Policy Analysis in Criminal Justice: Florida's Gun Policy

Florida's Gun Policy Analysis
Jacqueline Mesidor
Keiser University
MACJ520G1-101102022
Dr. Rochelle McGee-Cobbs
February 17, 2022
Florida's Gun Policy Analysis
Introduction
Florida was among the first states to implement gun laws in 1894. Indeed, it is illegal to carry a firearm or weapon openly in Florida. The most significant thing about this state is that it emphasizes the United States of America’s (USA) Supreme Court Second Amendment that gives Americans the right to have and keep firearms for self-defense. The USA’s Constitution permits people to own and carry firearms for their general safety. As long as an individual is at least 21 years old and mentally healthy, one can apply for a license to own a concealed weapon from the Department of Agriculture and Consumer Services (DACS). Permit processing takes between 50 and 55 days. Based on Florida’s Supreme Court, despite people having the constitutional right to carry concealed firearms for self-protection, individuals should not do it without a license. The license allows people to own and go with concealed weapons on their bodies or cars. An individual who is caught carrying a firearm without a permit is charged for committing a first-degree misdemeanor, which has a jail term of about a year. However, even with a gun license, the weapon should not be carried openly. For instance, one can keep it under the pant, shirt, or jacket. The purpose of this paper is to discuss the appropriateness of Florida’s gun laws, problems that can be caused by mishandling of weapons, and how the policy can be improved.
Description of the Problem
Florida emphasizes public safety. Both residents and non-residents from states that honor Florida’s gun laws have the right to protect themselves. However, the gun policy ensures that people do not bear or keep weapons intending to use them for other purposes apart from self-defense. Firearms ownership and usage has been a controversial topic in the USA, and without proper regulation, it might lead to increased rates of gun violence. The core problem related to Florida’s gun laws is the misuse of weapons. Licensed individuals are mandated to keep their weapons safely. They are entitled to avoid unauthorized people from getting hold of them since they can misuse these firearms and harm innocent people. In that light, Florida’s gun policy is important since it controls the use of firearms. Gun owners are required to report when their weapons get lost. The law requires individuals with permits to bear weapons to keep them away from the sight of others when carrying them on their bodies or vehicles (The Florida Senate, 2022). Specifically, it posits that any firearm should be carried in a concealed manner that others cannot see it. For example, the weapon can be hidden under a person’s shirt, pants, in a holster, or one’s jacket. That way, other individuals cannot feel uncomfortable, anxious, fearful, or get intimidated since not everyone likes to see a gun with a civilian publicly.
Under specific conditions, a person without a permit can carry a firearm in Florida, which poses danger to the public. First, individuals aged 18 years and above are allowed to carry weapons while at home or businesses, particularly for firm owners (Handgunlaw.us, 2022). Second, one can carry a firearm when hunting, camping, shooting range, and fishing. Third, a person can transport a weapon if securely enclosed in a box or container in a way that one cannot access it and shoot. In particular, securely kept firearms are not readily accessible, meaning that the transporter cannot use them. Moreover, an individual is allowed to carry a weapon when standing his or her ground in an act of self-defense. The above requirements contribute to the problem of gun violence. Although people are given such privileges for the sake of protecting themselves, others might get a chance to harm innocent citizens and defend themselves by saying that it was an act of self-defense. Florida’s gun policy emphasizes public safety and echoes citizens’ constitutional right to own firearms for self-protection. Nevertheless, it has loopholes that can be used by those who break the law by mishandling or misusing weapons without permission from the respective authorities.
Literature Review
Swanson et al. (2016) reveal that around 90 individuals die from gun violence, and 230 people get injuries every day in the USA. Based on the study of two Florida counties, researchers found out that 62% of gun violence arrest cases and 28% of gun suicides involved people that are not legally licensed to bear and keep weapons (Swanson et al., 2016). Some of the circumstances that cause gun injuries and deaths include domestic violence incidents, drug-related gang disputes, heated arguments among intoxicated young people with handguns, random rampages, and unintentional shootings. Notably, the annual cost of American gun violence is approximately $229 billion (Swanson et al., 2016). Gun control is a topic that should be handled carefully since it can prevent deaths and injuries of many Americans, Florida residents in particular. Lawmakers in Florida and the federal government implicate that mental illness significantly contributes to gun violence, which is not the case. They do this to avoid the gun regulation topic. Mental sickness is not the root of the gun violence problem. In reality, psychiatric conditions, such as mood disorders and schizophrenia, contribute to around 4% of the overall cases of interpersonal violence (Swanson et al., 2016). Even though Florida’s gun laws emphasize background checks of potential buyers to ensure that they are mentally sound, incidents of gun violence exist up to date.
The point of consensus with Florida’s gun policy is based on Title XLVI, Chapter 790, Section 790.01, which emphasizes carrying concealed weapons by licensed people only. The DACS gives gun permits to individuals who meet the requirements stated in Section 790.015. License holders must be at least 21 years old. Non-residents should have a valid permit from their respective states, which must be honored by Florida since it is a “shall issue” state. All license owners ought to be residents of the USA. Additionally, non-residents can be allowed to carry concealed firearms if they establish legal residence via voter registration, have a domicile pursuant statement, and have filed for homestead tax exemption on properties in Florida (Handgunlaw.us, 2022). However, veterans discharged from the army under honorable conditions are exempted from the above conditions. Florida makes gun license applications easy since individuals who have met the requirements as stated in Section 790.015 can apply for a permit by mail, in-person, or online. For sure, these conditions are crucial and restrict everyone who wants a firearm to have it. If such requirements are not in place, it would be challenging for licensed manufacturers, dealers, and importers to know who should own firearms in Florida.
Although changing Florida’s gun laws is a challenging process, Florida is among the states that amend its gun policy to include upcoming gun violence trends. Deadly mass shootings in Florida have left many individuals shocked and emphasize strict measures on gun control (Dixon, Garrett, Susmann, & Bushman, 2020). Florida leads other states in gun control and shows them that changing gun laws is possible and that there is no need to allow people to own weapons if they can harm others. In 2019, Florida was number 26 when states with the highest death rates caused by gunfire were ranked (Giffords Law Center, 2022). Based on a Pew Research Center 2021 report, around 4 out of 10 people aged at least 21 years old admitted to living in households with gun owners. Moreover, approximately 3 out of 10 Americans said that they own a firearm (Schaeffer, 2021). As time goes, the number of licensed gun owners is increasing. For example, in July 2020, 44% more federal background checks of license applicants were done compared to what was conducted at the same time in 2019 (Schaeffer, 2021). With such an increasing number of gun permit applications, it means that Florida must continue amending its policy to address issues that might arise and combat gun violence in the future.
Several things contribute to individuals’ disagreements with Florida’s gun policy. For instance, the increased mass shootings at schools and nightclubs have resulted in a public outcry to revoke gun ownership. In most cases, individuals involved do not have a gun license or training to handle firearms. In 2018, a 19-year-old, Nikolas Cruz, opened gunfire at Marjory Stoneman Douglas High School in Parkland, Florida, killed 17 people, and left 14 others with injuries. Cruz had an AR-15 semi-automatic rifle (Chuck, Johnson, & Siemaszko, 2018). The teenager was not mentally sick, and he did not meet all the requirements to apply for a gun license from the DACS. In June 2016, Omar Mir Seddique Mateen killed 49 individuals and left 53 others injured at a gay nightclub, Pulse, in Orlando, Florida (Zambelich & H...