The Second Amendment has always been a source of much controversy in our
nation. For those who oppose gun control and those who support it, finding
a common ground on which to stand can be extremely difficult. With Florida
legislators now considering House Bill 163 – an open carry law for
the state – more arguments are sure to stir.
Recently, the Florida House Criminal Justice Subcommittee passed HB 163 with an
eight to four vote, despite the strong opposition and protests coming
from certain Democratic members of the committee. In particular, people
who do not agree with the bill are worried that home or business owners
who do not want firearms on their property will be slammed with legal
backlash if they deny an open carrier access to certain places. Proponents
of the bill were quick to point out that Florida is one of only five states
that have an open carry ban, so regulations that are working in other
states could be adopted there.
Additionally, in order to openly carry a firearm in public places, a gun owner would
first need to qualify and register for a concealed firearm permit. To
obtain such a permit, an individual needs to showcase their ability to
responsibly handle a firearm and have a relatively clean criminal record.
Democrats counterpointed that being able to use a gun during a test does
not necessarily mean it will be safely handled in a moment of danger,
and will ultimately put innocent bystanders at risk of being shot.
Weapons Charges in Florida
Regardless of how you feel about the proposed HB 163 and the open carry
law it details, it should be interesting to see how the law will affect
weapons charges in Florida, should it pass. Currently, if you have been
arrested for a weapon-related crime – such as illegally possessing
a firearm – the only way to defend your rights is through litigation.
Contact The Law Office of Wyndel G. Darville, PLLC and speak to our Sarasota
criminal defense attorney, Mr. Darville. With more than 150 jury trials under our team's belt,
we believe we should be your first choice of legal advocacy.
Call (941) 564-5319 for your
free 30-minute consultation today.