The New 2011 Florida Pro-Gun Laws summarized

Saturday, June 18, 2011

The New 2011 Florida Pro-Gun Laws summarized

         Florida’s governor, Rick Scott, on Friday, June 17, 2011, signed the last of the three pro-firearm bills passed by the Legislature in 2011. These new laws vary, but understanding them are of critical importance to the entire firearms community. Here’s the short, but concise explanation:

SB 234: This modifies Florida Statute 790.053 (prohibitions on open carry) to allow a CWP holder to "briefly and openly display" their firearm to another person(s) so long as it is not done in an angry or threatening manner – unless in necessary self defense. The bill started as an attempt to allow total "open carry" of firearms by all CWP holders, but the majority of Floridians both within and outside the firearms community – weren’t in favor of that. Likewise, an alleged purpose of the revision was to protect CWP holders from unintentional and inadvertent exposure of their firearm. However, that was already protected under case law (ie: "lack of scienter").

      However,  this new law goes far beyond inadvertent disclosure – and allows a brief -- but intentional exposure. Important in the wording was the obvious elimination of the two "trouble words" found in Florida Statute 790.10 (Improper Exhibition), by eliminating the words "rude" and "careless" from the new subsection in 790.053. Important things to remember in this revision – it only applies to firearms. Thus, the horribly worded "improper exhibition" law (790.10) may still cause problems with other weapons. A different section of this new law repealed Florida Statute 790.28 – so that it is now legal to purchase a rifle or shotgun in a non-contiguous state pursuant to federal law.

HB155: This law provides a certain amount of "medical privacy" to prevent medical and emergency personnel from inquiring about firearms ownership unless they have a "good faith" belief it is necessary in treatment, and also prevents an insurance company from raising rates or denying coverage because of an insured’s ownership of firearms or ammunition.

HB45: This law revised Florida Statute 790.33  (ie:  the "preemption" statute), big time, however,  the effective date is October 1, 2011 -- so there are a few months to go before it takes effect:

       The background was that the Legislature was faced with a myriad of complaints about local governments and administrative agencies writing ordinances and rules that restricted firearms and ammunition use and possession – and substantially interfered and conflicted with the Legislature’s sole power to make laws concerning this area. So,  while the previous version did hold that all ordinances dealing with firearms or ammunition were void and unlawful, the revision extended this to all administrative agencies and all rules and regulations of any type, including state agencies with the exception of regulations by the FFWCC affecting the taking of wildlife, and any ranges it manages; and also allowing governments to set regulations for employees while on duty.    Moreover,  another big change is that any citizen or organization that is affected by such an allegedly unlawful rule, regulation, or ordinance may sue in a court of law for injunctive and declaratory relief and/or damages – and if they win – not only do they get the ordinance or rule tossed out – they also get their court costs, attorney fees, and legal interest. If they lose – it appears the statute will likely bar attorney fees for the defendant unless the suit was utterly frivolous! Major stuff!

      Again -- this statute only applies to firearms and ammunition -- not other weapons.  However,  local governments are still restricted from passing laws that conflict with Florida Statutes -- although those other local laws will be presumed constitutional unless overturned in a court of law.

copyright 2011 by jon gutmacher

7 comments:

Anonymous said...

Am I reading you blog about SB234 corectly and allows a brief -- but intentional exposure so the law now allows intentional exposure? can you give a scenario as to when this applys. Thanks as always you keep us all safe.

June 20, 2011 10:37 AM

Jon H. Gutmacher said...

The blog states the correct law. I will decline on scenarios.

June 24, 2011 5:53 AM

Anonymous said...

Jon, I'm still confused by the new law and the legal meaning of "briefly". Is there any case law defining it or any other legal definition? I'm looking forward to your next edition which will hopefully explain this better.

June 28, 2011 2:03 PM

Anonymous said...

Since the law is so very new - don't expect any appellate decisions for quite some time. "Briefly" should be interpreted as just that -- a quick, momentary showing of the firearm for a lawful purpose. Since the term is obviously vague - the courts will likely use an objectively reasonable period of time. I would therefore be cautious on not trying to push the limit on this. A true "grey" area.

June 29, 2011 5:11 AM

Anonymous said...

