their firearms regulations.
A few have decided to test our resolve.
We will begin filing cases on Monday, Oct. 3rd that will impact gun owners across the state and quite frankly, we need your help. These cases are expensive to file and our political strength is in our grassroots membership.
FLORIDA CARRY ALERT
FOR IMMEDIATE RELEASE – September 18, 2011
Orange County Sheriff's Office releasing private gun owner info - Request for special prosecutor.
Florida Carry, Inc., through our attorneys, has requested that Governor Scott appoint a special prosecutor to investigate felony violations of state law by the Orange County Sheriff’s Office. Sheriff Demings' department utilized secure police databases, intended for use in the enforcement of law, for his office's lobbying efforts and made private gun owner, concealed firearms licensee, and driver's license data public despite multiple state and federal laws.
Orlando area State Attorney Lawson Lamar's Office has refused to fully investigate this issue and cleared high ranking members of the Sheriff's lobbying team of any wrongdoing within days despite clear violations of state and federal law. There is a clear conflict of interest when the local prosecutor is tasked with investigating the department he relies on to bring him cases. A Special Prosecutor is necessary to remove any bias or perception of impropriety.
Click the links here to see the reply to our request for investigation from the Orlando Area State Attorney's Office and our subsequent letter to Governor Scott requesting a Special Prosecutor be appointed.
We urgently need you to email Governor Scott NOW!
Include “Please appoint a special prosecutor for OCSO” in the Subject Line
E-mail Helper (feel free to cut, paste, and edit to suit)
SUBJECT: Please appoint a special prosecutor for OCSO!
Dear Governor Scott,
This e-mail is to express my great concern that senior members of the Orange County Sheriff's Office utilized the private personal information of Florida gun owners, obtained from secure law enforcement databases, for their lobbying efforts in Tallahassee. This data is intended for use in the enforcement of law, not release to the public to support a political agenda. Despite state and federal law, an Orange County Sheriff's Captain in charge of the lobbying office released Driver's License photos in a list of Concealed Weapons/Firearms License (CWFL) holders and Gun Owners before testifying before a Senate Committee considering SB 234.
See the video here: http://www.wesh.com/news/29029438/detail.html
Florida Carry requested an investigation be opened by the local State Attorney but received a letter, days later, saying that there was no violation of law. I join Florida Carry in asking that a Special Prosecutor be appointed to investigate the felony release of a gun owner list, CWFL data, and other protected personal information.
See this link to the letter sent to your office:
There is a clear conflict of interest when the local prosecutor is tasked with investigating the department he relies on to bring him cases. A Special Prosecutor is necessary to remove any bias or perception of impropriety.
FLORIDA CARRY, INC. LEGISLATIVE ALERT
FOR IMMEDIATE RELEASE – April 25, 2011
SB 234 – On Senate Special Calendar for April 27, 2011
Members and friends,
We’re down to the wire. On Wednesday, the Senate will vote on SB 234. This bill includes open carry, vehicle carry, DOACS fingerprint authorization, and long gun/shotgun contiguous state purchase authorization.
Of course, the most contentious element is open carry. This is going to be a squeaker, folks. By now, the Senators should have already made up their minds. Nonetheless, Florida Carry is requesting one last push to deliver this baby.
We’ve shown the untruthful (and perhaps unlawful) tactics used by the various Sheriff’s offices and the Florida Sheriff’s Association that has spurred an official investigation by the State Attorney’s Office, FDLE, and OCSO internal affairs. Pinellas County Sheriff Coats told the committees his speculation on open carry, then admitted that he hadn’t researched how open carry works in any other state. The deputies of the Hillsborough County Sherriff’s Office pulled over and detained a licensed concealed carrier just a few days ago for “printing” of his lawfully carried firearm despite their Sheriff’s testimony to the legislature that his officers would never do such a thing.
The fact is that, not a single opposition speaker has ever addressed how so many other states could have open carry without the doom and gloom consequences that they espouse. Is it coincidence that the same predictions were made in 1987, by the same organizations, with regards to shall-issue concealed carry?
Please take a moment and fire up your e-mail clients one more time. Thank you for your continued support, and with any luck, we’ll be seeing you at an open carry picnic sometime in the near future!
Feel free to use the e-mail helper below, and thank you again for your solid support. We’re almost there, and we just need a final push to get this bill to the Governor’s desk for his promised signature.
E-mail Helper (feel free to cut, copy, paste, and edit to suit)
44 States allow lawful carry of firearms in the common terminal and baggage claim areas of airports. There are federal laws that restrict firearms, knives, and other weapons in the "sterile area" beyond the security checkpoint but the unsecured areas of the terminal are subject to state law.
Florida, and only five other states, make the entire airport terminal off limits even to carry license holders while armed. The US Supreme Court made it clear in DC v. Heller (2008) that Americans have the right to "carry weapons in case of confrontation," but this right can be restricted "in sensitive places".
The Federal government has determined that the "sterile area" is the "sensitive place" at an airport but Florida has gone much farther and banned even licensed carry inside the entire terminal, on this topic Florida is one of the most restrictive places in the country.
