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From the staff of the Tampa Bay Times

Open-carry bill up for final hearing in Florida House this morning

28

January

A controversial proposal -- backed by the National Rifle Association and gun-rights advocates -- that would allow more than 1.4 million people in Florida to openly carry guns goes before its third and final House committee this morning.

Expect lively debate by the House Judiciary Committee over the proposal from Rep. Matt Gaetz, R-Fort Walton Beach. At least two divergent amendments have been proposed; others might have been filed since last night, but are not publicly available yet.

Gaetz is offering a compromise to his bill, in line with what the Florida Police Chiefs Association has requested. His amendment would allow openly carried guns to be loaded or unloaded, but they'd have to be holstered.

Also, the language removes restrictions on judges and law enforcement that his original bill included, which would have limited how police investigated people openly carrying and how judges decided cases. Gone is the "strict scrutiny" mandate on judges and inserted is a clarification that the proposed law "is not intended to restrict a law enforcement officer’s ability or authority to conduct investigations."

However, police officers would remain vulnerable to lawsuits if someone accuses the officer of violating their right to bear arms, a penalty that Gaetz's bill still includes.

Meanwhile, Rep. Dave Kerner, D-Lake Worth, has filed an amendment that would gut the bill and replace it with provisions sought by the Florida Sheriffs Association. General open carry wouldn't be allowed. The changes aim to target only what the NRA has said is its primary concern: the prosecution of people who accidentally display concealed weapons.

But NRA lobbyist Marion Hammer said this morning that solution is off the table. She said lawmakers aimed to resolve that issue in 2011 but it didn't work. She said NRA attorneys believe the only fix is to allow open carry in general.

She added: "We're ready to fight."

The proposed law would still only apply to people who have concealed weapons permits in Florida.

The committee hearing starts at 9. Stay tuned to see what happens.

[Last modified: Thursday, January 28, 2016 11:09am]

    

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