How about you are standing outside the local star mega bucks coffee shop and your friend shows up, he asks "hey did you get that awesome new mega defense 9mm you were looking at?" You say "yep, wearing it right now", pulling your jacket back to briefly show your new pride and joy to your friend... legal? Seems like yes to me

July 13, 2011 7:09 AM

Anonymous said...

While the law seems clear on this point, and the answer to me is a definite "yes" - I urge caution as exposure in public places where a non-gunowning onlooker sees the action - can lead to issues with police who do not know, understand, or care about the law - or are just being cautious. jhg

July 13, 2011 6:27 PM

Anonymous said...

What happened with the portion of the bill regarding carrying on college campuses?

August 28, 2011 7:49 PM

September 10, 2011

Florida Forces Towns to Pull Local Laws Limiting Guns

By LIZETTE ALVAREZ

MIAMI — The signs — “No Guns Allowed” — are being stripped from many Florida parks, government buildings, libraries and airports. And local ordinances that bar people from shooting weapons in their yards, firing up into the air (think New Year’s Eve) or taking a gun into an airport are coming off the books.
The state has spoken, again, on the matter of guns, and this time it does not want to be ignored: Since 1987, local governments in Florida have been barred from creating and enforcing their own gun ordinances. Few cities and counties paid attention, though, believing that gun laws in places like Miami might need to be more restrictive than the state laws applicable in rural Apalachicola, for example.
But this year the State Legislature passed a new law that forces counties and municipalities to do away with, and stop enforcing, their own firearms and ammunition ordinances by Oct. 1. Mayors, council and commission members will risk a $5,000 fine and removal from office if they “knowingly and willfully violate” the law. Towns that enforce their ordinances risk a $100,000 fine.
To comply with the law, cities and counties are poring over their gun ordinances, repealing laws and removing gun-related signs. In Palm Beach County that means removing ordinances that ban people from taking guns into county government buildings and local parks and from firing guns in some of its most urban areas. In Groveland, that means they can fire their guns into the air to celebrate. And in Lake County, firearms will soon be allowed in libraries.
“Now you can have a shooting gallery in your backyard,” said Shelley Vana, a Palm Beach County commissioner. “We are really urban areas here. I come from a rural area in Pennsylvania. I understand that guns are appropriate in a lot of places with no problems. But in an urban area, it’s different.”
State lawmakers who supported the bill, which was backed by the National Rifle Association, said local governments were overreacting, particularly since the original law that pre-empted local gun ordinances was passed in 1987.
“The notion that a city ordinance stops violence is patently absurd,” said State Representative Matt Gaetz, the Fort Walton Beach Republican who sponsored the bill. “People lawfully carrying weapons with permits are rarely part of the problem.”
The law aims to protect licensed gun owners who travel from county to county and may not be familiar with the patchwork of rules that dictate where they can carry and shoot a gun.
Florida gun laws are broader than local ordinances. They restrict guns, for example, at legislative and city council meetings but not inside the buildings proper. It permits target shooting under “safe” conditions and in “safe” places and makes it illegal to carry a firearm, if you are being rude or threatening, unless it is in self-defense. Floridians also cannot knowingly fire a gun in a public place, occupied building or on a paved street. But those who support stronger laws said words like “knowingly” and “safe” often make it difficult to enforce.
Local gun ordinances first caused consternation among gun rights advocates in 2000 when South Miami passed an ordinance that required trigger locks for guns stored there. The National Rifle Association took the town to court, and the town lost. But counties and cities across Florida continued to vote on or enforce their own gun ordinances.
“The bill provides a remedy, if somebody chooses to be irrationally stubborn,” Mr. Gaetz said.
Some cities and counties, though, say they will lobby for a change so they can have more flexibility. Officials say that none of their ordinances violate the Second Amendment; they just give them added power to tamp down crime.
“It’s a disregard for public safety,” said Shirley Gibson, the mayor of Miami Gardens, where signs that bar guns in parks were taken down. “It’s not a good message to send.”
Kraig Conn, the legislative counsel for the Florida League of Cities, said fining individual mayors and council members for their legislative actions set a “horrible precedent.” Lawmakers hold immunity that protects them from liability in civil lawsuits for duties they perform. “It pierces legislative immunity,” he said. “This is part of our common law system.”
It also runs counter to the Republican principle that local control is best.
“The State Legislature doesn’t know where it makes sense to restrict guns” in Florida’s most urban areas, Mr. Conn said, “and not restrict them in other areas, rural areas, where there is a lot of open land.”

