New bill by Florida Rep. Joel Rudman would permit open carry and repeal Florida’s “Red Flag” law

By Larry E. Holtz, Esq.

            On Monday, December 9, 2024, Representative Joel Rudman filed an extensive bill (HB 31) that would allow “open carry” for residents of Florida (§790.013; §790.053), as well as repeal the state’s “red flag” law. Florida’s “red flag” law was passed in the wake of the 2018 mass shooting at a high school in Parkland, where 14 students and three staff members were killed. The law, legally known as “Risk Protection Orders,” allows the state and law enforcement to restrict firearm and ammunition possession from a person who poses a danger to himself or herself or others.

 Said Rudman, HB-31 “reiterates my commitment to freedom and to the Constitution.” In his Facebook post, he continued: “As my first bill for the 2025 session, I have filed a comprehensive piece of legislation that restores and protects our inalienable rights as guaranteed by the Second Amendment.” HB-31, said Rudman, “makes Florida an open carry state.” Consequently, “‘Shall not be infringed’ will mean something here in the Gunshine state!”

            The bill is opposed by Florida’s Senate President Ben Albritton, who says open carry is too dangerous. It is interesting to note that Rudman is running for Congress in a special election. That means he will not be around during the session to vote on his bill. Rudman submitted his resignation, effective Jan. 1, 2025.

            The 32-page bill would also revise the list of places where firearms are currently prohibited. If passed, guns could be carried on college campuses and into polling places. In brief, if the bill passes, here are some of the changes:

·Repeals provisions relating to arrests without a warrant (§790.02) and exemption from licensing requirements for law enforcement officers (§790.051)

·Allows open carrying of any otherwise legal firearm, electric weapon or device (§790.053)

 ·Revises a list of places into which a person may not carry a handgun, concealed weapon or concealed firearm, deleting career centers and colleges or universities (§790.06(12)(a))

·Revises the possession of a handgun or other weapon in a vehicle (private conveyance) to permit the possession of the handgun or weapon on the motorist’s person. (§790.25(4)(a))

 ·Deletes provisions relating to collection of fees for licenses to carry concealed weapons or concealed firearms (§790.6), and allowing school districts to restrict possession of firearms in vehicles (§790.115)

· Revises the definition of “bump-fire stock” (§790.222)

 · Repeals provisions for risk protection orders (§790.401)

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