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Permitless carry passes Florida House, Nebraska Senate could vote on similar measure Monday

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Next week could be a very big week for gun owners and Second Amendment advocates. There’s a very good chance we’ll see one more more favorable rulings coming out of U.S. District Judge Roger Benitez’s southern California courtroom, while Colorado and Michigan lawmakers could send gun control bills to Democratic governors for their signature.

The biggest news of all is likely to come from Florida and Nebraska, which are poised to give final approval for permitless carry bills early next week. On Friday afternoon, the Florida House of Representatives signed off on HB 543 by a vote of 76-32, with several lawmakers absent. The Florida Senate has its own permitless carry bill on the floor, and lawmakers are expected to start moving it towards a final vote as early as Monday.

On Tuesday Nebraska lawmakers are set for another round of debate and votes on LB 77. The permitless carry legislation passed its first reading in early March, but had been absent from the legislative calendar ever since. As of Friday afternoon, however, LB 77 was on the legislative agenda when lawmakers return from their four-day weekend break.

I’d say that Florida’s in a better position to become the 26th permitless carry state at this point, primarily because the GOP’s majorities in Tallahassee are so large Democrats can’t put up a lengthy fight. In Nebraska the Democratic minority has been filibustering virtually every bill introduced in the unicameral legislature, led by Sen. Machaela Cavanaugh. Legislative progress has almost ground to a halt as Cavanaugh and others have delayed votes by offering up numerous amendments and subjecting as many provisions as possible to as long a debate as the rules allow. As the Daily Mail reported a couple of weeks ago:

Clerk of the Legislature Brandon Metzler said a delay like this has happened only a couple of times in the past 10 years.

‘But what is really uncommon is the lack of bills that have advanced,’ Metzler said. ‘Usually, we’re a lot further along the line than we’re seeing now.’

Only 26 bills have advanced from the first of three rounds of debate required to pass a bill in Nebraska. There would normally be two to three times that number by mid-March, Metzler said.

‘I have nothing, nothing but time,’ she declared at one point. ‘And I am going to use all of it.

‘If people think that they are going to wear me down, if yesterday didn’t show you that you cannot wear me down – you cannot wear me down.

‘I literally left the floor yesterday, went up to my office, and laid down on the floor.

‘I laid down on the floor, a hard floor, and took a 20 minute nap before going to committee hearings. You cannot stop me. I will not be stopped.’

Cavanaugh’s stated reason for the filibuster is SB 574, a bill that, as amended, would ban sex-reassignment surgery from being performed in the state on anyone under the age of 19. After weeks of filibustering, the legislation finally received its first vote on Thursday, but Democrats are likely going to keep the slowdown in place throughout the remainder of the session.

That doesn’t mean that constitutional carry is done for this year. Far from it, as a matter of fact. If LB 77 clears second reading next Tuesday, as expected, only one more vote will need to happen before the bill goes to Gov. Jim Pillen for his signature. Ron DeSantis is probably going to get to put pen to paper first, but I think Pillen is still going to get the opportunity to enshrine constitutional carry into law before this year’s session is over.

Florida permitless carry sponsor lashes out at activists: “Maybe we just pull the whole thing”

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The debate over Florida’s permitless carry bill isn’t just taking place inside the statehouse in Tallahassee. Gabrielle Giffords visited the state over the weekend trying to drum up opposition to the legislation, while a few Second Amendent activists apparently showed up at the home of Rep. Chuck Brannan, who’s the chief sponsor of the permitless carry bill in the House.

Many 2A activists in the state have been lobbying to get HB 543 and its Senate companion amended to include open carry; arguing that the current legislation doesn’t go far enough to be called a true Constitutional Carry bill and objecting to the fact that Florida would still be one of just three states that ban the open carrying of firearms altogether. On Saturday Brannan responded to the activists on his doorstep by threatening to pull the bill completely if they don’t get behind the measure.

“Maybe we just pull the whole thing,” Brannan said. “Then y’all can say, ‘Well, we pissed them off and we didn’t get nothing this year.’ How about that?”

Gun rights activist Matt Collins, who has called in committee for open carry legislation, posted the video of Brannan’s argument with an activist on YouTube. Collins said the video was provided to him anonymously. “I do not know who filmed this video or who the activist was,” he said.

Brannan told Florida Politics he was “aggravated” at the activist for showing up at his door with a flyer attacking his position. The flyer including a photo altered to make it look like he was shaking Democratic President Joe Biden‘s hand.

“This is total lies. I have never met Joe Biden,” Brannan said. “I told them I don’t appreciate you Photoshopping a picture and handing it out to me neighbors.”