September 10, 2011

Japan Investigates Online Posting of Obama Flight Plans

By MARTIN FACKLER

TOKYO — Japanese officials moved to control the diplomatic damage after an air traffic controller was questioned here for posting secret American flight information on his blog that included the detailed flight plans of Air Force One last November.
The Transportation Ministry said Saturday that the controller, who works at the Tokyo International Airport at Haneda, could face charges of leaking national secrets. Japanese officials appeared embarrassed by the breach, which also included flight data of an unmanned United States military reconnaissance drone.
Tokyo is apparently worried that the incident could raise new doubts in Washington about Japan’s ability to handle sensitive information, following a scandal four years ago over the leak of American naval radar secrets. The Yomiuri Shimbun, Japan’s largest newspaper, reported that Prime Minister Yoshihiko Noda may personally apologize to President Obama for the current breach during a summit meeting later this month in New York.
The ministry said the controller, who was identified only as a male in his 50s, posted the flight plan of Air Force One during President Obama’s visit to Asia last November. It said the blog contained two pages of detailed information about the flight, including both numerical data and also a map showing Air Force One’s route.
The flight details of Air Force One are usually kept secret to protect the president from terrorists or other attacks. The ministry said the blog contained no explanation of the numbers or images, which would have been largely incomprehensible to a layman.
The ministry said the controller was being questioned by authorities, after an anonymous caller tipped off the ministry last Monday. The ministry said the controller did not appear to act with ill intent, but had told authorities that he posted the information in order to show his friends. It said the sensitive information had been removed from the blog.
The ministry said the controller posted a total of 12 pages of sensitive information on his blog. The leaked information also included the flight plans of a United States military Global Hawk drone that was gathering radiation readings near the crippled Fukushima Daiichi nuclear plant, the ministry said.
For Japan, the incident is uncomfortably similar to the leak in 2007 of classified information about the United States Navy’s advanced Aegis radar system, which is also installed on Japanese warships. A Japanese navy officer was arrested for copying sensitive data about the radar onto CD-ROM disks and distributing them to classmates at a Japanese naval school.
That earlier leak raised doubts about Japan’s management of military secrets, prompting Washington to temporarily suspend shipment of parts for upgrading the radars.

They do that and every bond held by a German bank is an instant zero
in response.

EVERY single large European bank blows if they do that. All of them.
******************************************************
Chancellor Angela Merkel’s government is preparing plans to shore up German banks in the event that Greece fails to meet the terms of its aid package and defaults, three coalition officials said. The emergency plan involves measures to help banks and insurers that face a possible 50 percent loss on their Greek bonds if the next tranche of Greece’s bailout is withheld, said the people, who spoke on condition of anonymity because the deliberations are being held in private
***************

GERMANY MARKS ITS TERRITORY

Germany could be printing Deutsche Mark bank notes in preparation for dropping the euro

Sunday May 23,2010

GERMANY is rumoured to be printing Deutschemark banknotes again in preparation for ditching the euro and distancing itself from Greece and the other ailing states that started the sovereign debt crisis.

As fears mount about the survival of the euro, it is said Germany’s central bank, the Bundesbank, has been ordered to print new marks as part of contingency plans to leave Europe’s single currency.

This would be an extraordinary step for Germany and would deepen the growing divide between Europe’s leading states. Since its introduction in 1999, the euro has had a tough time trying to win over a sceptical German public, who saw the mark as a symbol of their post-war prosperity. Regarded as one of the world’s most stable currencies, it was second only to the US dollar as the reserve currency of choice for investors and governments.

Despite the joint €750billion euro European Union-International Monetary Fund bailout package unveiled this month, there are growing fears that it will not be enough to save Greece, Spain, Portugal, Italy and other states from financial collapse.

If the bailout package fails to stabilise Europe and the euro, analysts fear the global economy could plunge back into recession.

UBS analysts Paul Reynolds and Joelle Anamootoo said: “If the rescue programme fails altogether, we are looking at a potentially much more negative picture.”

******************************************************************************

Deutsche Mark set for comeback instead of Euro in Germany
Updated: June 27, 2011 15:00 IST



Rumours are rife that Deutsche Mark may be re-introduced in Germany and the Euro shelved as the country's currency, a media report said.

