DeSantis expects Florida lawmakers to pass 'constitutional carry' gun law in 2023

State and national practical & political discussions on legal open, concealed and vehicle carry.
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FfNJGTFO
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Post by FfNJGTFO »

Richard2003 wrote: Tue Apr 04, 2023 8:49 am So since I have my Concealed Permit it still means I do not have the 3 day wait?
That's correct. If you have a CWFL, you do not need to wait 3 days for an FFL delivery.

I also have a CWFL, and I intend to keep mine renewed, not just for the FFL delivery but also for reciprocity.

Perhaps. if Const. Carry goes "national" (good luck with that), I might go that way, but until then....
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Post by Deputydave »

July 1st came and went. I must have missed all the carnage in the streets the left was fear-mongering over.... :lol:
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Deputydave wrote: Mon Jul 24, 2023 1:12 pm July 1st came and went. I must have missed all the carnage in the streets the left was fear-mongering over.... :lol:
I'll be honest. I think Gov. DeSantis took a "calculated risk" and got this particular piece of legislation through, knowing it wouldn't be as "risky" to him as some of the other pieces of legislation he could push through. "Less risky," as it's more likely that pro 2A owners will keep their CWFLs for the advantages they offer ( Reciprocity in other states as well as immediate FFL delivery and not having to wait 3 days). And, since it didn't provide for stronger "Open Carry..." Low hanging fruit for him.

If he really wanted to help pro-2A people here in FL, he could do the 4 things on my "Fab 4" list, Starting with #1 as the "most important:"
  • 1) Repeal/eliminate "Red Flag Laws." Unconstitutional as presently written
    2) Make illegal/Felonize "Civil Asset Forfeiture." Also unconstitutional
    3) Clarify the definition of "improper display" of concealed weapons so to eliminate any LE discretion as to what is and isn't.
    4) For a 2A compact with likeminded, nearby states to combat federal rules/regs against 2A
I believe DeSantis has stated he might take a shot at #1) above, before he leaves office, but we'll see.
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Post by Deputydave »

FfNJGTFO wrote: Mon Jul 24, 2023 6:02 pm
Deputydave wrote: Mon Jul 24, 2023 1:12 pm July 1st came and went. I must have missed all the carnage in the streets the left was fear-mongering over.... :lol:
I'll be honest. I think Gov. DeSantis took a "calculated risk" and got this particular piece of legislation through, knowing it wouldn't be as "risky" to him as some of the other pieces of legislation he could push through. "Less risky," as it's more likely that pro 2A owners will keep their CWFLs for the advantages they offer ( Reciprocity in other states as well as immediate FFL delivery and not having to wait 3 days). And, since it didn't provide for stronger "Open Carry..." Low hanging fruit for him.

If he really wanted to help pro-2A people here in FL, he could do the 4 things on my "Fab 4" list, Starting with #1 as the "most important:"
  • 1) Repeal/eliminate "Red Flag Laws." Unconstitutional as presently written
    2) Make illegal/Felonize "Civil Asset Forfeiture." Also unconstitutional
    3) Clarify the definition of "improper display" of concealed weapons so to eliminate any LE discretion as to what is and isn't.
    4) For a 2A compact with likeminded, nearby states to combat federal rules/regs against 2A
I believe DeSantis has stated he might take a shot at #1) above, before he leaves office, but we'll see.
I like your list. Hopefully the Permitless Carry will pave the way.
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Post by Miami_JBT »

FfNJGTFO wrote: Mon Jul 24, 2023 6:02 pm
Deputydave wrote: Mon Jul 24, 2023 1:12 pm July 1st came and went. I must have missed all the carnage in the streets the left was fear-mongering over.... :lol:
I'll be honest. I think Gov. DeSantis took a "calculated risk" and got this particular piece of legislation through, knowing it wouldn't be as "risky" to him as some of the other pieces of legislation he could push through. "Less risky," as it's more likely that pro 2A owners will keep their CWFLs for the advantages they offer ( Reciprocity in other states as well as immediate FFL delivery and not having to wait 3 days). And, since it didn't provide for stronger "Open Carry..." Low hanging fruit for him.

If he really wanted to help pro-2A people here in FL, he could do the 4 things on my "Fab 4" list, Starting with #1 as the "most important:"
  • 1) Repeal/eliminate "Red Flag Laws." Unconstitutional as presently written
    2) Make illegal/Felonize "Civil Asset Forfeiture." Also unconstitutional
    3) Clarify the definition of "improper display" of concealed weapons so to eliminate any LE discretion as to what is and isn't.
    4) For a 2A compact with likeminded, nearby states to combat federal rules/regs against 2A
I believe DeSantis has stated he might take a shot at #1) above, before he leaves office, but we'll see.
The Governor doesn't make legislation, that is the legislature and that is under control of Senate President Kathleen Passidomo and House Speaker Paul Renner.

