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Thread: Open carried this weekend

  1. #1
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    Open carried this weekend

    Open carried for the first time in a non-work related capacity this weekend. To and from my NG drill. Stopped at a couple of rest stops and a gas station, only once did someone look at it, acknowledge it, or anything of the sort. Felt bad being as that it shouldn't only be superpeople (IE cops or military) should be allowed to OC. When I got to my unit I told some of my buddies who are LEO's what I had done, and they said "you know you can go to jail for that right?" And I said negatron superperson, I too am a superperson for the weekend, exempt under 790.25. At least one of my LEO buddies admitted he needs to brush up on 790 because he had no idea there were OC exceptions. I guess the silver lining is that I provided an educational experience for some LEO's. Not sure if I'm going to make a habit of this or not.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by shastadude17 View Post
    At least one of my LEO buddies admitted he needs to brush up on 790 because he had no idea there were OC exceptions. I guess the silver lining is that I provided an educational experience for some LEO's. Not sure if I'm going to make a habit of this or not.
    Excellent!

    Education to the people who need to know this stuff is always appreciated.

    Well done.

    AD (full time open carry advocate and practitioner)
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    Re: Open carried this weekend

    Thank you putting yourself at risk for the hassle you might have had to endure and also taking the time to write it up for us. +1 for educating the LEOs in your unit.

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    Thanks guys <3

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    Regular Member Fallschirmjäger's Avatar
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    790.25 Lawful ownership, possession, and use of firearms and other weapons.—
    (1) DECLARATION OF POLICY.—The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.
    ...
    (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:
    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
    Last edited by Fallschirmjäger; 03-08-2013 at 02:52 PM.

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    Regular Member dudeman351's Avatar
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    Quote Originally Posted by ADulay View Post
    Excellent!

    Education to the people who need to know this stuff is always appreciated.

    Well done.

    AD (full time open carry advocate and practitioner)
    How do you do it? Do you keep a fishing pole with you all the time? I've been considering OCing an 1858 Remington copy. As far as I know FL law doesn't consider a black powder firearm a firearm unless its used in a crime.

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    Regular Member Talesman's Avatar
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    The immediate above post by Fallschirmjäger gives me pause.

    It is one of those sections of the law that most folks skim because they, themselves, have no military connection.

    Let's look at it a bit more closely. It's another section that is poorly written and certainly a bit confusing. Be that as it may. Can we start with one assumption and that is the folks so enumerated are exempt from both 790.053 Open carrying of weapons.— and 790.06 License to carry concealed weapon or firearm? I am not sure it really says that but it greatly alludes to it.

    If so then no living/breathing CITIZEN of Florida need worry about open carry nor getting a CC permit because F.S. 250.02 Militia.— reads as follows:
    (1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.
    (2) The organized militia is composed of the National Guard and any other organized military forces that are authorized by law.
    (3) The unorganized militia is composed of all persons who are subject to military duty but who are not members of units of the organized militia.
    (4) Only persons exempt from military duty by the terms of federal law are exempt from military duty in this state.

    Notice that 790.25 nowhere mentions the words "organized" nor "unorganized" it merely states "militia." A plain reading would seem not many would be exempt. Under federal law (per (4)) only a handful are exempt. 4-B's (elected officials and policy makers) and some felons (but not all felons) seem to escape military service either by the draft or by trying to volunteer.

    I am sure I am off base, but really, just how far away?
    Last edited by Talesman; 03-08-2013 at 02:09 PM.

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    Quote Originally Posted by Fallschirmjäger View Post
    preparing themselves for military duty;
    Precisely.

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    Quote Originally Posted by Talesman View Post
    The immediate above post by Fallschirmjäger gives me pause.

    It is one of those sections of the law that most folks skim because they, themselves, have no military connection.

    Let's look at it a bit more closely. It's another section that is poorly written and certainly a bit confusing. Be that as it may. Can we start with one assumption and that is the folks so enumerated are exempt from both 790.053 Open carrying of weapons.— and 790.06 License to carry concealed weapon or firearm? I am not sure it really says that but it greatly alludes to it.