There is speculation that Deutsche Mark bank notes are being printed again in preparation for ditching the euro; it's said that Germany's Central bank, Bundesbank, has been ordered to print marks as part of contingency plans to leave Europe's single currency, the Daily Express reported.

Since its introduction in 1999, the euro has had a tough time trying to win over a sceptical German public, who saw the mark - one of the world's most stable currencies - as a symbol of post-World War II prosperity, second only to the US dollar as the reserve option for investors.

In fact, according to a survey, almost three-quarters of Germans now doubt that the euro has a future. They also believe rescue attempts are futile as billions more euros will be paid to bail out Greece which is almost bankrupt.

The poll by German newspaper, the Frankfurter Allgemeine, found 71 per cent had "doubt", "no trust" or thought there is "no future" for the euro. Only 19 per cent expressed "confidence" in it. Sixty eight per cent said they did not think the emergency bail-out of Greece would work.

A separate poll last week showed more than half of Germans thought that Greece should be thrown out of the euro.



Read more at: http://www.ndtv.com/article/world/deutsche-mark-set-for-comeback-instead-of-euro-in-germany-115046&cp

Deal reached to avert transportation shutdown

By JOAN LOWY

WASHINGTON — House and Senate leaders have reached a deal that averts a looming shutdown of federal highway and aviation programs, a key GOP lawmaker said Friday.

The agreement clears the way for passage next week of a single bill that extends operating authority for the Federal Aviation Administration through the end of January and highway and transit assistance programs through the end of March, Rep. John Mica of Florida, chairman of the House Transportation and Infrastructure Committee said in an interview.
Republicans have agreed not to include any spending cuts or contentious policy provisions in the bill, Mica said.
In exchange, Senate Democrats have made concessions involving some of the more difficult issues that been holding up passage of a long-term funding bill for the FAA, Mica said. He declined to elaborate on what those concessions entail.
"This wouldn't be done if there weren't terms that satisfied both sides," Mica said. "It's a positive step."
Republicans plan to bring a bipartisan bill extending both programs to the House floor for a vote on Tuesday or Wednesday of next week, a House GOP leadership said. The aide, who wasn't authorized to speak publicly, asked not to be named.
The last long-term FAA funding bill expired in 2007. The agency has been limping along since then under a series of 21 short-term extensions because the House and Senate have been unable to reach agreement on half dozen or so contentious issues.

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The FAA was forced to partially shut down for two weeks this summer because Senate Democrats balked at passing a short-term extension bill. House Republicans had added a provision to the bill eliminating air service subsidies for 13 rural communities. Democrats said they didn't want to set a precedent allowing the House steamroll policy changes that hadn't been negotiated with the Senate by attaching them to a must-pass bill.
Mica acknowledged at the time that he had attached the spending cuts in part to get Senate Democrats to negotiate a deal on a GOP provision in the long-term bill that would make it more difficult for airline workers to unionize.
The standoff forced FAA to furlough nearly 4,000 employees and issue stop-work orders on more than 200 airport construction projects, putting tens of thousands of construction workers out of work. More than $350 million airline ticket taxes went uncollected.
Eventually Senate Democrats gave way and passed the House bill, but the episode raised concern that a similar impasse could occur this month involving not just the FAA, but highway and transit programs as well.
The current short-term FAA extension expires on Sept. 16. Highway and transit programs are in a similar situation. The last long-term transportation bill expired in 2009. The programs have continued to operate under seven short-term extensions, but the most recent extension is due to expire on Sept. 30.
The main issue holding up a long-term transportation bill is money. Revenue from the federal gas and diesel taxes that fund the program are declining, but lawmakers have been reluctant to either raise taxes or cut spending.
Mica said he initially planned to introduce a short-term extension bill on Friday that would have cut FAA's budget by 5 percent and rural air service subsidies by 25 percent.
However, when he circulated a draft of the bill, it prodded House and Senate leaders to open discussions that led to the deal to pass a single transportation extension bill next week, he said.

