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Thread: Open Carry Florida

  1. #1
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    Open Carry Florida

    Is it legal to open carry a gun on your own private property in Florida?

    Like in the front or rear yard?

    RR

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    I open carry all the time , usually in the kitchen hallway and bathroom. Just kidding weed wacker. Back in the old days when I hung out with this fella named Moses. We figured that if we had to ask it was more than likely a common sense issue.


    Semper Fi

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by rocket2004 View Post
    Is it legal to open carry a gun on your own private property in Florida?

    Like in the front or rear yard?

    RR
    yes

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by captrickmoisa View Post
    I open carry all the time , usually in the kitchen hallway and bathroom. Just kidding weed wacker. Back in the old days when I hung out with this fella named Moses. We figured that if we had to ask it was more than likely a common sense issue.


    Semper Fi
    Welcome aboard cap. Moses speaks fondly of you.

    There is little common sense found in the laws that restrict how good people exercise RKBA and criminals don't obey the law.
    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 captrickmoisa View Post
    I open carry all the time , usually in the kitchen hallway and bathroom. Just kidding weed wacker. Back in the old days when I hung out with this fella named Moses. We figured that if we had to ask it was more than likely a common sense issue.


    Semper Fi
    Thanks for nothing...

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

    790.25 (2)(n)

    (n) A person possessing arms at his or her home or place of business;

    So so you can open carry inside your home or business, this should also apply to your curtilige, the vauge area directly around your home.

    https://en.m.wikipedia.org/wiki/Curtilage

    does it apply to the back 40 acres of your land? The piece of property you own down the road but do not live on? The city/county/utility easement along the road? I don't know.

    I live in the country on 6 acres, heavily forested, so I do open carry, should I ever be asked for some odd reason I was on my way to target practice at my private range on the back of the property.

    Most of my county is hunting lease, swamp, or timber land, The sheriff's office here is unlikely to give trouble unless you are a known criminal and they need something to throw at you.


    I am not a lawyer, this advise is not legal advise and whatever it is, is worth about what you paid for it.

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    Last edited by Raventai; 06-04-2016 at 09:55 AM.

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    Founder's Club Member ixtow's Avatar
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    It could apply to land that is not your home, if you were there for the purpose of, going there for the purpose of, or returning from hunting, camping, fishing, or target shooting in that place...

    I live on 5 acres, it is my home. the only reason I don't OC is because there's a loaded gun within reach at all times. I have lots of guns...

    There are fishing opportunities in pretty much every direction. I can throw rocks at the Suwannee River. There's an entrance to a spring where all the neighbors like to loaf around and go fishing about 1 mile away.

    I don't use that as an excuse to OC everywhere I go, and try that as a ploy if a cop attacks... Though I probably could get away with it.

    I do have a paracord "survival" bracelet with fishing gear built into it, so that if some d!ckbag special snowflake SJW cop wants to go full retard, I will have an out to hand to the judge (if I live that long) beyond the CWP permit that has been invalidated by the word "brief" and the fact that it is merely an affirmative defense even if it were not invalidated. It's nothing more than a (probably flimsy) secondary affirmative defense that I made for myself since the CWP will not help if the "brief" argument is being used to nullify it. Just being prepared in what minor way I can... Always have a plan B, even if it sucks.

    CWP invalid as an affirmative defense because someone said "not brief."
    But, your honor, I have another affirmative defense that's totally unrelated! Maybe. I hope...

    Floriduh's cop environment is full of dirty cops who couldn't get hired anywhere else. think about that. They're so dirty, that even the NYPD and the LAPD don't want them... They couldn't even get hired in New Jersey! They want the job for all the wrong reasons. Not the least of which is strutting about showing off the shiny badge of state power that they present as the manliness they are unable to achieve on their own. The gun accessorizes their faux-macho, and they really, really hate the idea of a "common peasant" showing anyone that it's just not that big of a deal... You can never be too careful with people who are that screwed up and inherently unstable due to not being anywhere near secure in their own masculinity. The chick cops are even worse. I'm not sure how they manage to stand up and walk around with the size of the chips on their shoulders. But, as a control on that metric, I do tend to antagonize them by flirting with them when they expect, and even order, me to be afraid of them... I actually had one scream "fear me" as I winked....

    If you chose to take this as legal advice, you'd be on pretty solid footing. But, I did not provide it as such. ;-)
    Last edited by ixtow; 06-04-2016 at 12:22 PM.
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    Regular Member hammer6's Avatar
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    Quote Originally Posted by NavyLCDR View Post
    Citation please?
    no citation....if it's not "illegal", then by default, it is legal.

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    Quote Originally Posted by rocket2004 View Post
    Is it legal to open carry a gun on your own private property in Florida?

    Like in the front or rear yard?

    RR
    I asked a similar question sometime back and the response was underwhelming.

    Instead of relying on answers here, you would be better off searching the case law for Florida in the state courts and the Federal court decisions as they apply to Florida state law. Here are a couple of free online databases:

    https://scholar.google.com/ - Google Scholar
    https://www.ravellaw.com/ - Ravel law

    An example as to how convoluted the law can be from California is this Catch-22. In California, if you live in an incorporated city or unincorporated county territory where the discharge of a firearm is prohibited then it is illegal to carry a loaded firearm in a public place and has been since 1967. The 1967 ban provided an exemption which says that one can "have" a loaded firearm on his property but in 1976 the California courts decided that "have" does not mean "carry" and since California considers even the curtilage of one's home to be a "public place," once you step outside the door of your home with a loaded firearm you are in violation of the law.

