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Thread: Open Carry Exceptions Dead in Water?

  1. #1
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    Open Carry Exceptions Dead in Water?

    I did search and found nothing that answers my question. I've been carrying concealed for 1 1/2 years now, I was looking to verify that I could still OC while going to and from Lawful Target shooting at a local Firing Range.

    I found this page which claims; http://www.opencarry.org/fl.html
    "
    Florida:

    Summary:
    Florida is not a traditional open carry state.
    Open Carry is lawful while engaged in, or going directly to and from, lawful Target Shooting, Hunting, Fishing, and Camping expeditions. FL Statutes 790.25(3)(h), (j), and (k)

    "

    But the link results in "The statute you have selected cannot be found."

    What I did find is:

    790.053 Open carrying of weapons.—
    (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
    (2) A person may openly carry, for purposes of lawful self-defense:
    (a) A self-defense chemical spray.
    (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
    (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145.

    Was the small amount of Open Carry freedom we Floridians had, quietly taken away?

    I'll contact local LEO's before open carrying obviously but I don't completely trust what they will tell me and would rather hear from you guys/gals!

    Thanks...
    Last edited by pwnage365; 06-04-2012 at 07:43 PM.

  2. #2
    Regular Member Mas49.56's Avatar
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    You can. Here is what you were looking for.
    http://archive.flsenate.gov/statutes...s/0790.25.html

    Most LEO will tell you their opinion, not the law.
    Last edited by Mas49.56; 06-04-2012 at 08:23 PM.

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    Quote Originally Posted by Mas49.56 View Post
    You can. Here is what you were looking for.
    http://archive.flsenate.gov/statutes...s/0790.25.html
    Thanks for the fast response! I'm just worried that the statute I found is from 2011 and pretty clearly states no OC and lists no exceptions, what youlinked and I've been going by seems to be archived from 2010.. Sorry, I've never seen a jail cell and I don't want to become a statistic...

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    Regular Member Rich7553's Avatar
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    This is current. The statutes are dated by using the last legislative session, and are published around July, so 2011 is current. There were no bills amending this statute, so it will be the same in the 2012 edition.

    (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

    http://www.leg.state.fl.us/Statutes/...s/0790.25.html
    Last edited by Rich7553; 06-04-2012 at 09:08 PM.
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  5. #5
    Regular Member Mas49.56's Avatar
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    Quote Originally Posted by pwnage365 View Post
    Thanks for the fast response! I'm just worried that the statute I found is from 2011 and pretty clearly states no OC and lists no exceptions, what youlinked and I've been going by seems to be archived from 2010.. Sorry, I've never seen a jail cell and I don't want to become a statistic...
    http://archive.flsenate.gov/statutes...0790/0790.html

    You go to the top of the page and change the date to 2011(it's the last year available). Then go to firearms law and select display whole statute and scroll down to 790.25.

    Just remember stopping on the way is not settled law yet, do so at your own risk.

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    Exactly what I was hoping for! Thanks for the help everyone!!!

  7. #7
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    the Florida legislative site can be a little quirky at times. Just keep pecking at it and you will usually find what you need.

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    Action Gun Outfitters

    I just went to put a box of ammo thru my PF9 and make sure my issues had been resolved with the Mag falling out.
    While there, I asked 2 of the employees if they had any policies regarding Open Carry, since I was going to/from Lawful Target Shooting. (I was concealed carrying at the time as I am Licensed to do.)

    They we're very direct in their disapproval of the idea, stating it wasn't legal and that the weapon needed to be securely encased, and open carrying including in the vehicle was illegal. They also made reference to the Orlando guy that open carries on his Motorcycle while going to fish/range that has been on the news being harassed by Police. I mentioned statute 790.25 but didn't let the conversation turn into a ******* match. I should mention they we're both open carrying inside the gun shop where the indoor range is located.

    Now I'm a bit nervous about the Open Carry Fishing meet I'm scheduled to attend this weekend. Are these guy's misinformed and how would you guys have handled it? Thanks...

  9. #9
    Regular Member ADulay's Avatar
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    Quote Originally Posted by pwnage365 View Post
    I just went to put a box of ammo thru my PF9 and make sure my issues had been resolved with the Mag falling out.
    While there, I asked 2 of the employees if they had any policies regarding Open Carry, since I was going to/from Lawful Target Shooting. (I was concealed carrying at the time as I am Licensed to do.)

    They we're very direct in their disapproval of the idea, stating it wasn't legal and that the weapon needed to be securely encased, and open carrying including in the vehicle was illegal. They also made reference to the Orlando guy that open carries on his Motorcycle while going to fish/range that has been on the news being harassed by Police. I mentioned statute 790.25 but didn't let the conversation turn into a ******* match. I should mention they we're both open carrying inside the gun shop where the indoor range is located.

    Now I'm a bit nervous about the Open Carry Fishing meet I'm scheduled to attend this weekend. Are these guy's misinformed and how would you guys have handled it? Thanks...
    The Open Carry fishing events are very legal. The guys in the gun shop don't wish to open carry outside and they told you what they believe, although they were quite incorrect in their recommendations.

    Take a look at Florida Statute 790.25(3)(j) and you'll have your answer to open carry and going to and from a legal shooting venue. I used to keep a copy of fs790 with me all the time but now I just rattle it off when need be, strictly by the numbers! The officers can also look it up on their own in the car too.

    I'm also one of those "motorcycle open carry" guys and have been so for over a year of daily open carry. Yes, I have been stopped a few times, but within minutes it was clear that I was coming from the shooting range (or fishing) and was left to continue on the motorcycle with my openly carried sidearm.

    Open carry brings out a lot of anger in people who don't want it, for some nebulous reasons.

    That brings us back to your local Open Carry event. They are about as dangerous as a church social, unless the fish attacks, then you're on your own!

    At one of our earliest OC events in Fort Myers, there were several local LEOs who showed up on the scene to evidently make sure we didn't take over the downtwon area or something like it. Seriously, they did show up and asked a few questions. We all shook hands and everybody learned something. We still show up every 2nd Saturday but the local PD is nowhere to be seen. They realize that we're just citizens fishing who just happen to be using the Florida Statutes to legally open carry our sidearms.

    Enjoy the event and catch a fish (which is more than I can do).

    AD (open carry advocate, of course)
    Last edited by ADulay; 06-06-2012 at 04:03 PM.
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  10. #10
    Regular Member rvrctyrngr's Avatar
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    Just to expand on what AD said, 790.25, the statute that enables us to OC while fishing (and other situations) is the exact same statute that enables the gun shop guys you encountered to OC at their 'place of business' and that enables LEOs to OC in the performance of their duties.
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    Quote Originally Posted by rvrctyrngr View Post
    Just to expand on what AD said, 790.25, the statute that enables us to OC while fishing (and other situations) is the exact same statute that enables the gun shop guys you encountered to OC at their 'place of business' and that enables LEOs to OC in the performance of their duties.
    That was exactly what I was thinking while I was in the midst of the convo. Thanks for the comments guys.

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