    If so then no living/breathing CITIZEN of Florida need worry about open carry nor getting a CC permit because F.S. 250.02 Militia.— reads as follows:
    (1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.
    (2) The organized militia is composed of the National Guard and any other organized military forces that are authorized by law.
    (3) The unorganized militia is composed of all persons who are subject to military duty but who are not members of units of the organized militia.
    (4) Only persons exempt from military duty by the terms of federal law are exempt from military duty in this state.

    Notice that 790.25 nowhere mentions the words "organized" nor "unorganized" it merely states "militia." A plain reading would seem not many would be exempt. Under federal law (per (4)) only a handful are exempt. 4-B's (elected officials and policy makers) and some felons (but not all felons) seem to escape military service either by the draft or by trying to volunteer.

    I am sure I am off base, but really, just how far away?
    Also a valid point. It just goes to show how stupid and silly gun control is...it's like tax code, you just don't know which end is up and it's frustrating, full of loopholes, and double standards.

  10. #10
    Regular Member ADulay's Avatar
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    Quote Originally Posted by dudeman351 View Post
    How do you do it? Do you keep a fishing pole with you all the time? I've been considering OCing an 1858 Remington copy. As far as I know FL law doesn't consider a black powder firearm a firearm unless its used in a crime.
    Dudeman,

    There are several large threads in the Florida Concealed Carry forum and a few here about my open carry "adventure".

    Basically I ride my motorcycle "open carrying" because I am always either going to or from my fishing spots or my shooting ranges.

    I do fish and/or shoot every day, therefore I open carry every day.

    I keep my range bag on the right side of the bike and my fishing gear (cuban bolo rig) in my left side saddlebag.

    To keep this from becoming a 4000 word message, the bottom line is that I have been stopped about 4 times in the last 3 years and in all cases I was sent on my way, still open carrying.

    I do not mind the temporary "discussions" with the police. The argument that I'm scaring the citizens in not a valid argument to not carry. Most people who will talk to me are generally curious and friendly when we speak.

    Some people state that I'm setting myself up for trouble and even being "thrown on the ground and having a gun pointed at me" by some out of control LEO.

    It could happen, but I don't believe it will in my area as ALL of the officers I've been in contact with have been professional and civil. Good conversations have happened in each event.

    So, I do open carry every day. It's my preferred way of carry and I'm perfectly comfortable with it. It does take a bit of getting used to if you've never done it, but like when you first start to conceal carry, you just get more comfortable as the weeks and months turn into years!

    Read the Florida statutes (fs 790.25) and know them cold. It solves a lot of problems. An informed citizen is an intelligent citizen.

    Saturday morning from 10am to noon I'll be at the Fort Myers Beach Fishing Pier open carrying and fishing. I'll also be riding the motorcycle to and from while open carrying. Stop on by if you're in the area. I'll be guy with the Glock 30 and a fishing rig!!

    AD
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    Regular Member Talesman's Avatar
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    Quote Originally Posted by shastadude17 View Post
    Also a valid point. It just goes to show how stupid and silly gun control is...it's like tax code, you just don't know which end is up and it's frustrating, full of loopholes, and double standards.
    Funny you mention the tax code.

    When I was in business for myself I had occasion to call the IRS a few times. One thing that stuck out in my mind when dealing with the agents is that as we went over the code - once the problem/question was addressed they stopped reading and the matter was adjudicated (by them) as being addressed/solved even though that particular tax section might go on for a few more paragraphs.

    Using that [federal] scheme - all one has to do is read (3) and stop at (a) Members of the Militia and ignore any posible contradictions in the balance of the text. LOL.

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Talesman View Post
    The immediate above post by Fallschirmjäger gives me pause.

    It is one of those sections of the law that most folks skim because they, themselves, have no military connection.

