Charged with illegal Open Carry in Florida

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Yea I was kind of afraid it read that way too but took a chance that he maybee hasn't signed the paperwork yet or still has time to see a lawyer before a hearing etc...

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tony wrote:

I am a Florida resident that has punchiest a gun for my protection. I have been charged with open carry of a firearm 790.053. The situation is I had guest visiting with children and did not fell comfortable leaving my gun at home. Did not have my license yet so could not conceal my firearm, so I unload my gun place it in a holster and carry it to my car, place it in the glove box and drive away. Ten minutes later a police officer pulls me over with four other cars to assist in a takedown. Now I have been charged with open carry of a firearm. So how can I do this, if I conceal the gun I will be committing a felony and if I don’t it is a misdemeanor? How do I get my gun from my house to my car without becoming a criminal? The important part the kids are safe at my house! There is a level of responsibility in being a gun owner, and I thought that was me.

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Under FL law, you had to have it 'encased' while going from your house to your car.
FL 790.25 para 3.
[size="-1"](l)A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession; [/size]
[size="-1"](m)A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business; [/size]
[size="-1"]A person possessing arms at his or her home or place of business; [/size]


http://www.leg.state.fl.us/statutes....HTM&Title=->2007->Ch0790->Section 25#0790.25

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(h)A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

Your honor, I was going camping after I dropped the kids off. Why no gear in my car? I was picking someone up with the gear on the way.

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Hello!

When you desire to carry in florida, and want to carry in the glove box, it is legal to do so as long as the weapon is in a holster. It must be a snap style holster so that it takes more than three movements to access the gun. Open Glove Box, Remove weapon, remove weapon from Holster. You do not have to have a concealed permit to carry in a snap holster in your glove box.

That it was unloaded was in your favor. I don't think they were supposed to charge you if it is unloaded, but not positive.

Florida laws on gun rights are on the internet, a good starting place to search is www.myflorida.com

Good luck.

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(3)LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(a)Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

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Um, there is your defense right there.

If I am not mistaken, militia is defined as

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—


(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.[1][/suP]
Use with EXTREME Caution!

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GIdeon_70 wrote:

Hello!

When you desire to carry in florida, and want to carry in the glove box, it is legal to do so as long as the weapon is in a holster. It must be a snap style holster so that it takes more than three movements to access the gun. Open Glove Box, Remove weapon, remove weapon from Holster. You do not have to have a concealed permit to carry in a snap holster in your glove box.

That it was unloaded was in your favor. I don't think they were supposed to charge you if it is unloaded, but not positive.

Florida laws on gun rights are on the internet, a good starting place to search is http://www.myflorida.com

Good luck.

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Sir,

I beg to differ! Please provide documentation. What statute are you refering to? Please copy and paste the details here. Thank you.

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http://licgweb.doacs.state.fl.us/weapons/index.html



This site will explain florida laws, and there is a phone number that will connect you to a live person that will be happy to explain what you can and cannot do with a gun. Also, if you will contact the state police, or your local police department they will clarify what the laws are in the state, as well as any local alws that will apply.

As for carrying in the glove compartment, it is legal to do so in florida, as long as the weapon is securely encased in a holster that has a snap to secure it. It may be carried int he glove box ortrunk.

Thanks you for taking the time to disagree with me.

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GIdeon_70 wrote:

http://licgweb.doacs.state.fl.us/weapons/index.html



This site will explain florida laws, and there is a phone number that will connect you to a live person that will be happy to explain what you can and cannot do with a gun. Also, if you will contact the state police, or your local police department they will clarify what the laws are in the state, as well as any local alws that will apply.

As for carrying in the glove compartment, it is legal to do so in florida, as long as the weapon is securely encased in a holster that has a snap to secure it. It may be carried int he glove box ortrunk.

Thanks you for taking the time to disagree with me.

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Sir,


There is no three step rule! Loaded or unloaded is legal, as long as it's securely encased.No holster is required, snap or no snap, as long as it's securelyencased. A handgun can be kept in a vehicle in a snapped holster--anywhere--loaded or unloaded!


You wrote:

"When you desire to carry in florida, and want to carry in the glove box, it is legal to do so as long as the weapon is in a holster. It must be a snap style holster so that it takes more than three movements to access the gun. Open Glove Box, Remove weapon, remove weapon from Holster. You do not have to have a concealed permit to carry in a snap holster in your glove box.

That it was unloaded was in your favor. I don't think they were supposed to charge you if it is unloaded, but not positive".

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I have to disagree on the 3 step myth also.

If you live in FL. get Jon Gutmachers' book 'Florida Firearms Law Use and Ownership'.

He's a lawyer.

from chapter six -->" legally carry a handgun in a vehicle, with or without a concealed permit, here's the short answer on whats definately 'securely encased':

a. in a snappedholster- anywhere- loaded or unloaded.

b. in a closed console- loaded or unloaded.

c. in a closed glove compartment- loaded or unloaded.

d. in a zippered gun case- loaded or unloaded.

e. in any other type of _closed_ container which the gun cannot be fired from unless withdrawn- loaded or unloaded. " " If you do the above you are legal in FL. except in certain special situations related to schools. " <-- from chapter 6

It does'nt hurt to read FS. 790.* either.

