It’s a Sunday afternoon; you are at your neighborhood public park with your family; kids are running around, having fun, laughing, and enjoying their play dates. Moments later, a violent man arrives looking for trouble. This man aggressively approaches a 5-year-old boy. That is when his babysitter, a 21-year-old girl, acts in self-defense of the little boy. The situation escalates, and the babysitter takes out her legally owned firearm and shoots. The girl misses the intended target, and the bullet strikes a nearby child. She acted in a lawful defense; still, the accident was prone to happen; she had never fired a firearm. She lives in a state where one can carry a firearm publicly without obtaining prior training or a license. This scenario is just one example of the ramifications of allowing the permitless carrying of firearms.
On April 29, 2022, Governor Ron DeSantis promised Floridians that he would push for the ‘constitutional carry’ bill, which allows for the permitless carry of firearms.[i] The proposed legislation removes the need to have a license. The bill states a person who legally owns a firearm may carry it in public, visibly or concealed, with or without a permit, training, registration, or government licensing. As described in Florida Statute §876.11, a public place includes “all walks, alleys, streets, . . . or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and buildings owned, leased by, operated, or maintained by public authority.”[ii] Moreover, Fla. Stat. §705.101(5) defines “public property as the lands and improvements owned by the Federal Government, the state, the county, or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property.”[iii] Subject to a few exceptions listed in Fla. Stat. §790.06(12), such as schools, courtrooms, jails, and airports, allowing individuals to carry firearms without licensing or training puts society at a higher risk.[iv] The primary issue does not arise from allowing concealed firearm carry, but rather from allowing permitless carry.
Florida’s current legislation requires firearm owners to have a concealed weapons permit to carry weapons in most public places. To get this permit, firearm owners must take a certified course—teaching them how to fire and handle a loaded weapon safely. Upon completing the course, applicants are required to submit proof of competency in handling a firearm.[v] Additionally, amongst other requirements outlined in the permit application instructions, Florida demands applicants to undergo a background check and have their fingerprints taken. These procedures create an additional level of protection for the benefit of public safety. Federal law requires gun stores or licensed dealers to conduct background checks before selling a firearm. Alternatively, gun sales can also be marketed by private sellers, which may not require background checks. Therefore, because not all guns are sold through the public market, eliminating the requisite of a permit will only eliminate the safeguards offered by conducting background checks and increase inexperienced gun owners.
There is a strong reason why permitless carry should be legally permitted or even encouraged. The bill seeks to expand the scope of the Second Amendment. As our Constitution supports, all eligible citizens have the right to own firearms. However, owners should be trained in safe handling if they wish to carry their arms in public. It is merely logical. Training and licensing to carry a firearm is the minimum one can ask for to encourage safe and responsible firearm carry.
It is often said that driving a car is like handling a loaded weapon. Cars are as beneficial as they can be detrimental. To regulate drivers and ensure they are competent, States require a driver’s license to operate a car. Without it, you have no right to operate a vehicle on public roadways. To get a driver’s license, Florida requires first-time applicants to take a 40-question test. Assuming the applicant passes, the applicant must conduct an in-person driving test, coupled with a series of in-person questions. The need to prove capability in driving a car is the minimum States can do to promote communal safety. This same logical reasoning applied to driver’s license acquisitions should be applied to public firearm carry.
This proposed legislation is not sound, and while other states have adopted it, Florida should not enact a law that is detrimental to society. Florida’s current legislation requiring training and licensing to carry a firearm should remain as it is an essential regulation for public firearm carry. Permitless, visible firearm carry will jeopardize the right to feel safe in one’s community.
[i] Kirby Wilson, DeSantis promises Florida permitless carry gun law before he leaves governor’s office, Tampa Bay Times (Apr. 29, 2022), https://www.tampabay.com/news/florida-politics/2022/04/29/desantis-says-constitutional-carry-is-coming-to-florida/ (stating that Governor Ron DeSantis promised Floridians he would push for a permitless carry bill).
[ii] Fla. Stat. § 876.11 (2022) (defining a public place).
[iii] Fla. Stat. § 705.101(5) (2022) (defining public property as it relates to Florida).
[iv] Fla. Stat. § 790.06(12)(a) (2022) (outlining prohibited areas where persons are unauthorized to openly carry a handgun or carry a concealed weapon or firearm).
[v] See Florida Concealed Weapon or Firearm License Application Instructions, Fla. Dep’t of Agric. and Consumer Serv. (June 2017), https://www.fdacs.gov/content/download/26365/file/ConcealedWeaponLicenseApplicationInstructions.pdf (stating Florida’s application instructions, specifically the need for proof of competency for handling a firearm, when applying to get a concealed weapon or firearm license).
