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Florida Constitution Revision Commission

PUB 700263: Right to Bear Arms and to Self Defense by Christopher Louis Licata III - Withdrawn by the Submitter

ARTICLE I: DECLARATION OF RIGHTS, Section 8. Right to bear arms.

SECTION 8.

Right ofto Self Defense and to Bear Arms.bear arms.

  1. The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.A well armed and armered citizenry is essential in the preservation of a free people and is the last guarantee of freedom and liberty, thus the right of indivdial citizens to own and keep arms, ammunitions and armor shall not be infringed, prohibited or abridged. Individual citizens shall always be solely responsible for his or her use of force, however no duty to retreat shall be imposed; the natural right of self defense is to stand ones ground.
  2. There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph. An individual's ability to act in self defense is critical in the preservation of life and limb of the individual and the public at large. Thus the right of carrying of arms, ammunitions and armor on onse person in open displayed manner for the purpose of lawful self defense or deterrence from offense in the public realm shall be guaranteed. Every citizen may as desired without permit or license carry weapons openly and no political sub-division nor enterprise shall infringe or abrigde upon this civic right or the natural right of self defense.
  3. The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony. The carrying of arms, ammunition and armor on ones person in a concealed manner for lawful self defense in the public realm may be prohibited, regulated or guarantteed by law.
  4. This restriction shall not apply to a trade in of another handgun.