Obviously you dont want a holstered handgun visible to someone if they look into the car.

There is no 3 step law or requirement. It isone step: from a snapped holster to fire. From the glovebox or console(no holster required) to fire. etc.

All for what its worth in our tangled knotted fluster cluck of state and fed gun laws.

If Tonys story is true and accurate he simply had a friggin A-hole LEO. What a surprise.

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If I'm reading all of the OP's post correctly...even though they stopped him in his car, what he was charged with was for the brief moment he was on the sidewalk between his property and his car.

Which seems awfully picky to me, but depending on the judge and LEO could stick I guess.

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tony wrote:

My ? is can I open carry on my property? this is what I was arrested for. it was not for open carry in the car. It was open carry on my property, when I walked a unloaded gun from my home to my car the officer observed the gun in a hulster hanging from my hand. the officer did not stop me on my property becuase he needed back up and that took ten minutes, so he followed me for ten minutes.

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:banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead:

Should've gotten a lawyer.

:banghead:

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[align=justify]Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license. [/align]
[align=justify]Exceptions:[/align]
[align=justify]1. Persons having firearms at their home or place of business. [/align]
[align=justify][/align]
[align=justify]That is the law. You can carry at your own home or place of business without a license. If you had it on your hip, fully loaded, and were on your property - then youare within the law.[/align]
[align=justify]http://www.nraila.org/statelawpdfs/FLSL.pdf[/align]
[align=justify]You should go to the NRA wbsite, call the number there or memberships and talk to the operator about being vconnected to their legal department. They will help you find a lawyer, file paperwork and fight this. If you have already been found guilty, then still call them because you can file an appeal. You should do this for everyone, because when the police get out of hand (as they obviously did) it hurts us all.[/align]
[align=justify]This link - [/align]
[align=justify]http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm&StatuteYear=2000&Title=%2D%3E2000%2D%3EChapter%20790[/align]
[align=justify]is to the florida website on the gun laws.[/align]
[align=justify][/align]
[align=justify]Let us know how thigns come out please, I am curious. I routinely take my guns from my house to my car openly.[/align]

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GIdeon_70 wrote:

[align=justify]Let us know how thigns come out please, I am curious. I routinely take my guns from my house to my car openly.[/align]

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Yes, but is your car in your driveway/garage stillon your poperty or on a public street like the OP's?

I still think it was wrong to charge him.

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You can put your gun in a box of CrackerJacks, and as long as the paper lid was closed, it is legal.

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StrictlySig wrote:

a. in a snappedholster- anywhere- loaded or unloaded.

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Any idea what a "snapped holster" means? For example, would a BlackHawk SERPA's finger release qualify? It's more secure than a snapped full-flap holsters or a holster with a thumb brake snap, but maybe because there's no actual snap involved the judge wouldn't call it snapped?

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Serpa's are fine.

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GIdeon_70 wrote:

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Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.

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Exceptions:

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1. Persons having firearms at their home or place of business.

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That is the law. You can carry at your own home or place of business without a license. If you had it on your hip, fully loaded, and were on your property - then youare within the law.

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I disagree.

Chapter 790 WEAPONS AND FIREARMS 790.053 Open carrying of weapons.--
(1)Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
(2)A person may openly carry, for purposes of lawful self-defense:
(a)A self-defense chemical spray.
(b)A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3)Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

No exceptions listed for a firearm.

From NRA:
Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.
Exceptions:
1. Persons having firearms at their home or place of business.

I read that to say that the NRA is saying that you cannot openly carry period, but you can carry concealed.

That is not what the florida statutes say.

790.250 subsection 5 states.
[size="-1"]POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s[/size][size="-1"]. 776.012.[/size][size="-1"]

I am not lawyer but that sounds to me like you cannot legally carry a handgun concealed even in your own home without a CCW.

Someone please point me to the statutes that say otherwise.
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flcaptainbill wrote:

GIdeon_70 wrote:

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Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.

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Exceptions:

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1. Persons having firearms at their home or place of business.

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That is the law. You can carry at your own home or place of business without a license. If you had it on your hip, fully loaded, and were on your property - then youare within the law.

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I disagree.

Chapter 790 WEAPONS AND FIREARMS 790.053 Open carrying of weapons.--
(1)Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
(2)A person may openly carry, for purposes of lawful self-defense:
(a)A self-defense chemical spray.
(b)A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3)Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

No exceptions listed for a firearm.

From NRA:
Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.
Exceptions:
1. Persons having firearms at their home or place of business.

I read that to say that the NRA is saying that you cannot openly carry period, but you can carry concealed.

That is not what the florida statutes say.

790.250 subsection 5 states.
[size=-1]POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s[/size][size=-1]. 776.012.[/size][size=-1]

I am not lawyer but that sounds to me like you cannot legally carry a handgun concealed even in your own home without a CCW.

Someone please point me to the statutes that say otherwise.
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790.25(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

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

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thanks brboyer,

That clears up the open carry [size="-1"]and my CCW should be here within 81 days so CCW won't be an issue then.

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