Passidomo flat out said other than permitless concealed-only carry, she would not allow anything else to pass.

DeSantis has an uphill fight with the legislature and in the end, they have him by the balls. Red Flag, etc... won't be repealed by the very lawmakers who voted it into law. Especially with them running the show.
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Post by FfNJGTFO »

Miami_JBT wrote: Tue Nov 28, 2023 7:37 pm
FfNJGTFO wrote: Mon Jul 24, 2023 6:02 pm
Deputydave wrote: Mon Jul 24, 2023 1:12 pm July 1st came and went. I must have missed all the carnage in the streets the left was fear-mongering over.... :lol:
I'll be honest. I think Gov. DeSantis took a "calculated risk" and got this particular piece of legislation through, knowing it wouldn't be as "risky" to him as some of the other pieces of legislation he could push through. "Less risky," as it's more likely that pro 2A owners will keep their CWFLs for the advantages they offer ( Reciprocity in other states as well as immediate FFL delivery and not having to wait 3 days). And, since it didn't provide for stronger "Open Carry..." Low hanging fruit for him.

If he really wanted to help pro-2A people here in FL, he could do the 4 things on my "Fab 4" list, Starting with #1 as the "most important:"
  • 1) Repeal/eliminate "Red Flag Laws." Unconstitutional as presently written
    2) Make illegal/Felonize "Civil Asset Forfeiture." Also unconstitutional
    3) Clarify the definition of "improper display" of concealed weapons so to eliminate any LE discretion as to what is and isn't.
    4) For a 2A compact with likeminded, nearby states to combat federal rules/regs against 2A
I believe DeSantis has stated he might take a shot at #1) above, before he leaves office, but we'll see.
The Governor doesn't make legislation, that is the legislature and that is under control of Senate President Kathleen Passidomo and House Speaker Paul Renner.
Yes, I'm aware of that. What I'm saying is that the Gov. can "negotiate" with the legislative leaders to set the agenda. He can tell them, "You bring this to my desk, and I'll sign it... as well as some other little goodies you might like." I believe this is what happened with permitless carry. It was a low hanging fruit. It was something I think the Gov. felt he could push through the legislature without much effort. I don't think he'll have as easy a time with OC. Still, for those who want it. I hope he tries. But I also hope he takes care of my list above first.
Miami_JBT wrote: Tue Nov 28, 2023 7:37 pmPassidomo flat out said other than permitless concealed-only carry, she would not allow anything else to pass.

DeSantis has an uphill fight with the legislature and in the end, they have him by the balls. Red Flag, etc... won't be repealed by the very lawmakers who voted it into law. Especially with them running the show.
Then we need to start "Primarying" their a$$es, pronto, until we get a legislature installed that will do what we want, not what they want.

Still, there is something I think they can do, even if they don't repeal Red Flag. They can permit "3rd party" temporary storage of the "affected" inventory while the ERPO is resolved. For example, they can change any state laws that prohibit storage of frearms/ammo in those "Metro Storage" type facilities and let the respondent to an ERPO put them there, rather than going into LE custody. The owner/respondent puts his/her lock on the storage locker. The ERPO Authority also puts their lock on the storage locker. Therefore, neither can get to the inventory while the ERPO is being resolved. At the end of the full adjudication, the party that doesn't prevail has to remove their lock first.

Pennsylvania already has such a storage facility called "Gunsitters.com" They're in the business of storing firearms/ammo for people who need that service (mostly Military people who are going on deployment for a time and who don't want the inventory in the house while gone). We need facilities like Gunsitters here in FL, if we can't get the "Metro Storage" like storage people to do that.

Again, the key problem with ERPOs is not being subject to one. It's who gets custody of your inventory while the ERPO plays out. And, in most cases, that's LE. And that's the problem. Some LEAs have an underlying agenda at play. And they use ERPOs to facilitate that underlying agenda. That agenda being, "Get weapons off the streets." And, once off he streets, why allow them back on the streets? Unacceptable! A violation of the 5th and 14th amendments to the US Constitution (specifically, the "Due Process" clasuses). I'm truly sorry, but an Ex-Parte hearing where the defense isn't allowed to be present and know it's going on before the seizure occurs, is not "due process." It's just not.
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Post by Miami_JBT »

FfNJGTFO wrote: Wed Nov 29, 2023 12:31 pm
Miami_JBT wrote: Tue Nov 28, 2023 7:37 pm
FfNJGTFO wrote: Mon Jul 24, 2023 6:02 pm

I'll be honest. I think Gov. DeSantis took a "calculated risk" and got this particular piece of legislation through, knowing it wouldn't be as "risky" to him as some of the other pieces of legislation he could push through. "Less risky," as it's more likely that pro 2A owners will keep their CWFLs for the advantages they offer ( Reciprocity in other states as well as immediate FFL delivery and not having to wait 3 days). And, since it didn't provide for stronger "Open Carry..." Low hanging fruit for him.

