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Thread: Open carry when stopping for gas ?

  1. #1
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    Open carry when stopping for gas ?

    So law permits open carry when traveling to or from fishing, correct?

    What if I stop to gas up and maybe go in to get a soda? Any case law on this?

    I would think it is legal as statute does not specify "no stops along the way"

    Not looking to be the experimental citizen just curious what has occurred in past?

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    You can only open carry while traveling to go fishing? Is this a Florida law?

    That is crazy stupid.

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    Campaign Veteran MAC702's Avatar
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    I BELIEVE I've read several stories about several in FL who are always traveling to go fishing, so I think you are correct. I'm sure the Floridians will be by shortly to confirm. Now, how successful it is, I don't know; and it will likely vary throughout FL.
    Last edited by MAC702; 09-24-2015 at 11:53 AM.
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    Moderator / Administrator Grapeshot's Avatar
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    In Florida, you can legally open carry a loaded firearm while engaged in, or going to and from, Fishing, Hunting, and Camping.
    http://www.open-carry.org/


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    Last edited by Grapeshot; 09-24-2015 at 12:06 PM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Regular Member ADulay's Avatar
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    We have had this question asked several times and the "answer" usually turns out to be that it would not be prudent to make a stop, while open carrying, between the start of your fishing expedition (or hunting or camping or shooting) and the destination.

    The problem with the statute, as it is written, is there in no definition of the word "expedition" to be found anywhere in the statutes!

    Although I have pulled into the far fuel pumps at night while open carrying on the motorycycle, I did make sure I was out of "normal view" of anyone at the time.

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by travr6 View Post
    You can only open carry while traveling to go fishing? Is this a Florida law?

    That is crazy stupid.
    You'll have to try to be more specific with your comment.

    Is it crazy stupid because we have to use an odd statute in order to exercise our 2nd Amendment rights or is it something else?

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    Quote Originally Posted by ADulay View Post
    You'll have to try to be more specific with your comment.

    Is it crazy stupid because we have to use an odd statute in order to exercise our 2nd Amendment rights or is it something else?

    AD
    That's what I am asking. Can you not open carry in Florida? Can you with a conceal permit? Can you only do it if you say you are fishing?

    I don't understand not being from Florida. I apologize for my ignorance

  8. #8
    Regular Member The Truth's Avatar
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    The law is similar in South Carolina. I fully plan on OCing as long as I am on my way to or on my way back from deer hunting. IMO SC and FL are not the most ideal places to push boundaries, but also IMO the boundary is reasonably clear. If I'm on my way to the woods it's ok for me to OC my handgun. The burden of proof is on the state to prove I'm not on the way to the hunt club. Wear a camo shirt and boots and have your valid hunting license handy and it's really an inarguable claim to make.

    "Sir, where are you headed?"

    "Hunting."

    "OK, have a nice day."
    Last edited by The Truth; 09-24-2015 at 11:30 PM. Reason: accidental space
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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
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    Quote Originally Posted by The Truth View Post
    The law is similar in South Carolina. I fully plan on OCing as long as I am on my way to or on my way back from deer hunting. IMO SC and FL are not the most ideal places to push boundaries, but also IMO the boundary is reasonably clear. If I'm on my way to the woods it's ok for me to OC my handgun. The burden of proof is on the state to prove I'm not on the way to the hunt club. Wear a camo shirt and boots and have your valid hunting license handy and it's really an in arguable claim to make.

    "Sir, where are you headed?"

    "Hunting."

    "OK, have a nice day."
    Or, don't go anywhere without a fishin' pole

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    Regular Member The Truth's Avatar
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    Quote Originally Posted by Dario View Post
    Or, don't go anywhere without a fishin' pole
    Seems reasonable! I think the valid hunting license is key. There's needs to be zero evidence to support your claim other than you're hunting lawfully because there would presumably be just as much evidence to the contrary.
    Sic semper evello mortem tyrannis.

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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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    As has been stated, open carry is generally unlawful in Florida. - Long story, don't ask but it's all BS politics led by the 2nd Amendment 'supporting', lying scumbags of the Florida Sheriff's Associations.

    There are several exceptions like at home or work, at or going to from the range, camping, fishing, or hunting.

    Since most hunting takes place outside urban, liberal, ****-holes, it's generally not a problem. I've often carried when going in 'town' to stock up on ice/food/gas/etc while hunting for extended periods. Talked to many LEO/FWC and the pistol on my hip was never mentioned. In parts of the state (again, outside urban, liberal ****-holes) it is very common to see long guns in the back windows of pickups year-round.

    But no, there is no case law, and the law has been in place for about 50 years. So that means that no one ever does it (which is false); no one is ever arrested for it; no one is ever prosecuted; or no one is ever convicted and appeals.


    Having said all that, I personally would not open carry and stop for gas on the way to go hunting/fishing/camping, but have no problem doing so while hunting/fishing/camping.

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    Quote Originally Posted by Grapeshot View Post
    In Florida, you can legally open carry a loaded firearm while engaged in, or going to and from, Fishing, Hunting, and Camping.
    http://www.open-carry.org/


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    So, OC'ing while Hiking from one campsite to another without hunting or fishing would be a violation of the law! I don't like Florida's current law on this.... but that is not a new opinion of mine!
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    Quote Originally Posted by JoeSparky View Post
    So, OC'ing while Hiking from one campsite to another without hunting or fishing would be a violation of the law! I don't like Florida's current law on this.... but that is not a new opinion of mine!
    No. You are going to one campsite while coming from another. Both activities are legal.

