By Dave Workman
The Sunshine State is slowly, steadily moving through a “learning curve” concerning open carry following a ruling by a three-judge panel of the Florida Court of Appeals last month which struck down the state ban on open carry.
The Tallahassee Democrat has just published a report which explains where one can, and cannot, ,open carry, and in the opening paragraphs, the newspaper—perhaps unintentionally—exposes how some people are reacting. The newspaper quotes a Tallahassee resident who declared, “I just don’t want to get caught in the crossfire over the last jar of peanut butter,” in reaction to the announcement by Publix Supermarkets that the chain will allow open carry in their stores. It’s a response which typifies the squeamish attitude some people have about legally-armed citizens, especially if they openly carry.
Noting there are currently about 2.6 million active Florida concealed carry licenses, the newspaper acknowledged the court ruling “opens a new front in Florida’s debate over guns.”
But the story seemed to focus on the discomfort some Floridians are feeling about seeing fellow citizens openly carrying sidearms.
“While Second Amendment advocates celebrated the decision,” the newspaper noted, “some residents said it infringes on their right not to be among armed individuals when they sit down to eat, attend a play, or go searching for buy-one-get-one-free specials in crowded grocery store aisles.”
A quick check of the Constitution doesn’t reveal any such specific right. The current flap apparently is a visual thing; nobody paid attention when Floridians carried concealed, because nobody could see the gun. Today, that’s different.
The Florida Times-Union reports how “Publix recently made headlines with an announcement that it will allow open carry in its stores.” It is not a unanimous move by retailers, especially grocers.
Still, as reported by the Palm Beach Post, Gov. Ron DeSantis has “downplayed Publix’s decision” on open carry.
What do gun owners—specifically those connected to the group Florida Carry—say? When asked for their thoughts, reactions were mixed but overall supportive of the newly-restored freedom to carry openly.
One man observed, “I think it’s novelty. Sure to attract attention, but only for a short time. I don’t think it’s something that will continue to raise hairs. Seems as if most prefer concealed anyway.”
Another commented, “The shine will eventually wear off and it’ll be no big deal just like it is in every other state with open carry.”
And a third respondent stated, “Open carry is a constitutional right. If one is prepared to take the extra time to either cover the firearm, place the firearm back in a vehicle, or be asked not to come back at all based on the wishes of a private property owner… then it becomes feasible…If you don’t have that kind of time or other options to give your business to, then you should probably conceal and conceal well.”
While Publix is making headlines for allowing open carry in their chain of hundreds of stores, the Tallahassee Democrat offered a lengthy list of other stores. Some say it’s okay, others so far are saying “no way.” Big box stores such as Costco, Sam’s Club, Whole Foods and Target, among others, don’t allow firearms in their warehouses. On the other hand, Tom Thumb, and Walmart have different approaches, which tend to discourage open carry but don’t seem to prohibit concealed carry, as indicated in the story.
Interestingly, the appeals court ruling, authored by Judge Stephanie W. Ray, includes a couple of eye-catching paragraphs worth noting.
“In sum,” Judge Ray wrote, “the historical record from the relevant period shows that our Nation did not regard concealed carry and open carry as interchangeable. The right to keep and bear arms did not extend to the carrying of weapons in secret, which was regarded as the practice of the cowardly and the disreputable and as incompatible with the legitimate exercise of the right of self-defense. Open carry, by contrast, was understood to be the manner of bearing arms that gave full effect to the rights secured by the Second Amendment.”
A few lines later, the judge adds, “Because the Second Amendment’s plain text encompasses the open carrying of firearms in public, that conduct is presumptively protected by the Constitution. The State therefore bears the heavy burden of establishing a relevant historical tradition of firearms regulation that justifies its prohibition.”
The state either could not do that, or decided not to. Either way, Florida will have a much-changed social complexion in the weeks and months ahead, and—barring any antics by attention-seekers—may settle into its new existence with gradually fading fanfare and a gradually increasing new awareness about the right of the people to keep and bear arms.
Workman is editor-in-chief at TheGunMag.com
