Open carry when stopping for gas ?

drjay9051 · Sep 24, 2015

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?

travr6 · Sep 24, 2015

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

That is crazy stupid.

MAC702 · Sep 24, 2015

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.

Grapeshot · Sep 24, 2015

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/

600

ADulay · Sep 24, 2015

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.

AD

ADulay · Sep 24, 2015

travr6 said:
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?

AD

travr6 · Sep 24, 2015

ADulay said:
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

The Truth · Sep 24, 2015

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."

Dario · Sep 24, 2015

The Truth said:
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

The Truth · Sep 24, 2015

Dario said:
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.

notalawyer · Sep 24, 2015

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.

JoeSparky · Sep 24, 2015

Grapeshot said:
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/

600

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!

notalawyer · Sep 25, 2015

JoeSparky said:
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.

Grapeshot · Sep 25, 2015

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!

notalawyer said:
No. You are going to one campsite while coming from another. Both activities are legal.

Na same 'tivity.

ADulay · Sep 25, 2015

travr6 said:
That's what I am asking. Can you not open carry in Florida?

No you can not.

travr6 said:
Can you with a conceal permit?

No.

travr6 said:
Can you only do it if you say you are fishing?

Yes, along with hunting and camping or going to and from each.

travr6 said:
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.

AD

Grapeshot · Sep 25, 2015

Originally Posted by travr6

That's what I am asking. Can you not open carry in Florida?

ADulay said:
No you can not.
--sniped--

Think you mean "Yes you cannot."

travr6 · Sep 25, 2015

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.

Brian D. · Sep 26, 2015

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.

notalawyer · Sep 26, 2015

Brian D. said:
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?

Mas49.56 · Sep 27, 2015

notalawyer said:
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

Open carry when stopping for gas ?

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