Halfway through Wednesday’s Armed American Radio’s Daily Defense, with host Mark Walters and school safety advocate Ryan Petty, discussion turned to my recent AmmoLand article, “Staged Video Gets It Right About Many Cops and Ignorance on Open Carry.” That article highlighted how street officers have many times not been cognizant of the law and how their lack of awareness can put legally armed citizens at risk, including being intimidated and in danger of being shot for exercising their rights.
That was the case when “Six men who openly carried guns on their hips as they walked onto a Miami Beach pier with fishing equipment” were “assaulted” by police, even though Florida Statutes allow a person hunting, camping or fishing to openly carry a gun.
This is the level of legal acumen a lawful open carrier can expect when exercising his Constitutionally recognized rights. Note how the cop at @ 10:02 in the video below declares, “I’m a firm believer in the First Amendment [sic].”
And his recommendation a few seconds later “to put a jacket over it” — to someone who told him he does not have a concealed carry permit — would seem to open up a whole ‘nother legal pitfall:
Why open carry — which would certainly meet the Supreme Court’s Bruen standard of text, history, and tradition at the time of the Constitution’s ratification — isn’t recognized in “The Gunshine State,” reflects shamefully on Republican legislative “leadership.” While Gov. Ron DeSantis has come out in favor of signing such a bill, Senate President and resident Vichycon Ben Albritton sides with “Only Ones” over citizens, saying “I trust my law enforcement officials. They oppose it … and I stand with them today in opposition.”
Until such time as Florida gun owners get serious about booting this guy, probably not likely because he wins by wide margins, DeSantis’s hands are tied and the danger of “law abiding” open carriers being rousted by cops prepared to escalate things to deadly force if not immediately obeyed will remain.
There is something that is in DeSantis’ power to do that can mitigate that danger without having to rely on oath-breaking Republican power players, the same thing I recommended to three reluctant successive Ohio attorneys general to do. Here’s what I asked:
How hard could it be for the state’s top law enforcement officer … to write a memorandum recognizing the legality of peaceable open carry, and then send it to every police and sheriff’s department in the state, as well as to the Highway Patrol? One would assume flow-down communications explaining your interpretations and positions on law enforcement issues are already established and routine.
And how hard would it be for the individual LE departments to transmit this information to their sworn personnel? If you’re already requiring employees to sign acknowledgments such as they understand sexual harassment rules, etc., and are placing such proof of training documents in their personnel files, how much more effort would be required to have each officer sign and date a simple acknowledgment that he or she understands that open carry is lawful?”
Florida Attorney General James Uthmeier has already shown a willingness to buck infringements when he refused to defend a law (supported by former Florida AG Pam Bondi) stopping citizens under 21 from legally buying a long gun.
It’s an easy ask, Florida gun rights advocates, and an easy thing to do, and would put the expectation on rights deniers to learn the law they swore an oath to uphold. Why not come up with a letter of your own, send it to the governor, publicize that you sent it, and get your lobbyists to seek a commitment when next they get face time with the man?
And if they’re already doing something like this? It isn’t taking. Tell leadership it’s on them to make sure it does.
The life you save may be one of your members.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