    Let's look at it a bit more closely. It's another section that is poorly written and certainly a bit confusing. Be that as it may. Can we start with one assumption and that is the folks so enumerated are exempt from both 790.053 Open carrying of weapons.— and 790.06 License to carry concealed weapon or firearm? I am not sure it really says that but it greatly alludes to it.

    If so then no living/breathing CITIZEN of Florida need worry about open carry nor getting a CC permit because F.S. 250.02 Militia.— reads as follows:
    (1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.
    (2) The organized militia is composed of the National Guard and any other organized military forces that are authorized by law.
    (3) The unorganized militia is composed of all persons who are subject to military duty but who are not members of units of the organized militia.
    (4) Only persons exempt from military duty by the terms of federal law are exempt from military duty in this state.

    Notice that 790.25 nowhere mentions the words "organized" nor "unorganized" it merely states "militia." A plain reading would seem not many would be exempt. Under federal law (per (4)) only a handful are exempt. 4-B's (elected officials and policy makers) and some felons (but not all felons) seem to escape military service either by the draft or by trying to volunteer.

    I am sure I am off base, but really, just how far away?
    Me thinks they wouldn't like someone using the law, as written, in their defense for a carry charge (open or concealed). It does however, appear that all ABLE BODIED (a little TINY bit more restrictive than "liveing and breathing") Florida citizens are militia and therefore exempt. God I love it when you can use their own written policies against them (whatever state or fed bureaucracy they may be).
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
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    Open carried to and from drill again this past weekend, again stopping at rest stops and gas stations along my route. My Glock 19 at no point jumped out of my Blackhawk Serpa holster and began hunting people down with extreme prejudice. At no point did a robber walk into 7/11 and shoot me first. At no point did people run away screaming. At no point did I come across or be harassed by law enforcement. At no point did I suddenly become an active shooter instead of a law abiding citizen. T'was a good day.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by shastadude17 View Post
    Open carried to and from drill again this past weekend, again stopping at rest stops and gas stations along my route. My Glock 19 at no point jumped out of my Blackhawk Serpa holster and began hunting people down with extreme prejudice. At no point did a robber walk into 7/11 and shoot me first. At no point did people run away screaming. At no point did I come across or be harassed by law enforcement. At no point did I suddenly become an active shooter instead of a law abiding citizen. T'was a good day.
    Very cool!

    My experiences have been identical every day!

    I wonder where the legislators actually get THEIR information from?

    Could it be that they just make it all up?

    AD (open carry Saturday is tomorrow!)
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    Quote Originally Posted by ADulay View Post
    Very cool!

    My experiences have been identical every day!

    I wonder where the legislators actually get THEIR information from?

    Could it be that they just make it all up?

    AD (open carry Saturday is tomorrow!)
    I wonder where the legislators actually get THEIR information from?
    If I recall correctly, it was the Florida Sheriff's Association and the Florida Retail Federation.










    Oh, and of course Hollywood!

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    Quote Originally Posted by notalawyer View Post
    If I recall correctly, it was the Florida Sheriff's Association and the Florida Retail Federation.
    Neither of which had anything more than speculative fears. I'm still waiting for the shootouts to start in Oklahoma.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by randian View Post
    Neither of which had anything more than speculative fears. I'm still waiting for the shootouts to start in Oklahoma.
    Yep. Make up some fantasy scenario. Scare the "citizens" and the people doing the legislative voting, and it all falls into place.

    You can't have any facts standing in the way of the anti-gun juggernaut!!

    AD (open carry advocate and practitioner)
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  18. #18
    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by notalawyer View Post
    If I recall correctly, it was the Florida Sheriff's Association and the Florida Retail Federation.










    Oh, and of course Hollywood!
    You recall correctly...but it was the FRF and their paid-for mouth piece that got the bill gutted.
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    I say we all just stop paying our taxes, open carry everywhere all the time, and smoke in airplane bathrooms. They can't stop all of us

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