July 6, 2010 12:05 AM
Link Removed
Sean Caranna of Port Orange is founder of Florida Open Carry, an organization devoted to changing Florida's gun laws. He spent eight years in the U.S. Army as an infantryman, including active duty service in Europe, Bosnia and South America, and he also served in the Florida Army National Guard. Since leaving the military he has worked in the computer imaging, simulation and advanced information-technology fields.
Florida's ban on open carry creates practical issues and new constitutional problems.
In 2008, the United States Supreme Court held that you have a right to have a handgun for self-defense. As ruled by the high court, you have "the individual right to possess and carry weapons in case of confrontation." That right has just been applied to the states by the latest Supreme Court ruling that also struck down a licensing scheme that made handgun ownership almost impossible in Chicago. Your right to self-defense, anywhere you are legal to be, is constitutionally protected.
Every day, hundreds of thousands of Floridians go about their daily activities while carrying a firearm. These people are retired or off-duty police, current or former military and the average law-abiding American. They are responsible people who are trained, fingerprinted, submit to a background check and are licensed to carry a firearm to be able to defend themselves and others should that horrible need ever arise.
Florida, however, is one of only seven states with wide prohibitions on carrying an unconcealed firearm. That means people are required to conceal their firearm at all times. That works pretty well during the winter when we dress in heavier clothes and jackets, but, when you go inside, you want to take your coat off.
There's an even bigger problem in the summer heat, especially while engaged in many outdoor activities. Florida's gun laws prohibiting displayed weapons include exceptions for going to and from the shooting range, fishing, hunting and camping, but that's about it. It is just not possible to conceal a standard handgun in most regular summer attire.
There is also the issue of licensing a constitutional right. Writing this article did not require that I apply and pay for a writer's license. No reasonable person would argue that the First Amendment applies only to those who have been to journalism school and are employed as a member of the press. Just as the First Amendment does not protect your right to yell "fire" in a crowded theater; the Second does not give you the right to wave a gun around or threaten anyone.
You have the right to carry a weapon for self-defense, but, in Florida, you have to be licensed to carry it concealed, and you can't carry it unconcealed. Now that the Second Amendment has been applied to the states just like the First, we have an issue to solve. Privileges, like driving, can be licensed but constitutional rights cannot.
Repealing the ban on unconcealed weapons -- also known as "open carry" -- will eliminate these practical and constitutional problems in Florida. It will provide relief from the summer heat for people who are carrying their concealed firearms. You will be able to dress in lighter clothes, take off your coat when you stop for lunch or enjoy a walk in the park without having to make the choice between being defenseless and getting heatstroke. Lawful open carry would also protect our Florida concealed weapon/firearm license (CWFL) from constitutional issues. The CWFL will act to license the act of concealing the firearm -- and repealing the open-carry ban would satisfy the constitutional right of law-abiding American citizens to bear arms. Remember, "the individual right to possess and carry weapons in case of confrontation" has been affirmed.
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