Florida Open-Carry Amendment Dies in Two Days

Constitutional carry has advanced dramatically this year, and Florida could be next, bringing forth efforts to demonize it.

Florida’s quest for full-blown constitutional carry has garnered the attention of the nation’s pro-gun movement and drawn the ire of the gun-ban industry.

Twenty-five states have already passed constitutional carry, so Florida could become the “majority state,” which terrifies those opposed to civil rights.

Two bills are rocketing through the state legislature in Tallahassee: HB 543 and SB 150, and Gov. Ron DeSantis has promised to sign whatever the Republican super-majority in the legislature can get to this desk.

Unfortunately, neither bill allows for the open carry of arms, which is a crucial component of traditional constitutional carry. Therefore, most Floridians refer to the bills as unlicensed concealed carry. To be clear, every pro-gun group in the state – NRA, GOA, NAGR and Florida Carry, Inc. – all support the legislation because it is the largest restoration of our gun rights since 1987, but wish it included open carry.

Florida State Rep. Mike Beltran, a Republican who represents parts of Hillsborough and Manatee counties, tried to fix the House bill this week by adding an open-carry amendment. Beltran is a target shooter and a Second-Amendment supporter. Unfortunately, his amendment could have caused a multitude of problems. In fact, it could have brought down everything.

It’s not known exactly where Beltran got the language for his amendment, but it would have required open carriers to use a “level two or greater retention device” holster. This would have made Florida the only state in the country where the government tells gun owners what type of holster they must use, and the penalty for using the wrong holster would have been a felony. Imagine getting stopped by police and charged with a felony because your holster does not comply with state law. Even worse, the amendment did not define what a level-two retention device even was.

There were other issues with Beltran’s well-intentioned amendment. It would have made it illegal – another felony – to carry a stun gun without a Florida Concealed Weapon or Firearm License, or CWFL. However, the biggest concern was what would have happened in the state Senate.

Senate President Kathleen Passidomo does not support open carry. Earlier this month Passidomo said she does not support open carry because the Florida Sheriff’s Association does not support open carry.

“I will support what the Sheriffs of this state, who are the experts, support. I don’t know one end of a gun from another, so I certainly want to support the experts,” she said. “The reality is, this bill basically says you do not need the government’s permission to carry your weapon. That, in my mind, is constitutional carry.”

If the bill made it to the state Senate with Beltran’s open-carry amendment intact, Passidomo could have made sure it died a quick death.

Beltran’s amendment was withdrawn Wednesday afternoon.

More Instructor Pushback

Nearly every state that has passed constitutional carry has experienced some pushback from firearm trainers, who are worried that an end to state-mandated training will hurt them financially. Unfortunately, Florida is not immune from this short-sighted attitude.

Scott Grant is a retired Pasco County (Florida) deputy sheriff and owner of Tactical Decisions and Training. For more than a decade he has taught a concealed weapons course that satisfies the state training requirement for a Florida Concealed Weapon or Firearm License, or CWFL.

Grant appeared on a local ABC television news affiliate to express his concerns about the current legislation.

“To be able to drive, we test you on that before we give you a license. To get married, you need a license. To get divorced, if you have a child, you have to take a class. To operate a boat … a firearm is more dangerous than any of those,” Grant told the TV reporter.

I interviewed Grant briefly a few days after his television appearance and asked him why he believed his bank account was more important than our civil rights.

“It doesn’t have anything to do with my bank account,” Grant said, adding that he trained people for free. He clarified this by explaining he did not charge veterans, law enforcement or domestic violence victims. However, students seeking a CWFL pay for their training.

Grant said other trainers have appeared on TV to express their concerns with the unlicensed concealed-carry bills. He added that he is a “firearm safety expert,” and then ended the interview.

“I don’t think we’re going to continue this conversation. It doesn’t seem like it will be pleasant for me,” he said. “I believe everyone should be armed with training, whether they get it from me or someone else.”

SAF investigative editor Lee Williams is also a board member of Florida Carry, Inc.