If he really wanted to help pro-2A people here in FL, he could do the 4 things on my "Fab 4" list, Starting with #1 as the "most important:"
  • 1) Repeal/eliminate "Red Flag Laws." Unconstitutional as presently written
    2) Make illegal/Felonize "Civil Asset Forfeiture." Also unconstitutional
    3) Clarify the definition of "improper display" of concealed weapons so to eliminate any LE discretion as to what is and isn't.
    4) For a 2A compact with likeminded, nearby states to combat federal rules/regs against 2A
I believe DeSantis has stated he might take a shot at #1) above, before he leaves office, but we'll see.
The Governor doesn't make legislation, that is the legislature and that is under control of Senate President Kathleen Passidomo and House Speaker Paul Renner.
Yes, I'm aware of that. What I'm saying is that the Gov. can "negotiate" with the legislative leaders to set the agenda. He can tell them, "You bring this to my desk, and I'll sign it... as well as some other little goodies you might like." I believe this is what happened with permitless carry. It was a low hanging fruit. It was something I think the Gov. felt he could push through the legislature without much effort. I don't think he'll have as easy a time with OC. Still, for those who want it. I hope he tries. But I also hope he takes care of my list above first.
Miami_JBT wrote: Tue Nov 28, 2023 7:37 pmPassidomo flat out said other than permitless concealed-only carry, she would not allow anything else to pass.

DeSantis has an uphill fight with the legislature and in the end, they have him by the balls. Red Flag, etc... won't be repealed by the very lawmakers who voted it into law. Especially with them running the show.
Then we need to start "Primarying" their a$$es, pronto, until we get a legislature installed that will do what we want, not what they want.

Still, there is something I think they can do, even if they don't repeal Red Flag. They can permit "3rd party" temporary storage of the "affected" inventory while the ERPO is resolved. For example, they can change any state laws that prohibit storage of frearms/ammo in those "Metro Storage" type facilities and let the respondent to an ERPO put them there, rather than going into LE custody. The owner/respondent puts his/her lock on the storage locker. The ERPO Authority also puts their lock on the storage locker. Therefore, neither can get to the inventory while the ERPO is being resolved. At the end of the full adjudication, the party that doesn't prevail has to remove their lock first.

Pennsylvania already has such a storage facility called "Gunsitters.com" They're in the business of storing firearms/ammo for people who need that service (mostly Military people who are going on deployment for a time and who don't want the inventory in the house while gone). We need facilities like Gunsitters here in FL, if we can't get the "Metro Storage" like storage people to do that.
The legislature holds all the cards. DeSantis in his first term, wielded the veto pen and threatened a number of lawmakers' pet pork-barrel projects for the first two years. That all came to an end in 2020. At that moment, everyone in Tallahassee knew DeSantis was going to run for the White House in 2024. Suddenly, the legislature held all the cards. They controlled what bills reached his desk and those bills determined if he would look strong or not for 2024.

That's why there was the "Disney Reedy Creek Bill", the "Don't Say Gay Bill", "Permitless Concealed-Only Carry", and the bill that repealed the requirement to resign office when running for another office. Those were all agreements between DeSantis and the legislature for him build up something for 2024.

There was back and forth between DeSantis and the legislature. Passidomo threatened that any and all pro-gun bills will not reach his desk unless he signs off on her pet project, low-income housing. Word is Renner wanted a federal appointment to some ambassadorial office in Europe. In the end, they held the power and DeSantis had none, because if the bill didn't pass, he'd look weak.

There's a reason why permitless carry was written the way it was written. DeSantis wanted a pro-gun bill and he needed it for 2024. But Passidomo wanted none of it. Furthermore, she wanted more bullshit related to Parkland passed. Gun sniffing dogs, etc.... the House version originally introduced by Rep. Brannan was purely a permitless-concealed only carry bill. That was the bill that Renner publicly called "constitutional carry" last January at the press conference when he announced the bill. I was at the press conference and directly asked if open carry would be included and was told no. Renner would only allow a concealed-only bill to advance since the tourism industry was deep in his pocket. He's against open carry.

