Lazaro Aleman
ECB Publishing, Inc.
As happens every year, legislators have already begun filing bills for the coming legislative session, even though it’s not set to begin until March 4, 2025.
One of the early measures that is gaining attention is House Bill 31, filed by Republican Representative Joel Rudman, one of 16 candidates running in a special election for the Congressional seat formerly occupied by Matt Gaetz.
Rudman’s proposed bill would not only allow Floridians legally to carry guns openly, but it would also do away with the state’s “red flag” law, which
allows law enforcement to confiscate weapons as well prevent the purchase of guns by individuals deemed to be a threat to society.
The red flag law, which was implemented following the 2018 mass shooting at Marjory Stoneman Douglas High School, establishes when and under what circumstances law enforcement personnel may intervene and remove a weapon from someone who is considered dangerous or unstable.
Open carry means that individuals can openly display legally-owned weapons in plain sight, a practice that under current law is a second-degree misdemeanor, punishable by up to a $500 fine and 60 days in jail.
If passed, the bill would go into effect upon signature by the governor, allowing Floridians to carry weapons openly or partially concealed in a holster in public.
It would further allow individuals to carry legally-owned guns openly in courthouse parking lots, polling places, school and college events, professional athletic events, career centers and college or university facilities.
The exceptions, where open carry would not be allowed, would be in courtrooms or in meetings of the Florida Legislature, although judges and legislators would be allowed to carry concealed weapons on their persons at these places.
The bill would likewise amend the bump stock ban, thereby allowing for the conversion of firearms so as to allow the rate of fire to be increased to faster than a person can shoot unassisted, but not so fast as an automatic weapon.
And it would remove the license fees for carrying a concealed weapon and any background investigation fees.
Under the bill, a license would not be required to carry a weapon legally in Florida, although valid identification would still be necessary in the event that a law enforcement officer asks to see it at any time. Failure to provide identification can result in a $25 fine.
So far in Florida, machine guns and fully automatic weapons remain prohibited, as are short-barreled rifles and destructive devices such as bombs, grenades and similar devices that contain an explosive, incendiary or poison gas.