This story is presented by the Second Amendment Foundation’s Investigative Journalism Project and wouldn’t be possible without you. Please click here to make a tax-deductible donation to support more pro-gun stories like this.


About Lee Williams

Lee Williams, who is also known as “The Gun Writer,” is the chief editor of the Second Amendment Foundation’s Investigative Journalism Project. Until recently, he was also an editor for a daily newspaper in Florida. Before becoming an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.

Lee Williams

Lee Williams
29 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Grigori

You were too generous and kind in calling the Amendment by Mike Beltran, “well intentioned”. Just from reading this, I can tell you he is no friend of The Second Amendment, or of gun owners. Anyone who would suggest making it a felony for such a minor infraction as carrying in the “wrong” holster is at very best, two-faced. Gun owners in his district would do well to replace him. Here in SC, a few years ago, we had a cad similar to him in the SC Legislature. Mike Pitts got “A” or higher ratings from the NRA and touted… Read more »

Last edited 1 year ago by Grigori
Grigori

Ope, I hope you are right! Your encouragement is appreciated!
Thank You!

Grigori

Where did Ope’s comment go? He said nothing abusive or wrong.

KenW

Florida has a printing rule and it is already a violation if your sidearm is exposed. I commented on Lee’s blog about how these amendments are added to kill legislation, how both sides do it, but to have your (suppossedly) own side to do it is unacceptable.

moe mensale

“Florida has a printing rule and it is already a violation if your sidearm is exposed.”

No, it’s not. That was fixed over a decade ago. See FS790.053(1).

https://www.flsenate.gov/Laws/Statutes/2022/0790.053

Last edited 1 year ago by moe mensale
Grigori

Right! I resent the card-carrying anti-gunners and their agenda. That said, I have no less than 5× the venom for any and all politicians who claim to support our gun rights (“support 2A, etc) yet regularly vote or otherwise maneuver against us. For the same reason that armies across the globe have rules allowing for field expedient execution of traitors in times of war, I hold these traitors in particular contempt.

LibertyToad

Debunked. You don’t have a right to drive. You do have a right to have a gun and to carry it. It’s a fallacious argument.

Stag

Yes, you do have a right to drive via the 9th amendment and Justice Tolman said it perfectly, “”Personal liberty largely consists of the Right of locomotion — to go where and when one pleases — only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has… Read more »

Last edited 1 year ago by Stag
Courageous Lion - Hear Me Roar - Jus Meum Tuebor

You are wrong. The supreme court has even ruled that you have RIGHT to drive. To test a right simply ask yourself this…if there were no government agents to say what I’m doing is wrong and what I’m doing damages no one, is it a right? YES. As long as you are in no way damaging someone it is a RIGHT. U.S. SUPREME COURT SAYS NO LICENSE NECESSARY TO DRIVE AUTOMOBILE ON PUBLIC ROADS

WTF???? This is interesting, and the first I had heard of this! I guess this means US Supreme Court rulings are meaningless, much like recent pro-gun rulings, to the states. I say this because in my state at least, they are still charging people for not having drivers’ licenses while driving. They also set up those despicable “safety check points” to check your license on a regular basis in my area.

Thank You for the word!

the Right to Travel is documented under SCOTUS but driving on public roads in a motorized vehicle has not been.

Hazcat

This law is just a political ploy to appease foolish ‘conservatives’.

It brings nothing to the table. Red Flag law still exists, 18 year olds are still having their rights denied, and it does nothing for Constitutional Carry. You will now not have a prayer of passing another bill for at least 20 years, unless it will restrict your rights.

