Florida’s “Constitutional Carry” Law –
Know what’s Involved
By Rick Banke
Owner/Range Master, Blue Skies Firearms Academy, LLC, O’Brien
On July 1st, the new Florida “Constitutional Carry” law will take effect. It was signed by Governor DeSantis on April 3, 2023. This law grants individuals the right to bear arms in accordance with the Second Amendment of the United States Constitution. Unfortunately, confusion over the new law abounds, much of it generated intentionally to support opponents’ narratives. What does the new law actually mean, and how does it affect those who wish to invoke their Second Amendment rights?
Not surprisingly, rhetoric like the following is meant to shame law-abiding gun owners, scare future gun owners, and prop up the uneducated like this:
“It is shameful that so soon after another tragic school shooting, Florida Gov. Ron DeSantis signed into law a permitless concealed carry bill behind closed doors, this is the opposite of common-sense gun safety.”- White House Press Secretary Karine Jean-Pierre (ABC News / AP News)
“Guns are killing our children and tearing apart families. It’s not books, it’s not drag queens, it’s not even ‘wokeness,’ it’s guns! Even with the loss of these precious lives, the FL legislature is STILL pressing forward with its permitless carry bill. It’s a damn shame.” Democratic state Sen. Shevrin Jones, in a tweet (CNN Politics).
What does “Constitutional Carry” actually mean?
It authorizes a state resident who can legally purchase a firearm to carry a weapon or firearm in a concealed fashion, ONLY in the State of Florida without obtaining a permit/license through Florida Department of Agriculture & Consumer Services.
Under the new law, no background check or training is required for a legal gun owner to carry a concealed weapon; however, a background check and waiting period are still required to purchase firearms.
Importantly, the law does not allow “open carry,” meaning, you as a gun owner MAY NOT carry your firearm/weapon for everyone to see. It must be concealed either under a shirt, jacket, sport coat or in a purse or backpack. Another common misconception is that this law replaces the existing Concealed Carry License/Permit. This is not true. Those who possess a Florida Concealed Carry License/Permit may carry their concealed weapon in 36 other States with whom Florida has reciprocity.
One concern is that this new law contains no requirements to ensure that those who carry handguns are knowledgeable or competent enough to do so safely. As a certified firearms instructor and range owner, I can tell you that existing concealed carry standards have always been extremely minimal and insufficient. As a result, there have been instructors who would take advantage of people who didn’t know any better. Many gun owners paid for a course and received their Concealed Carry Permits without proper training. A large portion of my business comes from people like this who don’t carry their weapon today because they didn’t learn how to handle it safely and with confidence the first time around.
I have carried a weapon for the last 38 years of my career, and while I am a staunch Second Amendment advocate, I know that being armed comes with immense responsibility. Just because our state government will no longer mandate training, responsible citizens should, and I believe will, be compelled to achieve and maintain proficiency at handling firearms. Training, education, and practice are the keys, regardless of legislation. When arming yourself with a weapon it is equally important to arm yourself with proper knowledge and the proper attitude.
Rick Banke is a retired U.S Federal Air Marshal of 20 years, former municipal law enforcement officer and U.S Army Veteran. He is a certified pistol, rifle, and shotgun instructor. He is the owner & range master of Blue Skies Firearms Academy, LLC in O’Brien FL.
The above article is the opinion of the author and must not be construed as legal advice.