Gov. Perry Announces Emergency Hotel Voucher Program for Victims of Bastrop County Fire

Gov. Perry Announces Emergency Hotel Voucher Program for Victims of Bastrop County Fire

Texas Disaster Relief Fund, TDHCA providing assistance to individuals and families
Friday, September 09, 2011

Gov. Rick Perry today announced that up to $250,000 from the Texas Disaster Relief Fund will be distributed through Combined Community Action Inc. to provide seven-day emergency hotel vouchers for individuals and families whose homes have been destroyed in the Bastrop County fire. Combined Community Action will also administer flexible assistance cards using up to $350,000 from the Texas Department of Housing and Community Affairs to cover essential expenses for these individuals and families.
"Thanks to generous donations to the Texas Disaster Relief Fund, we can provide some basic necessities to Texans whose homes have been destroyed due to these merciless fires in the absence of federal aid," Gov. Perry said. "We continue to be hopeful that President Obama will approve the state's request for an extension of our Major Disaster Declaration, and provide housing and other assistance to help those who have lost so much so quickly in these devastating fires."
Volunteers from Combined Community Action will be at each Bastrop County shelter beginning at 10 a.m. on Saturday to take applications for hotel vouchers from those who are currently living in the shelters. These vouchers will allow those whose homes were destroyed to move from makeshift shelters into motels while the state awaits President Obama's approval of an extension of the state's Major Disaster Declaration.
Gov. Perry spoke to President Barack Obama on Wednesday and U.S. Homeland Security Secretary Janet Napolitano on Tuesday to request an extension of the president's partial Major Disaster Declaration to include fires from the last week. The governor also requested the addition of Individual Assistance to the Major Disaster Declaration for all damages from wildfires beginning on or after the Labor Day weekend, and the deployment of federal resources, including Department of Defense assets, to support ongoing wildfire response and recovery efforts in Texas. In cooperation with Gov. Perry and at his request, Lt. Gov. David Dewhurst today sent a letter to President Obama with supporting information for these requests.
The Texas Disaster Relief Fund is a registered non-profit 501(c)(3) organization, created to compliment, not duplicate, existing relief resources provided by FEMA and other insurance and non-profit organizations. The fund gives Texans the opportunity to donate money that will go directly to Texas communities whose resources have been strained by disasters. Gov. Perry established the Texas Disaster Relief Fund in September 2005 in the aftermath of Hurricane Rita to help individuals and businesses get back on their feet. To donate to the fund, please call 1-866-463-7982.
In the past seven days, Texas Forest Service has responded to 140 fires that have scorched more than 154,300 acres, including new large fires in Red River, Rusk, Camp and Hill counties. More than 1,300 homes and 20 businesses have been destroyed in Bastrop County alone.
Gov. Perry has reissued his disaster proclamation nine times this wildfire season; it was originally issued on Dec. 21, 2010. In addition to the state proclamations in April, the governor sent a letter to President Obama requesting a Major Disaster Declaration, which would have made the state eligible for Direct Federal Assistance and Emergency Protective Measures from the federal government. The Obama Administration denied this request on May 3. Gov. Perry appealed the president's decision on May 26, and received partial approval of relief on July 1. A request to expand the scope of federal relief is still pending in addition to the request made this week.
For more information on preparing for wildfire threats, please visit http://governor.state.tx.us/wildfires.

9 September 2011 Last updated at 21:02 ET

Floods worsen in eastern US after Tropical Storm Lee

Flash flood warnings have been issued from Maryland to southern New England

Continue reading the main story

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The Susquehanna River has reached record levels in Pennsylvania and New York, swollen by torrential rainfall from Tropical Storm Lee.

The president declared a state of emergency in both states, bringing federal aid to affected areas.
The river rose a record 42.6 feet (13m) in Wilkes-Barre, Pennsylvania, on Friday but later receded to 41.4 feet.
Flash flood warnings are still in effect for south-central Pennsylvania and have been issued for Maryland.
Tropical Storm Lee made landfall near New Orleans a week ago. It brought torrential rain to many areas as it swept north-east, killing at least seven people.
The storm prompted hundreds of thousands to leave their homes.
The Wilkes-Barre levee system withstood the cresting Susquhanna river, although much of the damage was concentrated in the surrounding areas.
A bridge partially collapsed, interstate highways were closed and water submerged low-lying homes in the wider area.

In Binghamton, New York, the river broke a record by spilling over retaining walls. Flooding closed a major highway near the city.
Some 20,000 people remain under evacuation orders in Binghamton.
Near Wilkes-Barre more than 75,000 people were told to leave.
Evacuation orders are expected to stay in place until Sunday or Monday.
Ninety miles down the river, crews put sandbags around the governor's mansion in Harrisburg, the capital of Pennsylvania.