It did expose DeSantis as either a very weak leader or a RINO. Take your pick or both could be true.

shinyo

there is something about DeSantis i don’t feal right about and when i get those feelings i am 99% right, he is 2 faced, he slides in the direction that best suits his agenda, in regards to the trainers being against CC, we had a bunch here in Texas against it with BS reasons, there was no wild west, no craziness, the bottom line is it hurt them in there pockets however i do think most people do not take carrying a firearm seriously enough and need much more practice, practice makes perfect, quality practice, i am an instructor and… Read more »

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

DeSantis is a pretty boy narcist. Just watch how he praises his so called accomplishments. I guess I just don’t like parasites no matter who they are. Once Upon A Time…Mankind Went Insane…

DIYinSTL

I was opposed to constitutional carry when it was going through the legislative process in Missouri, concerned about those untrained and uneducated in the relevant laws. Ignorant people make ignorant choices and could reflect poorly on those of us who went through the training and got permits. Well that was a false alarm. Let’s just say my hat tasted better with a generous application Texas BBQ Rub.

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

Good to see you matured from a child to an adult on the subject. Because many adults still play “Let’s Pretend”…the game children play

Jeff

It’s a step in the right direction for sure.

One thing I’d like to add… Don’t include NAGR as a ‘pro-gun group’. I would stay away from them.

Hazcat

Nope. This is a straight up lose.

Terry

Got that right – nothing but a scam!

Stag

As usual, it’s not going to be the anti-2A Democrats that kill permitless carry. It will be the butter/fudd Republicans. Just like they did for over a decade in Texas. As another commenter pointed out, there was absolutely no reason for open carry to be added to the bill when it includes stipulation on the type of holster one must wear. There is no industry, or legal, standard on what a level two even is. This was nothing more than a ploy by another Fudd Republican to claim he’s trying to get the open carry we want while ensuring it… Read more »

Last edited 1 year ago by Stag
Courageous Lion - Hear Me Roar - Jus Meum Tuebor

Grant appeared on a local ABC television news affiliate to express his concerns about the current legislation.” Grant is a liar. He knows damn well that the major reason he was against it is because he will LOOSE lots of customers. In Arkansas it was the Highway Patrol and instructors who screamed the loudest. WHY? Well the permit costs were being used to bolster the Highway patrol pension fund and of course the instructors who were charging $100 or more for a class and getting 10 to 20 people in every class were going to loose a good chuck of change.


Ledesma

Open carry wouldn’t have been the nightmare Florida gun haters feared. I’m in an open carry state and in 8 years I’ve spotted 3.

PMinFl

The legislators don’t want to offend all of those visiting Karens and their eunuch husbands. Gotta keep those tourist dollars coming in.How about open carry everywhere BUT Orlando and Miami,West palm.That ought to keep the fine politicians happy.

BigRed

Get the cc bill passed and go for open carry later… How long are repubs going to hold leadership in Florida? The next rino or dem that gets control will nix it anyway…

Grigori

I fully understand wanting it all back and wanting it now. That said, I agree with you. As long as they are good crumbs, take whatever crumbs you can get when you can. It might not be what we want or deserve, but an advance in freedom, even a small one, is better than none at all. The only time I would turn away an advance, is if it gives one thing with one hand, but takes away another with the other hand. We need to be watchful for these type deals. The anti-gunners have used incrementalism (aka the slow… Read more »

Last edited 1 year ago by Grigori
Orion

as was done in Oklahoma and Texas, incremental steps work. OK now has true constitutional carry thanks to the work of Don Spencer and his most effective lobbying group. other states would do well to copy his efforts.

Stag

Neither Oklahoma, nor any other state, has constitutional carry. Oklahoma still has laws dictating who, what, when, where, and how one may carry.

Stag
TexasGunCents

Wow. Looks like a previous comment got memory holed. Right of AL passage i guess. I don’t understand. Texas Constitutional Carry was not incremental, yet excluded 18-20 year olds, prior to the Federal courts striking down that restriction? Just getting to CC was a practice of incrementalism. For years in TX permitted concealed carry was allowed, but no open handgun open carry. Eventually permitted open carry was also allowed. Most recently open and concealed permitless carry were allowed. While I agree FLA should pass unpermitted carry, concealed AND open, saying incremental doesn’t work, or did not is not happening in… Read more »