now how are you gonna catch fish?
I never thought my first ever post would be about this subject.
I was planing an open carry fishing trip for me and the wife to celebrate our anniversary and thought, hey I wonder what the BCSO (Brevard County Sheriff's Office) thinks of open carry fishing? I contacted the BCSO in writing and asked if their department was familiar with F.S. 790.25(3)(h) fishing activity. This is part of their written response.
A Lieutenant with the Brevard County Sheriff's office responded ......."While 790.25(3)(h) allows person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition to possess a firearm it does not enable a person to carry a weapon anywhere they want openly, particularly in urban and suburban areas where others are present. You may also wish to review FSS 810.09 (2) which identifies the offense of armed trespass as a 3rd Degree Felony and FSS 877.03 regulating Breach of the Peace / Disorderly Conduct, a 2nd degree misdemeanor. "
I don't want to end up spending the night as a guest in the hoosegow! So I guess I should postpone the trip and try to educate the BCSO somehow, any suggestions?
My forehead hurts!!!!!!
now how are you gonna catch fish?
Last edited by MAC702; 05-16-2013 at 07:49 PM.
"It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip
Second, the Lt. is an idiot!
Third, you should forward that to the County Attorney.
Fourth, ask the stupid Lt. how someone peaceably following the law could possibly be guilty of Disorderly Conduct.
Fifth, tell the idiot that if one is fishing, camping or hunting, or going to or from, that 790.23(3)(h) by the very clear language contained therein does in fact "enable a person to carry a weapon anywhere they want openly, particularly in urban and suburban areas where others are present." Baring any other statutes that prohibits firearms specifically. And that it also painfully obvious to even an elementary school child that this section does not permit you to go anywhere where it would be unlawful even without the gun.
Sixth, ask him why he would even bring up the trespass statute?
Seventh, refer the stupid Lt. to Florida Supreme court ruling regarding the disordley conduct statute. Such as State v. Saunders, 339 So. 2d 641 (Fla. 1976), and Fields v. State, Fla: Dist. Court of Appeals, 3rd Dist. 2009
Eighth, ask the idiot if he understands what a 1983 Civil Rights violation lawsuit consists of.
Finally, ignore the idiot and enjoy your Open Carry Anniversary Fishing Trip
Last edited by notalawyer; 05-16-2013 at 09:11 PM. Reason: typo
Just to be clear and to not confuse future readers of this post..... I never asked the LEO for a legal opinion. My inquiry was about any training the BCSO deputies received about the legal activity and how deputies would respond to the MWAG call while confronting citizens engaged in the legal activity of open carry fishing. It is quite evident the LEO considers the activity to be illegal.. I will be happy to post the entire correspondence, it may or may not help....I'm thoroughly disgusted at public servants with this type of attitude.
Yes, I've been stopped. No, I have not had any problems resulting from it.
The person you spoke with does not understand the statute and besides that, you cannot be "charged" with disturbing the peace or whatever they want to call it because you're performing a PERFECTLY LEGAL ACT.
Most people just talk on the internet about this stuff. I practice it ON A DAILY BASIS so there should be no thoughts of lumping my statements in with the keyboard commandos that like to boast about all the things they would do in my situation.
Open carry while fishing, hunting, camping and shooting (and going to and from) are legal as defined by Florida statute 790.25.(3)(h) and (j).
Be polite to the officer, should you be stopped or questioned as it's obviously not a common sight for most people. All officers have access to a computer in car these days and can pull up the appropriate statute in a few seconds, especially if you tell them what it is!!
AD (open carry advocate and full time practitioner)
NRA Life - AMA Life - ABATE Life
Viet-Nam Helicopters Pilots Assn - Life
IDPA and USPSA carry gun shooter - Glock Armorer
NRA Certified Instructor
Pretty disturbing, but not surprising. The law enforcement community here in FL despise open carry...and a lot of the time concealed carry.
Is it plausible that modern American man could have survived without the invention of LEO's?
The above line seems rather innocuous to me. I don't get the offense you are taking, but I'm sure I have not read "the rest of the story" (such as the full text of either your initial inquiry, or the response.)it does not enable a person to carry a weapon anywhere they want openly, particularly in urban and suburban areas where others are present.
I don't get where you think they are trying to tell you that one cannot carry while engaged in the mentioned activities, or while in transit to and from. In fact, the letter actually acknowledges that you can. The phrase "anywhere they want" has some pretty broad-spectrum interpretation, which may (and probably does) include places not "in transit to or from". I know when I go shooting, there are quite a few places I'd like to stop at while I'm out, and many of them I don't even see as being on the route of "in transit to and from." I think the letter is more cautionary than threatening, from what you edited for us, at least.
Any suggestions? Yeah. Go on your trip, and enjoy it. Stay within the limits of the law, and forget about the idea of "educating the BCSO." Nothing in what you quoted was in contrast with the law, and that phrase of "anywhere they want" is why.
Last edited by MedWheeler; 05-20-2013 at 09:11 PM.
[QUOTE]it does not enable a person to carry a weapon anywhere they want openly, particularly in urban and suburban areas where others are present. [/QUOTE
This is my thought on that particular part of BCSO response
I know of a few fishing holes in urban and suburban areas where others are present. I would have to forgo those spots based on his interpretation. If the body of water is legally open to the activity, the Lieutenant's restricted "urban or suburban location" should not prevent the activity nor the open carry act while going to or returning from "where others are present"..
Maybe my reasoning and comprehension is lacking.
I intend to take the wife fishing....