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Republican Senate Judiciary Chairman Miguel Diaz de la Protilla (courtesy

Phillip Evans writes [via]

Republican Senate Judiciary Chairman Miguel Diaz de la Portilla is a happy guy. He single-handedly (with the approval of his boss, Republican Senate President Andy Gardiner) killed SB 300, letting it die in committee by refusing to allow it an up or down vote by committee members. Diaz de la Portilla celebrated the death of Florida open carry like this . . .

Open carry is not going to happen; it’s done…On all of these gun bills, I don’t believe any of them are necessary. They could result in unintended consequences. I think we need to prioritize in our committee, as far as what we hear. We can’t hear every bill that’s referred to us.

There you have it. He purposely held the bills back not because he thought they didn’t have the votes to pass, but because he personally did not like them (Campus Carry, and Airport Carry in non-secure areas being the other two).

First Amendment Protests

Some (myself included) view the open carry of firearms as a legitimate statement of support for the Second Amendment, as well as a statement to criminals that they may wish to look for easier pickings.

What folks may not realize is that Florida law does not classify black powder revolvers made before 1899 (or their modern replicas) as being firearms, unless they are used in a crime. Since openly carrying a non-firearm object is not a crime in Florida, black power revolvers such as this 1858 Navy model are legal to carry in a holster in plain view:

1858 Army Revolver

It also is not a crime to carry any modern-design pistol in any fanny-pack, bag, or purse of any kind as long as it remains completely concealed. This is true even if that container is shaped like a pistol – hint, hint. The next best thing to open carry is concealed open carry, such as with holsters like one designed for the P38 pistol, which can be found on Amazon:

P38 holster

Just as the open carry of long guns as a means of protest helped to facilitate the passing of legal open carry for pistols in Texas, such First Amendment protests as suggested above could also help pave the way for legal open carry of pistols in Florida.

Tyranny is not on life support in the Florida General Assembly. It will remain healthy as long as RINOs such as Senators Diaz de la Portilla and Gardiner are able to ram their Democrat agenda down our throats by crushing liberty restoration bills under their boots. Let the tyrants know that WE PROTEST!

About Phillip Evans:

The author is a self-defense rights advocate and member of the NRA,, and, and posts at

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  1. At gouvernour veto you can override regulary white 2/3 priority >> thats democracy but no option to do this at an house speaker ? Thats means near dictatorship power that must removed !

    Same shit white joe straus in texas, i think the law must changed to remove this draconical power from one person.

    • This was the Florida Senate. The Senate President has the power to pull a bill out of committee and present it to a floor vote. Which is why the article says “with the approval of his boss, Republican Senate President Andy Gardiner.” Gardiner has been quoted that he trusts his committee chairmen to make the decisions and doesn’t pull bills out of them. He said that in regards to the Open Carry and Campus Carry bills that Portilla killed. Yet Gardiner did just that with another bill that was for the calling of a Convention of the States to add a constitutional amendment adding term limits to all congressional reps and us senators. So he is another hypocritical RINO that will never get my vote. Gardiner is affiliated with several Medical boards including the hoplophobic AMA.

  2. the correct reaction to this is not to contact Portilla, but Gardiner instead, and let him know that he had best replace Portilla as the chair for the committee or else the votes that were not allowed to be heard on the bill, will be heard in his district. We will not change Portilla’s mind, but we can put pressure to change his position.

    • What good would that do? I also sent both Gardiner and Portilla emails and letters urging them to go forward with both carry bills (airport carry died before getting to Portilla, but it would have died there as well) and yet this still happened. So I sent them letters saying that I am an elephant republican and like an elephant, I would not forget what the RINO republicans did. They will not get any support from me in the primary, or general elections. I most certainly would vote democrat if Rehwinkle-Vasilinda ran against them for any state wide office. She wrote the campus carry bill and co-sponsored the open carry bill. Heck, I may vote for her even if she wasn’t running against them.

  3. Thats an oddly partisan writeup…

    Anything the author doesnt like is “democrat”, if a Republican does something bad, then all of a sudden he’s not a real Republican and he’s pushing a “Democrat” agenda…we have always been at war with EastAsia!