    People v. Overturf, 64 Cal. App. 3d 1 - Cal: Court of Appeal 1976 - https://scholar.google.com/scholar_c...63154400806687

    In recent years the California courts have created an exception for those properties surrounded by a non-cosmetic, tall, sturdy barrier to entry by the public. How tall must the fence or other substantial barrier be? The courts don't say. What constitutes "sturdy"? The courts don't say. Does that exception apply to all California appellate districts? We don't know.

    People v. Strider, 177 Cal. App. 4th 1393 - Cal: Court of Appeal, 2nd Appellate Dist., 3rd Div. (2009) - https://scholar.google.com/scholar_c...46215002445785
    Last edited by California Right To Carry; 06-05-2016 at 12:43 AM. Reason: Added citations
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

  10. #10
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    Quote Originally Posted by hammer6 View Post
    no citation....if it's not "illegal", then by default, it is legal.
    Quite true. Until you are charged with violating a law which does not apply to your circumstance and the courts expand the scope of the crime to cover your circumstance. That happened in California in 1976 when the California courts decided that the exemption for having a loaded firearm on your property does not mean you can carry a loaded firearm on your property -> https://scholar.google.com/scholar_c...63154400806687 - People v. Overturf, 64 Cal. App. 3d 1 - Cal: Court of Appeal (1976)
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

  11. #11
    Regular Member hammer6's Avatar
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    Quote Originally Posted by California Right To Carry View Post
    That happened in California in 1976 when the California courts decided that the exemption for having a loaded firearm on your property does not mean you can carry a loaded firearm on your property
    notice that there was an "exemption".... that means that it can be interpreted to mean something since it is written on paper.

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    Regular Member California Right To Carry's Avatar
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    Quote Originally Posted by hammer6 View Post
    notice that there was an "exemption".... that means that it can be interpreted to mean something since it is written on paper.
    The California court of appeals "interpreted" the exemption right out of existence.

    "It is ironic that the person who sought to defend himself and his property should be arrested. It is the height of irony that, to accept the sheriff's view of the law, the defendant can only possess a weapon but cannot use it under such circumstances, and that he may only carry a weapon while immured behind the doors of his home but cannot use it an inch past his threshold." Dissent at 9.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

  13. #13
    Campaign Veteran StogieC's Avatar
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    You can carry openly on the curtilage of your home or at your place of business in FL. Not on other property that you may own unless you are legally hunting, camping, fishing, or target shooting.

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    Regular Member California Right To Carry's Avatar
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    Quote Originally Posted by StogieC View Post
    You can carry openly on the curtilage of your home or at your place of business in FL. Not on other property that you may own unless you are legally hunting, camping, fishing, or target shooting.
    Until a Florida court decides that you don't. There is a stack of copies of letters in the California State Archives which California Assemblyman Don Mulford sent to voters who wrote in opposing his proposed ban in which he said that the law exempts private property.

    And it did exempt private property until the California courts said it didn't.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

  15. #15
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by California Right To Carry View Post
    Until a Florida court decides that you don't. There is a stack of copies of letters in the California State Archives which California Assemblyman Don Mulford sent to voters who wrote in opposing his proposed ban in which he said that the law exempts private property.

    And it did exempt private property until the California courts said it didn't.
    This is all based in longstanding statutory provisions and case law. Florida is not California, our legislature and courts are not as hostile as yours. The OP asked what is legal. Not want may someday happen if FL becomes CA.
    Last edited by StogieC; 06-09-2016 at 11:58 PM.

  16. #16
    Regular Member California Right To Carry's Avatar
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    Quote Originally Posted by StogieC View Post
    This is all based in longstanding statutory provisions and case law. Florida is not California, our legislature and courts are not as hostile as yours.
    I watched the oral arguments in both the court of appeals and before your Supreme Court. I read the appellate decision in Norman.

    They all seemed pretty hostile to me.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols President of California Right To Carry
    http://CaliforniaRightToCarry.org

  17. #17
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by California Right To Carry View Post
    I watched the oral arguments in both the court of appeals and before your Supreme Court. I read the appellate decision in Norman.

    They all seemed pretty hostile to me.
    The appellate decision in Norman held that there is a right to bear arms outside the home and you have a right to the carry license despite a previous appellate court ruling that there is no right to a carry license. Not so hostile as any standing ruling that I know of in CA.
    Last edited by StogieC; 06-10-2016 at 12:06 AM.

  18. #18
    Regular Member hammer6's Avatar
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    Quote Originally Posted by StogieC View Post
    The appellate decision in Norman held that there is a right to bear arms outside the home and you have a right to the carry license despite a previous appellate court ruling that there is no right to a carry license. Not so hostile as any standing ruling that I know of in CA.
    so does that mean the state is going to issue refunds for the expenses of the licenses? and do away with the class?

  19. #19
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by hammer6 View Post
    so does that mean the state is going to issue refunds for the expenses of the licenses? and do away with the class?
    Don't put the cart before the horse.

  20. #20
    Regular Member hammer6's Avatar
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    Quote Originally Posted by StogieC View Post
    Don't put the cart before the horse.
    a kid can dream, can't he?

  21. #21
    Campaign Veteran StogieC's Avatar
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    No dreams for you!

  22. #22
    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by StogieC View Post
    Florida is not California, our legislature and courts are not as hostile as yours.
    To the former, it's New Jersey with Palm Trees.

    To the latter, depends who you are...
    "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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