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Thread: Almost a criminal, glad I checked first..

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    Regular Member 2OLD2W8's Avatar
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    Almost a criminal, glad I checked first..

    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!!!!!!

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    now how are you gonna catch fish?

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by 2OLD2W8 View Post
    ... armed trespass as a 3rd Degree Felony and FSS 877.03 regulating Breach of the Peace / Disorderly Conduct, a 2nd degree misdemeanor...
    What's to educate them about? They just put in writing that you will be doing nothing wrong.

    Unless, of course, you were planning on trespassing or breaching the peace at some point, neither of which is caused by legally carrying a firearm.
    Last edited by MAC702; 05-16-2013 at 08:49 PM.
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    Quote Originally Posted by 2OLD2W8 View Post
    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!!!!!!
    First, you should never ask a LEO for a legal opinion.

    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 10:11 PM. Reason: typo

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    Regular Member 2OLD2W8's Avatar
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    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.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by 2OLD2W8 View Post
    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.
    Just for the record, I've been stopped for "open carry" while doing the fishing thing. Actually I was coming back from fishing and the officer understood the law, we discussed fishing and I was sent on my way. The four times (in three years) that I have been stopped have resulted in some good conversation and one officer learning what paragragh (J) is for.

    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)
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    Campaign Veteran StogieC's Avatar
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    This response by BCSO is very disturbing. They're attempting to scare and intimidate in order to keep people from engaging in lawful activity. We're getting the Florida Carry legal team in to this issue.

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    Campaign Veteran StogieC's Avatar
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    2OLD2W8, please email me the correspondence with BCSO.

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    Regular Member 2OLD2W8's Avatar
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    Quote Originally Posted by StogieC View Post
    2OLD2W8, please email me the correspondence with BCSO.
    No problem, would be happy to forward the dialogue. However, I'm new to this computer forum stuff and dang it I can't find your email address anywhere.

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    Pretty disturbing, but not surprising. The law enforcement community here in FL despise open carry...and a lot of the time concealed carry.

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    Regular Member 2OLD2W8's Avatar
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    Is it plausible that modern American man could have survived without the invention of LEO's?

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    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by 2OLD2W8 View Post
    No problem, would be happy to forward the dialogue. However, I'm new to this computer forum stuff and dang it I can't find your email address anywhere.
    sean@floridacarry.org
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    scott.whigham@floridacarry.org

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    Regular Member 2OLD2W8's Avatar
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    Quote Originally Posted by rvrctyrngr View Post
    Thanks for the contact info.... Sean has already reached out to me. I should have noted that in a follow up reply to this thread. Please excuse my oversight.

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    it does not enable a person to carry a weapon anywhere they want openly, particularly in urban and suburban areas where others are present.
    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.)

    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 10:11 PM.

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    Regular Member 2OLD2W8's Avatar
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    [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....

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