    How about we acknowledge that both parties pay lip service to the 2A and either will happily sacrifice it if convenient, and that the 2A isnt a Republican or Democrat thing, but an Infringing vs Noninfringing rights issue? Lets not foget that Republicans gave us the Hughes Amendment, the start of CA gun control, and the Chinese import ban.

    • Take it on face value then. The author is focusing on a politician denying up or down vote on a bill simply because of personal bias…not based on what the citizens who elected him want…you know, the people who hold his future in their hands every 4 years.

    • Muih, The vast majority of anti-gun legislation in America is introduced and passed by Democrats. if you don’t believe that you’re either ignorant, stupid, a liar or all three.

      • I’m not debating that, you’re entirely correct there, but its not exclusive to them by any means, and what I was objecting to was the Orwellian relabelling based on what is essentially “no true scotsman” fallacy.

        Screw ’em both if theyre gonna attack the 2A, dont try to re-label R’s that engage in that sort of thing as “closet D’s” or “RINO’s”, that’s just engaging in partisan hackery rather than 2A advocacy. Attack them for what they are, not what one may want them to be.

        • Don’t understand the concept of RINO do you. It’s a demtard light wearing camo.

          I’d guess these two are buds of JE Bush

      • Thats’s entirely besides my point. I have two degrees and a corporate career, but that has nothing to do with being Republican or Democrat or Pro2A or Anti-2A.

        Injecting that sort of drivel into a 2A argument doesnt helo anything, and playing Orwelling labelling games isnt going to get us anywhere or prevent these assholes from tramoling people’s 2A rights. Don’t try to slin their actions off as some sort of one-sided partisan issue or some sort ot Democratic infiltration effort, both parties will hang the 2A out to dry if it suits them, and trying to pin it just on one allows the other to get away with it, which they shouldn’t.

    • Muih, people have got it so ingrained in them that R = good, D = bad that they literally cannot fathom the idea that a Republican could possibly want to infringe their rights, even when the evidence is staring them in the face (as is the case here). The RINO brand is a clever one because it’s allows people to fool themselves into thinking that there is someone powerful up in Mother Government who actually has principles and cares about them, and it keeps them supporting one political party simply because they’re not Democrats. It’s more comfortable that way. As Morpheus observed, most people are not ready to be unplugged.

    • Good eye… It most certainly is “black power revolver”

      It looks like the author is “down with the struggle”… 🙂

  4. That is not an 1858 “Navy.” It is an 1858 Remington. There was not Remington “Navy,” a moniker attached instead to the 1851 and 1861 Colt because of the May 1841 naval battle scene roll marked on the cylinder.

    Other than that, this kind of pocket veto is also used (and abused) in Congress (and I suspect most if not all other states) and is where gun ban bills go to die. So it is a two edged sword.

      • Not so. It’s true that the Navy bought a number of the .36 cal. colts but they also bought many diferent revolvers and single shots including the Elgin cutlas pistol.

        Colt made a real comeback from bankruptcy with it’s 1849 pocket or baby dragoon and then cemented itself as a major player with the 1851 “navy” colt.

  5. Send this jerk your opinion.

    [email protected]

    District Office
    2100 Coral Way
    Suite 505
    Miami, FL 33145
    (305) 643-7200

    Tallahassee Office
    406 Senate Office Building
    404 South Monroe Street
    Tallahassee, FL 32399-1100
    (850) 487-5040

  6. No-permit “off-body” carry in Florida? Really? I thought Mississippi was unique in that regard. Wonder if we could get that in Texas, pending real constitutional carry?

    • You can have your gun in your car without a permit in florida. That is about it. You can also actually open carry in Florida if you are doing, going to, or returning from one of the following:

      Target Shooting

      One Florida sheriff in support stated that in his county, it isn’t uncommon for him to see folk open carrying to do just that. All they have to say is I am going hunting or fishing and his deputies let them go.

        • Parts are wrong. you cannot off body carry a firearm in Florida. You can however, have it in your vehicle. Provided that there are 2 steps to retrieving it. If its under a bag on your front seat, that is concealed and is illegal unless you are licensed. Also, Florida doesn’t have a General Assembly. They have a House of Representatives. But my guess is that is because the author is from Georgia which has a General Assembly.

