NRA FL Lobbyist Marion Hammer: HB-39 Eliminates Inadvertent Brandishing Danger


NRA Lobbyist Marion Hammer writes [via]: HB-39 by Rep. Dane Eagle was heard in the House Criminal Justice Sub-Committee on Monday, January 29, 2018, and PASSED by a vote of 9-4. HB-39 is a bill to stop the abuse of law-abiding citizens who are licensed by the State to carry concealed firearms for self-defense and whose firearm becomes temporarily exposed to ordinary sight of another person . . .

Once again NY Mayor Michael Bloomberg’s group calling themselves “Mom’s Demand Action” were present and this time represented by Jami Ito of Tallahassee.

Either Ms. Ito had not read the bill and was simply reading testimony someone prepared for her or she attempted to mislead the Committee with erroneous statements claiming, “This bill is a dangerous proposal which legalizes the open carry of handguns in Florida.”

While we wish that is what the bill does, it clearly does not.

Ms. Ito’s testimony contained so much false information that Rep. Dane Eagle had to use his closing statement on the bill to correct the record and rebut Ms. Ito’s testimony.

VOTING FOR THE BILL: Committee Chairman Ross Spano (R) Representatives Thad Altman (R), Dane Eagle (R), Julio Gonzalez (R), Bill Hager (R), Gayle Harrell (R), Chris Latvala (R), Jennifer Sullivan (R), Clay Yarborough (R)

VOTING AGAINST THE BILL: [no surprise all Democrats..]

– Representatives Ramon Alexander

– Sharon Pritchett (D)

– David Richardson (D)

– Emily Slosberg (D)

The bill next goes to the House Judiciary Committee.


This is not an Open Carry Bill. This bill has nothing to do with carrying openly or brandishing.

This bill is about stopping the abuse of law-abiding citizens who are licensed by the State to carry concealed firearms for self-defense.

A license holder whose firearm becomes temporarily and openly displayed to the ordinary sight of another person is not a criminal, and this innocent act should not be a crime.

In Florida, there are 1.8 million law-abiding license holders

Every time a law-abiding person – licensed by the state to carry for protection leaves his or her home, legally carrying a firearm – EVERYTIME – they run the risk of that firearm becoming exposed to the sight of another person and then being treated like a criminal.

This bill stops anti-gun law enforcement officers and anti-gun prosecutors from abusing law-abiding license holders for temporary exposure of a concealed firearm. In short, it stops them from criminalizing the exercise of a constitutional right.


  1. avatar Missouri_Mule says:

    Constitutional open carry solves all of these problems.
    Welcome to Missouri.

    1. avatar Ben B. says:

      Yeah, but things are “different” in Florida… While every one of its surrounding states allows open carry in some form, Florida is different. /sarc

      Kind of like Alabama’s idiotic requirement to have a permit to carry in a vehicle. Open carry without a permit is just fine. Until you get into your vehicle, and woah!!! Things are “different” in Alabama. None of the surrounding states to Alabama have a requirement to have a permit to carry in a vehicle (not even Florida). But holy cow, Alabama’s sheriff’s association seem to think their officers would just be cut down day and night if they didn’t have that stupid law…

      1. avatar MeRp says:

        Heck, even Washington State has constitutional open carry (just not concealed carry). Not so sure anyoen can call Florida the “gunshine” state anymore.

        1. avatar Casey says:

          Well, to be fair, open carry just isn’t illegal in Washington state, but I certainly would’t recommend walking around pretty much anywhere in King, Snohomish, or Pierce counties with your gat out.

          Chehalis, sure. Seattle, no.

        2. avatar Defens says:

          I’ve open carried frequently in Snohomish County. I just do it in the rural parts like Monroe, Sultan, etc.

    2. avatar Casey says:

      Thanks! I just moved to St Charles from Seattle. I love it!

    3. avatar Werner Nieder says:


  2. avatar stateisevil says:

    Florida is very anti gun compared to its reputation. Government is controlled by some of the most statist Republicans in the country.

  3. avatar Daily Beatings says:

    “… was simply reading testimony someone prepared for her …”

    Useful idiots taking their marching orders. I don’t even think they’re paid, well maybe lunch and some gas money. The majority of their supporters are either retired or on public assistance. Most people have to earn a living and don’t have time for this nonsense.

    1. avatar Ben B. says:

      Yep, while the politicians tearing down everyone else’s rights are just going to work. And getting paid by the taxpayers paying them to destroy rights. It’s a criminal situation… literally.

  4. avatar MeRp says:

    BTW TTAG: it might be nice to have at the top or bottom somewhere that Marion Hammer is actually the author of this article (on ammoland, as you linked)… or at least a link directly to the article or something so we can figure out why you were referencing her in the title.

