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Florida open carry while fishing

Sritt1020

New member
Joined
Apr 14, 2014
Messages
5
Location
Florida
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!!
 

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,467
Location
Dallas
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.:lol:
 

Sritt1020

New member
Joined
Apr 14, 2014
Messages
5
Location
Florida
http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0790/Sections/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.
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
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
 

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
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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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Werid, I OC in Texas all the time...

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.
 

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,467
Location
Dallas
You cannot OC handguns in Texas unless you are police or on your own property.

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ixtow

Founder's Club Member
Joined
Nov 25, 2006
Messages
5,038
Location
Suwannee County, FL
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.
 
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Primus

Regular Member
Joined
Oct 24, 2013
Messages
3,939
Location
United States
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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notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
I'm assuming he didn't mean black powder stuff.

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OK.

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

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I'm assuming he didn't mean black powder stuff.

Sent from my XT907 using Tapatalk

That'll cost you extra.
no-not-me-smiley-emoticon.gif
 

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,467
Location
Dallas
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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Jayne&Vera

Regular Member
Joined
Nov 19, 2012
Messages
52
Location
NEOK
That'll cost you extra.
no-not-me-smiley-emoticon.gif

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?
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
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.
 
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