A ‘constitutional carry’ gun law would be bad for law enforcement and for Florida | Opinion

“Put it on my desk, I’ll sign it.”

That was Gov. Ron DeSantis’ response in early March about any “constitutional carry” firearms bill that might make its way through the Florida Legislature. It’s a moot issue, though, because the bill died in the Criminal Justice and Public Safety Subcommittee; it was never heard in either legislative chamber.

House Bill 103, Carrying of Firearms Without Licenses — sponsored by Rep. Anthony Sabatini, R-Howey-in-the-Hills — would have stripped away the requirement of a license for a concealed firearm and reduced places where carrying a concealed firearm is prohibited.

As Sabatini explained, “Any legal firearm that a Floridian is able to purchase and have for their own self-defense — so, you know, typical rifles, shotguns, pistols — [they] should be able to carry those firearms without permission from the government.”

Twenty-four states allow “constitutional carry,” which is also known as permit-less carry, unrestricted carry and even Vermont carry (for the first state to allow it.)

But it’s a moot question in Florida now. Or is it?

Florida’s special session

DeSantis has called for a special session starting April 19 to establish congressional voting districts. What’s the connection to HB 103? DeSantis mentioned that in the upcoming special session, he’d like to see “constitutional carry” discussed.

As a recently retired 3 1/2-decade law enforcement professional who rose to the top of his profession, I cannot fathom how any law enforcement officer, regardless of rank, would support this. The U.S. Supreme Court, in the landmark 2008 District of Columbia v. Heller decision, said the Second Amendment protects an individual’s right to keep suitable weapons at home for self-defense, unconnected to militia service.

The Court held that the Second Amendment is an individual right intimately tied to the natural right of self-defense. Requiring a permit to carry a firearm that is concealed and not allowing open-carrying of a firearm do not infringe upon this right.

In Florida, a concealed firearms permit is allowed if the person is at least 21, has demonstrated proficiency with the weapon and has completed a recognized firearms safety training, among other requirements.

A person would be ineligible if they have “an inability to handle a firearm safely.” Let’s look at that one for a minute. What would happen if every Tom, Dick and Harry — regardless of training — could carry around a concealed firearm?

More armed people

If “constitutional carry” became law, it would put a whole lot more armed people on the street, nefarious intent or not. My concern with allowing those weapons to be carried concealed is the lack of even minimal training with safe gun handling. I can also see far more issues of escalating tension and short tempers because people would be able to pull out a concealed firearm when they feel threatened. The current concealed permit has been working, by and large.

The bigger concern for me, personally, is the open carry provision. After 30 years as a cop in South Florida and then head of a police department in North Carolina (which has open-carry), I faced that challenge. There was a constant discomfort. Being called to a scene and not knowing what was taking place, while one or two people had sidearms in holsters, was concerning.

It is also far easier for someone with malicious intent to draw from their holster and shoot a police officer than it would be to reach into their waistband and pull out a firearm. That’s a move that the officer is better equipped to control. Why? Because we are used to it. With open carry, though, the question might become whether every encounter with law enforcement could potentially come down to who could draw their weapon faster.

And for agencies that write reports whenever an officer unholsters their gun at a threat, what will a steep rise in reports indicate? Because no officer arriving at a scene where a person is standing around with a gun in his holster (save for a security guard, crime victim who called the police or a gun shop owner) should keep their service weapon holstered — at least the officer knows what transpired.

With the HB 103 not even making it out of committee, why would the governor want to keep this issue alive? A police officer’s job is hard enough. This is not good for law enforcement. It is not good for Florida.

David Magnusson recently retired from law enforcement after a 36 ½-year career. Most recently, he served as police chief for the Village of El Portal . He was also chief of police in Havelock, North Carolina. He retired from the Miami Police Department as a major in 2014.

Magnusson is a historian who has researched and written about military and presidential history. He remains on the Association of Miami-Dade Police Chiefs COVID-19 and Domestic Violent Extremism committees. He is a member of Miami Herald Editorial Board’s community advisory board.