    1. avatar How_Terrible says:

      This might be the only worthwhile thing that Marion Hammer has written in the last decade…

      1. avatar Aaron J Franklin says:

        Don’t forget her article in “Catlady Digest”

    2. avatar barnbwt says:

      Also a reference to the fact she resides among the cabal of NRA senior leadership that seek to 1) ban rate increasing devices (i.e. semi-auto firearms) and 2) thwart the ability of the NRA voting membership to nominate and elect their desired representatives. She calls members who seek to steer the organization’s efforts toward fundamental improvements in laws at the federal level the ‘enemy within’

  5. avatar ironicatbest says:

    ? If I threaten you with a bunny,coyly expose it to you,or wave it in your face, I brandished the bunny. If you see my bunny stuck in my pants when I straighten my shirt, you just saw my bunny, that’s all. Take and give gun laws, until I see the Constitution read as written I’m not impressed. The State I reside in currently, has Constitutional carry, but I’m not impressed the state gave me that right.

    1. avatar anonymoose says:

      If you brandish a bunny, I won’t be able to control the actions of my basset hound.

      1. avatar ironicatbest says:

        Damn, outgunned again.

    2. avatar Dale gribble says:

      Is that a semi automatic bunny or a hand held bunny?

      1. avatar RMS1911 says:

        Hey that’s not a pistol grip.

  6. avatar Carl says:

    Be good for people who get made in french cupcake shops.

  7. avatar Docduracoat says:

    There is no need for this bill.
    In 2011 the Governor signed SB 234
    This gave concealed carriers protection from arrest for brief unintended exposure of their firearm

    1. avatar Craig says:

      The biggest issue isn’t the law, it’s the anti-Liberty cops that will face-plant you on the pavement DESPITE what the law says. Until individual cops and their bosses are prosecuted for violating the law instead of getting a pass based on immunity, things will not change. Even the stupid statist judges in our state supreme court can’t seem to understand that you can’t require a ‘pole tax’ to exercise a right.

      I agree, making the event more ‘legaler’ isn’t going to solve the problem. The only solution at this point is Constitutional Carry.

      1. avatar RMS1911 says:

        Start with these
        18 usc 241
        18 usc 242
        42 usc 983

  8. avatar Mr Lizard says:

    I mean if printing was a crime then I better lay off the Viagra…amiright?!!

    1. avatar Mr. Hand says:

      …And, don’t forget to tip your waitress!

  9. avatar Paranoid prepper says:

    I’m so confused. The law already says it’s not a violation of the “no open carry” section to briefly expose your licensed and concealed handgun to the “ordinary sight” of another person, unless it’s in an angry or threatening manner, “not in necessary self defense”. From what I understood if someone saw my firearm, or even if I drew it in self defense and didn’t use it, I couldn’t be charged. This law actually removes that paragraph, and then just adds the explicit statement that if I’m licensed and concealed and I briefly expose my firearm to “ordinary sight” I can’t be charged under the “no open carry” section. I’m not a lawyer but it sounds like the same damn thing.

    1. avatar Geoff PR says:

      Some cops weren’t getting the ‘message’ on that, and hassling people about it.

      This bill provides ‘incentives’ for the police to behave in a civilized manner.

      (The ‘incentives’ are legal “if you do ‘x’, we will do ‘y’ to *you*, copper…”)

  10. avatar barnbwt says:

    Brought to you by the NRA that only believes handguns are protected under the RKBA. Although, Hammer probably doesn’t approve of bump-firing pistols (or simply firing them too rapidly) either

  11. avatar Chris T in KY says:

    Yes, she still does good work. But rapid fire guns are still a boogeyman to her.

  12. avatar Jay in Florida says:

    The heck with what Marion has or hasn’t done lately. She has done plenty for this state and our gun rights. Maybe not today but in the past. She started the whole “shall issue” deal in the country, by having Florida be the 1st state in 87 or 89 to have “shall issue” That was all Marion’s doing.
    As far as this “new” law. Most cops in my own personal experience. Here in Palm Beach County wont bust you in the head if your gun prints or is slightly even more then momentarily exposed. Mine has in the company of cops been plainly noticeable if one cared to look. My daily wear is IWB a tucked in t-shirt and jeans most of the time. Yes you can plainly see the loops of my holster and I could care less. Next to my phone is my spare mag in a mag carrier that has a velco loop over it on my belt. If I reach above my head as in a grocery store to get something off a shelf. My gun is sometimes exposed. It certainly prints. Never in 35 + years of carrying a gun here has anyone ever said a single word. No one seems to care or is afraid or anything of the sort.
    Im sure somewhere in this state. Some cop would make a big deal of it. But it doesn’t happen here to me or any of the people I know who carry daily.
    Its just not a big deal.

    1. avatar Bob says:

      Plenty of people did good things in the past. Plenty of those same people became dirtbags, criminals, and scum too.

      Wanna fix this problem for Floridians?


      Simple as that.

      1. avatar Jay in Florida says:

        Not going to happen here.
        Most politicians especially the Rhinos. Feel that if a citizen wants a gun get a CWP. Its as simple as that.
        Don’t try open carrying while fishing off a bridge or pier. Even though its legal most cops don’t know the law. They will bust you 1st. Let you go later. Been there done that. Not in the last 25 years though.

  13. avatar Libertarian says:

    In Missouri Locals can banned unlicensed open carry and public transport bus is an felony (train misdeamor) this is not realy constitunal carry !

    And for florida and the rhino gangs, before you see only licensed open carry there south carolina passed constitunal carrry …………..

    Since 2005 (stand your ground law) nothing “radical” passed there 🙁

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