This has lead to confusion in the past even outside the terminal. In one case a lawful concealed carry licensee had his firearm become accidentally exposed while helping to unload luggage for someone who he was dropping off at the airport. Airport police overreacted and he ended up cuffed on the sidewalk outside until the officers realized their mistake.
These incidents don't happen in the states where the limit on carry is clearly defined as in the "sterile area".
April 13, 2011
URGENT! SB 234 Press Release - E-mail request from Florida Open-Carry.org and Florida Carry, Inc.
Please review the press release included below. Senate Bill 234 will meet the Florida Senate Rules Committee on Friday, April 15 at 9:15 am. We request that you send this to the members of the committee.
Please copy and paste everything below into an e-mail to the committee members.
SUBJ: Support SB 234 – Don’t give in to the same forces that fought us in 1987.
The Rules Committee, of which you are a member, will consider Senate Bill 234. This bill would restore the practice of open carry of firearms. The Florida Sheriffs Association has been lobbying heavily in opposition, citing misinformation and exaggeration. Please read the included press release from Florida – Open-Carry.org
When you cast your vote on Friday, please consider the realities of open carry and do not give in to the emotional and misleading speculation designed to persuade you to make a bad decision. Please vote in favor of SB 234.
<Insert only your name here>
For Immediate Release – April 13, 2011
Florida Open Carry
(A grass roots community of over 6000 registered members.)
Florida Law Enforcement Officers Push the Limit to Stop Open Carry Rights Bill.
The main provision of Florida Senate Bill 234 would, for the first time since 1987, permit concealed weapon or firearm license holders to carry handguns openly. On Tuesday, the Senate Judiciary Committee heard testimony regarding the bill.
Hillsborough County Sheriff’s Office Major Ken Davis told of a recent traffic stop of six Tampa Bay Outlaw motorcycle gang members. “Although the six Outlaws were certified gang members, and had histories of criminal arrests, most were also concealed carry permit [sic] holders”, he related.
According to Florida Statute, the Department of Agriculture and Consumer Services must suspend the licenses of those persons arrested or formally charged with a crime that would disqualify an individual for a license until final disposition of the case, and a licensee who is under an injunction that restrains them from committing acts of domestic violence or acts of repeat violence. Finally, the agency must revoke the license of a licensee who has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding three years.
One must conclude that Major Davis was either embellishing the facts surrounding the criminal arrests of the certified gang members in order to sway the committee, or his department was derelict in not reporting the disqualifying arrests to the Department of Agriculture and Consumer Services for suspension of the licenses of those involved.
In fact, it appears that members of the Orange County Sheriff’s Office may have violated the law in order to influence the committee members. During his testimony, Captain Mike Fewless stated, “I actually stopped by every one of you guys’s [sic] office this morning (and) dropped off seven photographs of some biker outlaw gang guys that have carrying concealed firearm permits [sic]. Those are the ones we’re worried about carrying.”
Florida Statute 790.0601 expressly forbids the release of personally identifying information of a person who has applied for or who has received a license to carry a concealed weapon or firearm. The specific circumstances in which that information may be released are with the express written consent of the licensee, by a court order upon showing a good cause, or upon request of a law enforcement agency in connection with performance of lawful duties. There is no exemption for release of identifying information by anyone for the purposes of furthering a political agenda.
Outright misrepresentation of fact appears to be a tactic our sheriffs are willing to utilize to defeat SB 234. Volusia County Sheriff Ben Johnson testified that open carry would be evident in the stands at next year’s Daytona 500 auto race. Conveniently, Sheriff Johnson omitted the fact that carry at a professional athletic event is a violation of existing statute, and Daytona International Speedway is a privately owned facility and has the statutory right to have anyone trespassed from the property for any reason, including carry of open or concealed firearms.
Finally, and perhaps most importantly in these times of fiscal austerity, were any public funds utilized to oppose the expansion of Second Amendment rights on behalf of the Florida Sheriffs Association? Although elected officials, like the sheriffs are exempt, statute forbids anyone else to be compensated for lobbying without being registered as a legislative branch lobbyist. This means that if any non-elected law enforcement officers were compensated for in any way, by any public or private entity, they very well may have been in violation of law. Were any publically owned vehicles used for travel? Did any of the officers use per diem allowance or stay overnight on the taxpayer dime? And how many were on the clock? But even if on their own dime, was it ethical to then wear their uniforms and, ironically, their firearms to the committee meeting?
It is apparent that member agencies of the Florida Sheriffs Association may be willing to embellish circumstances, bend the law, and intentionally misrepresent facts in order to influence the committee and the legislature at large in order to maintain their virtual monopoly on open carry. Ironic since in 1987, when shall-issue concealed carry was being debated, the same association stated they preferred open carry over concealed carry so their deputies would not have to guess at who was armed.
Florida Carry, Inc.
About: Florida Open-Carry.org is a grass roots movement of Florida residents who endeavor to raise awareness in the community of our second amendment rights. Our primary goal is to help educate others about their right to legally open carry and advocate for repeal of the general ban on open carry in Florida. Florida is one of only seven states where open carry is generally illegal.
Join our Facebook group of over 2000 members at: http://www.facebook.com/group.php?gid=133834343298930
Follow us on Twitter at: http://twitter.com/FL_Open_Carry/
Sign the Petition at: http://www.petitiononline.com/FLOC2A/