  14. #14
    Moderator / Administrator Grapeshot's Avatar
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    Originally Posted by JoeSparky

    So, OC'ing while Hiking from one campsite to another without hunting or fishing would be a violation of the law! I don't like Florida's current law on this.... but that is not a new opinion of mine!
    Quote Originally Posted by notalawyer View Post
    No. You are going to one campsite while coming from another. Both activities are legal.
    Na same 'tivity.
    Last edited by Grapeshot; 09-25-2015 at 04:37 AM.
    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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    Quote Originally Posted by travr6 View Post
    That's what I am asking. Can you not open carry in Florida?
    No you can not.

    Quote Originally Posted by travr6 View Post
    Can you with a conceal permit?
    No.

    Quote Originally Posted by travr6 View Post
    Can you only do it if you say you are fishing?
    Yes, along with hunting and camping or going to and from each.

    Quote Originally Posted by travr6 View Post
    I don't understand not being from Florida. I apologize for my ignorance
    Not a problem. Most Floridians don't understand or even know about it!

    With that said, there are many of us who do exercise our rights, at least according to the Florida statutes, to open carry whenever we legally can.

    Hopefully Constitutional Carry will become law in the future.

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    Moderator / Administrator Grapeshot's Avatar
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    Originally Posted by travr6

    That's what I am asking. Can you not open carry in Florida?
    Quote Originally Posted by ADulay View Post
    No you can not.
    --sniped--
    Think you mean "Yes you cannot."
    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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    That is asinine. It doesn't say what you have to be hunting.

    I am always hunting for a good deal.

    Sometimes I forget how good have it being in a pro 2nd amendment state like ky.

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    Travr6, I don't think anybody here disagrees with your opinion on the subject. Do what I've done a few times and write the state of Florida about it.

    Meanwhile, it is a good idea to know how, and own the holster/clothing needs to carry concealed when the vagaries of certain local or state laws require it. You may also find there are times to do so by choice even when in an OC friendly place like Kentucky.Always good to have options.
    Last edited by Brian D.; 09-26-2015 at 07:03 PM.

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    Quote Originally Posted by Brian D. View Post
    Travr6, I don't think anybody here disagrees with your opinion on the subject. Do what I've done a few times and write the state of Florida about it.

    Meanwhile, it is a good idea to know how, and own the holster/clothing needs to carry concealed when the vagaries of certain local or state laws require it. You may also find there are times to do so by choice even when in an OC friendly place like Kentucky.Always good to have options.
    You wrote to the state of Florida? Who exactly?

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    Regular Member Mas49.56's Avatar
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    Quote Originally Posted by notalawyer View Post
    No. You are going to one campsite while coming from another. Both activities are legal.
    You may be right in theory, but I can almost guarantee you will be harassed or stuffed and cuffed at the campgrounds around here in Florida. We walked the trail and swinging bridge from the bear lake campground, to the Krull lake campground to go to the Munson Heratage festival last year. Almost time for it again. I'm glad I was CC, because their were cops everywhere and according to the web site they can preempt Florida law and ban all firearms at the campground during the festival and suspend the camping open carry part of the law. The web page says it's the state banning all firearms!

    http://www.munsonheritagefestival.com/home
    Last edited by Mas49.56; 09-27-2015 at 08:42 AM.

  21. #21
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Mas49.56 View Post
    You may be right in theory, but I can almost guarantee you will be harassed or stuffed and cuffed at the campgrounds around here in Florida. We walked the trail and swinging bridge from the bear lake campground, to the Krull lake campground to go to the Munson Heratage festival last year. Almost time for it again. I'm glad I was CC, because their were cops everywhere and according to the web site they can preempt Florida law and ban all firearms at the campground during the festival and suspend the camping open carry part of the law. The web page says it's the state banning all firearms!

    http://www.munsonheritagefestival.com/home
    Think that there is a major ka-ching in somebody's future there.
    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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    I just sent an email to the "contact" (munsonfestival@yahoo.com) for the Munson festival to get a confirmation of the "State Park Law" that makes firearms illegal at their venue.

    I report back when I get an answer.

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  23. #23
    Regular Member Mas49.56's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Think that there is a major ka-ching in somebody's future there.
    LOL Yep! I don't see how they can enforce the ban legally.

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    Quote Originally Posted by notalawyer View Post
    You wrote to the state of Florida? Who exactly?
    Various state legislators a few times. First time or two was pre internet so used good old snail mail. Got those "Thanks for expressing your interest in..." generic replies to both mail and e-mail.

  25. #25
    Regular Member ADulay's Avatar
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    Quote Originally Posted by ADulay View Post
    I just sent an email to the "contact" (munsonfestival@yahoo.com) for the Munson festival to get a confirmation of the "State Park Law" that makes firearms illegal at their venue.

    I'll report back when I get an answer.

    AD
    Got an email back. Here's the contents. I have called the person/number listed but got voice mail for the time being.

    I did research a lot of the Florida Forest Service website but I don't see anything about firearms control there.

    AD (it's not my spelling error, it's from THEIR side)


    -------------------------------------------------------------------------------------------
    That is a Florida Forest Service rule that was given to the Festival. You will need to call the Florida Forest Service about this, there number is 850-957-5701 ask for David Creamer.

    Marshall Fuqua
    Chairman of the Munson Hertiage Festival
    munsonfestival@yahoo.com
    --------------------------------------------------------------------------------------------
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