Passidomo told Renner that unless the House's version included all the stuff she wanted, it was dead. The Senate bill as introduced from the get go was a quagmire of Parkland related funding for gun sniffing dogs, etc.... Renner's wants are tied to DeSantis' campaign. So he bent knee. Passidomo has no higher ambitions and wants her low-income housing bill passed and Parkland bull passed. So the House outright replaced the House version of the bill with the Senate version. That's what passed.

As for primarying the leadership. Do you even know how they're selected? They can't be primaried since they're term limited.

Every legislative class (the year you're elected) selected their eventual House Speaker and Senate President. So, in 2024, all the new members who will be elected into office, select from amongst themselves who will be the House Speaker and Senate President then and there. They don't assume the speakership or presidentship until their final term in office.

Everything you want for the repeal or modification of RFOs will not happen until the entire legislature is changed due to term limits. No lawmaker is going to vote for a repeal of RFOs since they voted in favor of it in the first place. That's a lawmaker admitting that they were wrong and they will never do that.

But we have two problems with that. One, the term-limit clock resets during redistricting. So those lawmakers can stay in office longer. And two, 1/4 of the entire legislature runs unopposed for office. The RPOF will not fund, support, or allow any primary challenger against an incumbent to move forward. They will do everything in their power to keep an incumbent in office.

When 1/4 of the entire legislature runs unopposed, it shows the true power the RPOF has. We're a one-party state, we're just the Republican version of California.

As such, the only way to make change it to make the lawmakers' lives a living hell. Public pressure is the only way forward and that's what I'm doing.
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Post by tector »

DeSantis running for president is largely irrelevant. The fact is he is a lame duck in Florida--that's a bigger drag on his influence, and it's a down side of term limits. In fact if he became President he'd have MORE influence over state legislators. They might have hopes for themselves, or their idiot family members, of the many federal appointments a President can deliver (far, far, FAR more than a FL governor can provide).
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Post by FfNJGTFO »

Miami_JBT wrote: Wed Nov 29, 2023 12:59 pm Everything you want for the repeal or modification of RFOs will not happen until the entire legislature is changed due to term limits. No lawmaker is going to vote for a repeal of RFOs since they voted in favor of it in the first place. That's a lawmaker admitting that they were wrong and they will never do that.

As such, the only way to make change is to make the lawmakers' lives a living hell. Public pressure is the only way forward and that's what I'm doing.
Or, in the case of ERPOs, put a couple of good court cases together and take it all the way to SCOTUS. Perhaps, with Civil Asset Forfeiture as well. I don't think the legislature will "evolve," as you describe, in the remainder of our lifetimes. Not unless we do a Jedi Mind trick on all the legislators or whatever.

At least, with ERPOs, we can do the 3rd party storage thing I mentioned above.
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Post by Miami_JBT »

tector wrote: Wed Nov 29, 2023 1:22 pm DeSantis running for president is largely irrelevant. The fact is he is a lame duck in Florida--that's a bigger drag on his influence, and it's a down side of term limits. In fact if he became President he'd have MORE influence over state legislators. They might have hopes for themselves, or their idiot family members, of the many federal appointments a President can deliver (far, far, FAR more than a FL governor can provide).
DeSantis is a lame duck now for a couple of reasons.

1. The Democrats after the end of the Civil War did not want a strong governor. They wanted a strong legislature. Even after a century has passed, it is still that way even after Republicans took power in 2000.
2. The majority of the RPOF nor the legislature is not a "Freedom Caucus" type of body. The majority of the membership are former Southern Blue Dog Democrats and Northeastern Country Club Republicans.
3. DeSantis' presidential campaign collapsed and thus, those in the legislature with further political aspirations who originally supported him because they wanted higher office. Have abandoned him because they get nothing out of it now. It is purely a quid pro quo relationship.
4. Prior to his presidential aspirations, DeSantis wielded more veto power with force in the legislature. But that only went so far too even if he'd never run for president. He never tackled gun rights for the majority of his first term because the RPOF and its money doesn't care about gun rights.
5. The RPOF treated gun rights as a piece of trash. You had the party under the leadership of Sen. Joe Gruters and the 2A Committee was chaired by a retired NJ State Trooper who truly believed FL needed more gun control.

The end result is FL is a one-party state and the RPOF has no fear of losing power. As such, they're not worried about being held accountable. There is no threat of Democrats gaining power in FL on the state level. As such, Republicans don't have to actually do anything to win over voters.

Their entire strategy is "what are you going to do, vote Democrat?" And they're right. After 2018 and the passage of the Parkland Gun Control, Republicans GAINED MORE SEATS IN OFFICE and had the backing of the Republican President.
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