  7. My state was forced to follow the Constitution regarding firearms so this will likely never happen here in the land of Lincoln.

    • Mecha75
      The 2 step carry in an auto has been long gone.
      Your car is considered the same as your home. Part of the Castle Doctrine.

        • Cant say cause I don’t remember it having to be a 2 step process.Maybe pre permit days?? It does however have to be encased. As in a closed glove box or console, trunk etc. It cannot just be laying in plain view. Unless you have a CCW. Then it can be in plain view as long as its holstered. Or say a rifle gun rack in a pickup. I haven’t completely read Statute 790 in over 20 years. Ive had my permit since 1989 here.

        • Not two steps. Without a permit, statute requires “securely encased.” Zippered case, box with a lid, console with a lid (no lock necessary), glove box, etc. Anything you have to open to get to it counts, pretty much. Under a towel or a newspaper on the passenger seat does not, without a permit.

  8. Sounds like the worthless POS RINO committee chairshite who singlehandedly blocked concealed carry in Colorado for years. Wish I could remember her name…but also glad I no longer have to.

  9. Very disappointed to hear this news. I had emailed Miguel Diaz de la Portilla back in December in hopes of changing his mind….apparently not. I had no clue about being able to carry a BP replica revolver…my next stop is going to be a meeting with our local Sheriff so I can fully explain that I will be carrying a BP revolver. I’m not asking permission from him but basically putting him on notice about my intent. I also think I will also write a letter to our local Attorney General asking for clarification on their position. It’s time to openly protest!

    • I also believe the article is off a bit on the date of an “antique firearm”. After looking up FL Statue 790.001(1) it states….“Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.”

      And then FL Statute 790.001(6) further states “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” DOES NOT include an antique firearm unless the antique firearm is used in the commission of a crime.

      So, it looks like we can open carry BP pistols. Great to know!

    • Can anyone post a citation regarding the “open concealed carry” (re the P38 holster).
      I need to know more before I get arrested or shot at by the Po-po.

      …Or beaten by my wife after the Po-po get thru w me.

      • I’d like to see some reference material on that as well. AFAIK, the statute does not explicitly allow that, that this is only an interpretation of the statute but without any case law to back that up.

  10. Another interesting note: in Florida, open carry or handguns and long guns is allowed while fishing or hunting, or (important, this part) while travelling to or from these activities. I have heard of a few open carry activist walks, where each person has a rod and/or tacklebox in their hands, and they walk, openly carrying from a central location to a local fishing pier, seawall, etc. Completely legal, though I would not be surprised if local law enforcement was either ignorant of that fact, or chose to ignore it. Proceed at your own peril.

    • There is a suit going on against the City of Tampa and I belive some local yookles. A person was Im being nice here. Overly detained for “Open Carry” on a Pier while fishing in Tampa. A cop tried to sneak up behind him and grab his gun……..jackasss move. Should have gotten the cop shot. There also is a criminal trial in its 3rd or 4th review contesting no open carry being unconstitional statewise here in too. That if “we win’ the open carry debate becomes moot.

      • It does include going to the range if you’re a member of a gun club. See section (g) at your link: “…regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice”

        The big outdoor ranges around me are all membership-based, so I’m pretty sure that would suffice for this purpose.

  11. This behavior is typical of Democrat politicians and also of the RINOs, if you live in Florida it would be a good idea to contact all your state level representatives. Point out to them that the voters take a dim view of concessionist politicians like Jeb Bush and cast their votes accordingly.

    • Only chance we have right now is that the Florida Supreme Court rules in favor of Open Carry in Norman vs. State of Florida. But that is about as likely as Portilla realizing he made a political blunder and brings the carry bills to the committee. They denied MissippiCarry’s amicus brief, but allowed Bloomberg’s Everytown to file one.

  12. I would like to see Mr. Miguel Diaz de la Portilla’s response to several hundred thousand people contacting his office in two weeks via phone, e-mail, and registered mail (with signature required) to express their disappointment and desire for Mr. Diaz de la Portilla to bring those bills to a vote.

    I can only imagine that such a deluge of contacts would have a marked impact on Mr. Diaz de la Portilla.