The flyer has a disclosure revealing it was paid for by the Texas-based Young Americans for Liberty. It calls Brannan’s legislation a “counterfeit carry” bill and urges voters call him and tell him to “stop watering down constitutional carry.” Brannan believes the photograph of him to have been removed from a picture of him shaking hands with a local State Attorney.

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The activist said she and others are “really just trying to protect the freedoms of Americans” and “restore the liberties.”

“Not by lying, you’re not,” Brannan replied. “You hurt the cause. You hurt Republicans. You hurt everybody. You’re not doing anybody any good.”

The activist says she believes Republicans are hurting themselves by not going farther with the bill.

“Vote for Democrats then,” Brannan said. “Who do you want to vote for?”

You can check out at least part of the exchange for yourself in the video below.

I’m not a big fan of targeting the homes of officials for protests, whether it’s abortion activists outside the residences of Supreme Court justices or 2A activists showing up at a state representatives house on a sunny Saturday afternoon, so I can understand Brannan’s exasperation, especially if the flyer that was being distributed really did include a doctored photo of him shaking Joe Biden’s hand. Honestly, it’s pretty ridiculous to imply that Brannan is doing Biden’s bidding by not including open carry in HB 543. It’s not like Biden is in favor of any form of bearing arms in public, so if Brannan was carrying Biden’s water he never would have proposed HB 543 in the first place.

No matter how annoying or inaccurate as these activists may have been, however, Brannan’s childish threat to pull the permitless carry bill was just as inappropriate. It’s entirely valid for gun owners to complain about HB 543 not being as strong as it could be, and I’ve yet to hear any Republican, including Brannan, offer up a substantial explanation for the absence of open carry. Instead, we keep hearing variations on what Brannan told one of the people outside his home over the weekend; “Take the win. There’s always another year [for open carry].”

That’s true enough, but it still doesn’t explain why lawmakers like Brannan are unwilling to do it now. Florida has a Republican supermajority, so Second Amendment activists are right to wonder why so many legislators are willing to keep Florida’s open carry law in line with California and Illinois rather than joining the vast majority of states that allow for open carry either with or without a concealed carry license. HB 543 as written would be a good step forward for Florida, and I’ll be happy to see it signed into law, but that doesn’t change the fact that the bill would be even better if it included an open carry provision.

I doubt Brannan will make good on his threat to pull HB 543 from consideration, especially at this late date, but I also suspect that the bill isn’t going to be modified to include open carry… at least not without Gov. Ron DeSantis applying some real pressure to lawmakers like Brannan. He doesn’t have to show up at Brannan’s doorstep, but it might be time to pick up the phone and give him a call, especially with Brannan daring gun owners to go vote for Democrats if they don’t like what Republicans are doing.

Irresponsible journalism in Florida’s permitless carry debate

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On Monday, a few Miami area residents held a press conference decrying Florida’s permitless carry bill, Senate Bill 150 (SB 150), sponsored by Florida Senator and former Green Beret Jay Collins (R-Tampa).  [Note: House Bill 543 is the Florida House of Representatives version of the legislation.] Despite the protestations in Miami, this legislation is moving rapidly to the Governor’s desk and to become Florida law.

WSVN reporter, Robin Simmons from the Miami area TV station, covered the press conference and filed a report.

In her opening Ms. Simmons characterizes the group holding the press conference as a group of “local leaders”.  Participants in the press conference included, former Congresswoman Debbie Mucarsel-Powell and Retired El Portal Police Chief David Magnusson. While both previously held leadership roles in the community, they are not currently in office. Let’s come back to their comments in a moment.

Ms. Simmons continues her reporting, “House Bill 543 would allow people in Florida who are over 18 years old to carry a concealed loaded gun in most public locations.”  But here Simmons mischaracterizes the legislation, she continues, “it would also allow people to buy guns with no background checks or firearms training.”  This is blatantly false. Firearms purchases are controlled by both federal and state laws that require a background check to be performed before the transfer of any firearm.  Nothing in SB 150 or HB 543 change the process for Floridians to buy or transfer firearms.

Senator Jay Collins, the bill sponsor was quick to call out the irresponsible reporting.

He was joined by colleague, Senator Blaise Ingoglia (R-Spring Hill).

Earlier in the day, I reached out to WSVN via Twitter and directly on their website to alert them to the inaccurate reporting.  I’ve repeated attempts to call this to WSVN’s attention, but they have not responded.  If they update their reporting, we’ll update this article.

For her part Mucarsel-Powell repeated gun control talking points, citing gun control research indicating increases in crime in states where permitless carry has been adopted.  And why wouldn’t she.  She is a senior advisor to gun control group Giffords Courage. As for Mr. Magnusson, he seems to be one of the only law enforcement officials against the bill.  The Florida Sheriff’s Association and the Florida Police Chiefs Association support Florida’s permitless carry legislation.

