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(Miami, FL) - Now that open carry is the law in Florida, one former top cop warns gun owners to be careful, you can become an innocent target. Former Miami Police Chief Jorge Colina says open carry can cause confusion at a crime scene when multiple weapons are visible. He says this can lead to a justified shooting of an innocent gun owner by a cop or bystander who feels threatened.
Fortunately, Colina says he doesn't think the new open carry law will turn Florida into the Wild West, but the law permits long guns and rifles in addition to handguns can also be legally exposed.
Colina adds that because of a loophole in the law, it may be possible to legally openly carry a long gun into a gun free zone like a school or courthouse.
Here's the law, 790.06(12)(1), Fla. Stat. which does not mention a long gun or rifle: "A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or concealed firearm into:
- Any place of nuisance as defined in s. 823.05
- Any police, sheriff, or highway patrol station;
- Any detention facility, prison, or jail;
- Any courthouse;
- Any courtroom, except that nothing in this section precludes a judge from carrying a concealed weapon or concealed firearm or determining who will carry a concealed weapon or concealed firearm in his or her courtroom;
- Any polling place;
- Any meeting of the governing body of a county, public school district, municipality, or special district;
- Any meeting of the Legislature or a committee thereof;
- Any school, college, or professional athletic event not related to firearms;
- Any elementary or secondary school facility or administration building;
- Any career center;
- Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
- Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
- The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or
- Any place where the carrying of firearms is prohibited by federal law.
- A person licensed under this section is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes.This section does not modify the terms or conditions of s. 790.251(7).
- Any person who knowingly and willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Florida joins 46 states that allow open carry in some form. The remaining four states California, Illinois and New York along with Washington D.C still prohibit open carry.