    • Well he certainly ignored my 4 correspondences (1 email and 1 mail urging him to not kill the bill in committee and then again telling him that as a voting florida republican, he will never get my vote. Did the same with Andy Gardiner as well).

    • He doesn’t care. His office ignores anything on the subject. Best response Ive ever gotten was form letter thanking me for my concerns.

      • I have no illusions that his office cares about anyone’s opinion. What he will care about is if 100,000+ people inundate his office with phone calls, e-mails, AND registered mail (signature required). Think about that for a moment. How does his staff deal with all of that? How does his staff find the handful of important correspondences in the midst of that tsunami of contacts?

  13. Getting rid of both Gardiner and Portilla while possible isn’t a big deal to the folks of Florida. Most voters don’t actually care. Most state runs are off year elections and 3 people show up to vote.
    The State Legislature is a low paying part time job for those in it. It meets like twice a year for a few weeks at a time.
    Dade County is for all intents and purposes a 3rd world country here not a part of Florida
    Potilla represents a bunch of folks who might not even know what America is. He certainly doesn’t. His main concern is tourists and their dollars. Not much else he cares about.
    Gardiner is the real RINO here and those who care know it. But still don’t vote these types out of office.

  14. Well then. It only makes sense to elect more foreigners with roots from Socialist countries. That way they can advocate for the people in their home countries to come here and behave like they do back in Mexico and use it to justify taking our gun rights away from us.
    There is a primal reaction to seeing Mexicans and Africans ruling over us like dictators with no appreciation for the values espoused in our Constitution.
    Americans should think twice about electing any person who is from a different culture. A perfect example is Nimrata (Nikki) Randhawa Haley, a Hindu who decided to take down our Confederate flag from the state house in South Carolina at the request of companies like Volvo, BMW, and Boeing.
    She has no real connection to traditional American values regardless of her claim to being a Tea Party Conservative which she reneged on as soon as she was elected.

  15. i just sent this email to my representatives and sen. Miguel about this decision….

    Dear xxx

    I am writing you in response to the recent news that the open carry bill for the open carry of firearms for licensed individuals has died in committee.

    I am greatly disappointed and I hope that this bill will be resurrected as quickly as possible for a vote so that the people ( and not one man who has a fear of firearms ) can decide whether or not open carry should be adopted in Florida.

    As you can see the record number of applications for concealed carry permits continues to grow year over year, more and more people are deciding to carry firearms for protection. They should have the right to decide if they (myself included) want to carry their firearm openly or concealed.

    I am a registered democrat but no longer agree with the policies that the Democratic Party subscribes to. I would have never expected this outcome from a republican senator.

    Please remember that the majority of gun owners have long memories and do not underestimate the power of the people. Please remember that there were multiple senators in Colorado recalled after the people chose to remove them from office when they decided that they knew what was best for the people and chose to ignore the people and their request

    I thank you for your time and consideration.

    Please remember, I have yet to meet a criminal that follows the laws of the land. Laws only burden those who wish to be law abiding citizens.

    Thank you


    Please contact your Florida representatives to let them know that we want a vote on this matter.

    Thank you all for your help!

  16. I say we all should do someting to have the senate hear this bills
    Signatures, tv ads, letters
    We will not be heard if we don’t do someting
    This two senators Must Likely Cubans dictators are making decitions for us here in AMERICA
    I served this Nation for LIVERTY not to let DICTATORS like this two senators dictate me

  17. I called and e mailed my state senator (Maria Sachs) about this issue
    She is a democrat. I heard nothing back
    The open carry bill will likely be re introduced again next year
    The new redistricting plan will have no effect here in Palm Beach County

  18. Gents, if you want some tips on effective pro-RKBA lobbying, please contact Phil Van Cleave of the Virginia Citizens Defense League ( The VCDL has been very effective in the Commonwealth, and work hand in hand with Larry Pratt of the GOA (as well as the NRA-ILA).

    I was with them during the Clinton regime time when the gungrabbers were on full offense. It’s worth an e-mail.

  19. All I see is a worhtless sack of… who is Bloiomburgs butt buddy, and only owns a gun to prove he’s a gun owner – so he van get votes. Him and Gardnier need to be impeached!


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