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Thread: Florida open carry while fishing

  1. #1
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    Thumbs up Florida open carry while fishing

    I am a new member, but I have been following open carry for some time now. I open carry (while fishing) three to four times a week and have had my fair share of experiences with law enforcement. At times the four to six officers tried bullying or just out right had no idea of the 790.25 (3)(h) statute. To give people new to open carry a step by step overview of what to expect when approached by an officer, it would go a little something like this. It immediate starts with them flexing their lack of knowledge of the law and Iding you, followed by illegal detainment, and finally ending with them seizing your firearm. A lengthy argument of statutes ensues, followed by a request to have the officer's supervisor called. Supervisor comes, has a discussion with the officer and he/she returns your property with no recourse to the officer for violating your rights. With that said, it is imperative that you know the law before embarking on your fishing trip. You must also be aware of your surroundings. If there is a "no trespassing sign" anywhere near you (under a bridge,ect.) get away from that area or the officer will cite you. Keep in mind you just made them look like idiots and if they can get you on something they will. Not all of my experiences have been bad. The only ones I do count as good, were when a squad car pulls up and views me fishing for a minute or two and then leaves. Remember, a right not exercised is a right lost!!

  2. #2
    Regular Member HPmatt's Avatar
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    So is it easier to shoot fish with a 22 or 9mm?
    In Texas you can't OC, but the game wardens prefer 20# line.
    “Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

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    Moderator / Administrator Grapeshot's Avatar
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    If I recall correctly going to and from camping and hunting are opportunities to OC also.

    (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
    http://www.leg.state.fl.us/Statutes/...s/0790.25.html

    Last edited by Grapeshot; 04-14-2014 at 03:51 PM. Reason: fixed it
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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    http://www.leg.state.fl.us/Statutes/...s/0790.25.html

    790.25 (3)(H) A person engaged in fishing, camping,or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition.
    790.25 (3)(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.
    Also worth mentioning is that state law supersedes all local ordinances pertaining to above statues. They tried to get me on the state park crap one time. Make sure you are not 1,000 feet from a school and do not night fish in places that close at dusk. Don't give them an actual reason to Terry stop you.
    Last edited by Sritt1020; 04-14-2014 at 05:30 PM.

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    Regular Member ADulay's Avatar
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    Sritt,

    Yep, when I first started open carrying on a daily basis, there were a "few" of the local LEO's who didn't full understand the law and I did get stopped from time to time. After a few minutes of discussion, I was generally sent back on my way, still open carrying. The stops in traffic are few and far between now. (I'm on a bike or motorcycle).

    There have been two who decided it's time to play "Joe Friday" and start the grilling process. I just answer their questions and let them do all the talking. Once they run out of things to "challenge", they'll also go away.

    They may not like having you open carry, but it's the law and it's on your side.

    Now, almost ALL of the LEO's I've dealt with over the years have been very good and did a nice job. Only one or two had an attitude and that can usually be taken care of by just being quiet. Keep the conversation to a minimum and just answer the inevitable questions calmly and quietly.

    AD
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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by HPmatt View Post
    So is it easier to shoot fish with a 22 or 9mm?
    In Texas you can't OC, but the game wardens prefer 20# line.
    Werid, I OC in Texas all the time...
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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    Regular Member ADulay's Avatar
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    Is tow,

    As I'll be running in and around Texas in May, can you point me to any of the Texas statutes where it allows open carry? I know there is a pretty big push for it with the Texas groups, but had thought that it wasn't a "done deal" yet. If it is OK, this will make my two weeks MUCH easier to deal with.

    Thanks.

    AD


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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ixtow View Post
    Werid, I OC in Texas all the time...
    Quote Originally Posted by ADulay View Post
    Is tow,

    As I'll be running in and around Texas in May, can you point me to any of the Texas statutes where it allows open carry? I know there is a pretty big push for it with the Texas groups, but had thought that it wasn't a "done deal" yet. If it is OK, this will make my two weeks MUCH easier to deal with.

    Thanks.

    AD

    Sent from my Glock Range Bag iPad using Tapatalk and a screwdriver
    Think private property or long gun, maybe mix in a little ball and cap. All things are not always as they seem - answers can be riddles too.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  9. #9
    Regular Member HPmatt's Avatar
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    You cannot OC handguns in Texas unless you are police or on your own property.

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    “Men live without other security than what their own strength and their own invention shall furnish them"
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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by ADulay View Post
    As I'll be running in and around Texas in May, can you point me to any of the Texas statutes where it allows open carry? I know there is a pretty big push for it with the Texas groups, but had thought that it wasn't a "done deal" yet. If it is OK, this will make my two weeks MUCH easier to deal with.
    Show me the law that gives you permission to breathe? Can't cite to authority on that one? Well, you better stop breathing...