As importantly as the inaccuracies in the reporting are, the report was completely one sided.  There was no attempt to reach out to supporters of this legislation nor an attempt to fact-check any of the statistics shared during the press conference.  In fact, it would appear that Ms. Simmons just copied and pasted whatever was said during the press conference.  Ms. Mucarsel-Powell rattled off the same disproven statistics about crime in states with permitless carry and Ms. Simmons included them in her reporting–lock, stock and barrel.  No attempt to research the issue, no attempt to seek alternative research, and no attempt to reach out to the bill sponsors or supporters for comment.  Just repeat whatever the gun control activists say.

A simple Google search would have lead Ms. Simmons to a recent report by Rand where they say, “Evidence for the effect of permitless-carry laws on total homicides is inconclusive.”  Rand is no supporter of the Second Amendment, so when they say the data are inconclusive, that should be a sign that the statistics gun control activists cite require some scrutiny.

You might ask, why does this matter?  It matters for several reasons.  First, voters depend on local news for accurate reporting on issues that matter.  Overall, my experience with local journalists has been very positive.  I have been interviewed by countless local reporters and consider most of their work devoid of personal or political bias.  Sure, the local news likes to sensationalize stories. And as much as journalists and newsrooms might protest, the term “if it bleeds, it ledes” is an axiom for a reason.  There is a financial motivation to push stories that generate and feed fear and thus generate views.  Second, distrust of the media, politicians and the political process are at levels that haven’t been seen in decades. Coming off of the misinformation circus during the pandemic, Americans need sources they can trust, not mouthpieces for propagandists.  The press play a vital role, but the level of public trust is a direct result of their adherence to journalistic ethics.  Fair, balanced and accurate reporting are vital to rebuilding trust and to a functioning constitutional republic.  It’s undoubtedly why the first two amendments to the Constitution protect free speech and the right to keep and bear arms.

Florida police chiefs association announces support for permitless carry bill

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The prospects of Florida becoming the 26th state to allow legal gun owners to carry a concealed firearm without a government-issued permission slip are already pretty darn good, but the measure has gotten a big boost and a thumbs up from the state’s Police Chiefs Association, which has now come out in support of the idea.

The Florida Sheriffs Association has already endorsed the proposal, but it’s interesting to see the police chiefs sign on as well given that they’re typically not elected officials but serve at the whims of city government. Often times that ends up translating into support for new gun control measures, or at the very least remaining silent rather than weigh in on a particular proposal, but the FPCA isn’t shying away from backing the plan despite widespread opposition from elected Democrats in the state.

“Responsible gun ownership doesn’t begin with the issuance of a government permit,” Fellsmere Police Chief Keith Touchberry, president of the police chiefs association, said in a prepared statement. “It begins with training in how to safely handle, carry, use and store a weapon, and it continues with maintaining those competencies while complying with all applicable local, state and federal laws and regulations. Ultimately, gun safety means that a lawful gun owner who meets the statutory requirements for a concealed weapons permit, whether obtaining one or not, can protect themselves while not compromising the safety of their family, the community, or law enforcement.”

Yes, becoming knowledgable and competent with your firearm is incredibly important, but as the chief says, it shouldn’t be up to the state to give out permission slips in order for someone to exercise a fundamental right.

Both major law enforcement associations in the state of Florida coming out in support of the permitless carry legislation helps to obliterate the objections from gun control groups that the measure will make the state a more dangerous place. Yes, there are still a few sheriffs and police chiefs who remain vocally opposed to the legislation, but the vast majority of their colleagues are behind the move to allow legal gun owners to bear arms in self-defense without being pre-approved by the State beforehand.

The House version of the permitless carry bill has already cleared one committee, and the Senate version is scheduled to be heard in the Criminal Justice Committee next week. There are some differences between the two bills, with the Senate legislation also including several measures meant to increase school safety like improving threat sharing between schools and requiring law enforcement agencies to have active shooter response policies that include annual training.

In its statement of support for permitless carry, the Florida Police Chiefs Association didn’t point to one particular piece of legislation, instead saying that the group “supports permitless constitutional carry and looks forward to working with Gov. Ron DeSantis and the Florida legislature on this important issue.” We’ll see what kinds of compromises are found between the competing versions, but both HB 543 and SB 150 contain the same general language when it comes to permitless carry, so I doubt that there will be any substantive changes when it comes to the main objective of the legislation… though many Second Amendment activists are still pushing to amend the bill to include open carry as well. So far House Republicans have resisted the idea, but I expect that the topic will be repeatedly raised by gun owners testifying about SB 150 when it gets its first hearing next week.