    I OC in TX every time I go there. And in GA with no permit... Grapesnot covered it. TTFN.
    Last edited by ixtow; 04-20-2014 at 07:53 PM.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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    Regular Member Primus's Avatar
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    Quote Originally Posted by ixtow View Post
    Show me the law that gives you permission to breathe? Can't cite to authority on that one? Well, you better stop breathing...

    I OC in TX every time I go there. And in GA with no permit... Grapesnot covered it. TTFN.
    Grapesnot? A typo or a shot?

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Primus View Post
    Grapesnot? A typo or a shot?

    Sent from my XT907 using Tapatalk
    Has been known to be, but it is a cheap typo.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by HPmatt View Post
    You cannot OC handguns in Texas unless you are police or on your own property.

    Sent from my SAMSUNG-SM-G900A using Tapatalk
    Define handguns.

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    Regular Member Primus's Avatar
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    Quote Originally Posted by notalawyer View Post
    Define handguns.
    I'm assuming he didn't mean black powder stuff.

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    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Quote Originally Posted by Primus View Post
    I'm assuming he didn't mean black powder stuff.

    Sent from my XT907 using Tapatalk
    OK.

    Also you reply seemed very definitive. Are you sure there are no other locations/activities where open carry of pistols is allowed?

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Has been known to be, but it is a cheap typo.
    Lols, typo.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
    http://edhelper.com/poetry/The_Hangm...rice_Ogden.htm

    https://gunthreadadapters.com

    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Primus View Post
    I'm assuming he didn't mean black powder stuff.

    Sent from my XT907 using Tapatalk
    That'll cost you extra.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member HPmatt's Avatar
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    Not sure if a Blunderbus, Boarding gun, or swivel gun is legal - p-haps defined as a long gun or black powder pre-1900, but any gun you would not mind carrying IWB is not legal to OC - yet - in Texas

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    Question

    Quote Originally Posted by Grapeshot View Post
    That'll cost you extra.
    Being relatively new to this board I don't understand whatever that inside joke was, so I would just like to refocus on ADulay's question. From what I understand Kansas always recognized constitutional open carry but you have to get a permit for concealed. Oklahoma has had a concealed permit for some years then changed it to recognize open as well. Texas doesn't recognize open Cary as legal.
    What's the catch here?

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    Quote Originally Posted by Jayne&Vera View Post
    Being relatively new to this board I don't understand whatever that inside joke was, so I would just like to refocus on ADulay's question. From what I understand Kansas always recognized constitutional open carry but you have to get a permit for concealed. Oklahoma has had a concealed permit for some years then changed it to recognize open as well. Texas doesn't recognize open Cary as legal.
    What's the catch here?
    Assuming....it will get you in trouble every time.

    As for Texas, open carry of long guns is legal. Open carry of things that are not firearms is legal. For example, antique firearms are not legally firearm.

  21. #21
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by notalawyer View Post
    Assuming....it will get you in trouble every time.

    As for Texas, open carry of long guns is legal. Open carry of things that are not firearms is legal. For example, antique firearms are not legally firearm.
    http://opencarrytexas.wordpress.com/tag/black-powder/
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Did you feel my reply needed clarification?

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    Quote Originally Posted by notalawyer View Post
    Did you feel my reply needed clarification?
    Not at all - just lending a hand for the sake of others.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member ADulay's Avatar
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    All,

    Sorry to stir up a slight hornet's nest with my question about Texas open carry.

    I probably should have rephrased the question and asked if carrying a realistic self-defense (post civil war) semi-automatic sidearm, openly, was allowed in Texas.

    The answer, as of today, is obviously no, but hopefully that will change in the near future.

    The semantics of whether or not I need a license/permit to do things that are constitutionally valid is not the point.

    I think we've answered my original question.

    AD (if it's Monday, I'm off to the range, open carrying, of course)


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    Quote Originally Posted by ADulay View Post
    All,

    Sorry to stir up a slight hornet's nest with my question about Texas open carry.

    I probably should have rephrased the question and asked if carrying a realistic self-defense (post civil war) semi-automatic sidearm, openly, was allowed in Texas.

    The answer, as of today, is obviously no, but hopefully that will change in the near future.

    The semantics of whether or not I need a license/permit to do things that are constitutionally valid is not the point.

    I think we've answered my original question.

    AD (if it's Monday, I'm off to the range, open carrying, of course)


    Sent from my Glock Range Bag iPad using Tapatalk and a screwdriver
    Well, we don't expect too much out of our Florida Open Carry activists, so you are excused.

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