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Thread: Carrying at the beach

  1. #1
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    So, my boy (4 yrs) loves to go to the beach and play in the water while his daddy tries to teach him to body surf. How do you carry when at or going to the beach? I hate leaving my gun in the car but I hate leaving it in my beach bag in the sand while I'm away from it even more. Lately I have taken to fanny pack carry at the theme parks or when I'm not planning on going in the water. Any ideas?

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    Regular Member Sonora Rebel's Avatar
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    Stainless steel 9mm in nylon tactical thigh holster?

    Oh... you'll have to remain in the water... No visible OC in FL as yet. Hmm... perhaps conceal said weapon in inflatable horsie? Nuuhhhhh... don't 'leave it' in any beach bag. Reckon the glove box is the best bet.

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    Go to a beach which allows fishing, bring a fishing pole, and make sure you throw a line in the water. I'm not a lawyer, but the law plainly says it's legal:

    CHAPTER 790
    WEAPONS AND FIREARMS
    790.06 License to carry concealed weapon or firearm.
    Summary: Illegal without a permit.
    790.053 Open carrying of weapons.
    Summary: Illegal where otherwise not allowed by law.
    790.25 Lawful ownership, possession, and use of firearms and other weapons.
    (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:
    (h)A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
    (4)CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.


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    Campaign Veteran Freeflight's Avatar
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    I hate leaving it in the Beach-bag too. But that's exactly what I do...

    I have one of those beach carts and I put a pocket under the carriage that I keep a GLOCK in (the beach is theonly time I take a plastic gun)

    I'm close enough to it when zombies or whatever occurs that I can get to it. can't take it surfing...the damn thing chafes.



    FreeFlight

    "And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939
    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

    Free Flight

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    Lezchap wrote:
    Go to a beach which allows fishing, bring a fishing pole, and make sure you throw a line in the water. I'm not a lawyer, but the law plainly says it's legal:

    CHAPTER 790
    WEAPONS AND FIREARMS
    790.06 License to carry concealed weapon or firearm.
    Summary: Illegal without a permit.
    790.053 Open carrying of weapons.
    Summary: Illegal where otherwise not allowed by law.
    790.25 Lawful ownership, possession, and use of firearms and other weapons.
    (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:
    (h)A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
    (4)CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
    HA! I don't know how many times I've read through the FL Statutes and never thought about applying that! I just might have to try that one day!

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    dont you guys know high point are made for the beach :P you can even swim with them since they are disposable :P

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    rmodel65 wrote:
    dont you guys know high point are made for the beach :P you can even swim with them since they are disposable :P
    Indeed! You can even beat a shark with one if you run out of ammo!

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    Regular Member ADulay's Avatar
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    Lezchap wrote:
    Go to a beach which allows fishing, bring a fishing pole, and make sure you throw a line in the water. I'm not a lawyer, but the law plainly says it's legal:

    CHAPTER 790
    WEAPONS AND FIREARMS


    790.06 License to carry concealed weapon or firearm.



    Summary: Illegal without a permit.
    790.053 Open carrying of weapons.



    Summary: Illegal where otherwise not allowed by law.
    790.25 Lawful ownership, possession, and use of firearms and other weapons.


    (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:


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


    (4)CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
    To chime in here, I also seemed to have glossed over that particular statute about 790.25(h). Very interesting for sure.

    Thanks for the pointer.

    AD
    NRA Life - AMA Life - ABATE Life
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    Perhaps an open carry rally/fishing trip is in order. we could even bring flyers for the open carry petition.

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    Hotshot718 wrote:
    Perhaps an open carry rally/fishing trip is in order. we could even bring flyers for the open carry petition.
    DETAILS! I might be convinced to join.

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    WOW!!!!



    We need a lawyer to look at this one, or get someones advise that's smarter than me. But this sounds VERY interesting..............

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    Any public places we could have a Open Carry Camping trip???

    Acourding to the prior post, during camping is allowed also..

    (have RV, will travel)

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    tracylaud83 wrote:
    WOW!!!!



    We need a lawyer to look at this one, or get someones advise that's smarter than me. But this sounds VERY interesting..............
    It's the same law that allows open carry at your own home or business...

    It's the same law that allows you to pull your gun out (open carry) at a gun range.

    It's the same law that allows military members to open carry in the performance of their duties.

    It's the same law that allows police officers to open carry in the performance of their duties.

    It's the same law that allows armored car guards to open carry.

    Just to name a few....

    Just a note: It's legal to drink (alcohol) and fish, and it's legal to fish and carry, but it's not legal to do all 3, under my understanding of the law...and the legality of OC while driving to and from a fishing/hunting/camping trip is a very grey area.

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    Lezchap wrote:
    .It's the same law that allows police officers to open carry in the performance of their duties..
    LEO's fall under a different rule, and is also governed under the rules of their agency.

    Just because someone is LEO, doesn't mean they can OC.

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    And thus is the symptom of our convoluted laws. A) says it's illegal unless otherwise authorized. 20 pages later, B) says it's okay for Jane, and 5 pages later C) says it's illegal if she's doing Y or Z...

    It's impossible to make sense of...however, this law does state the law making OC illegal doesn't apply to police officers, people hunting, fishing, camping, at a shooting range, etc.

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    anyone know the laws concerning fishing licenses? I don't have one, but I'll get one if I have to!

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    Can't you just pitch a tent on the beach and say you are there camping?

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    Hotshot718 wrote:
    anyone know the laws concerning fishing licenses? I don't have one, but I'll get one if I have to!
    http://myfwc.com/license/ has some info...one nice thing about SW fishing is you don't need a license as long as you're doing it from shore or a structure attached to the shore (docks), as long as it's legal for you to fish from said shore/structure (some bridges, piers, etc don't allow fishing per state and local laws).

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    well, I'm on the space coast so there's plenty of beaches and I know there are quite a few piers along the Indian River, so we shouldn't be lacking for a place to fish. Anyone know where there would be a lot of people, though? I'd like to be able to spread the word about the FL Open Carry Petition and see what kind of reaction we get.

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    Yes...plenty of places to fish here...and I'm not worried about the "body count" as I'm going to enjoy fishing, and any positive public education that occurs is merely a pleasent bonus.

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    Lezchap wrote:
    tracylaud83 wrote:
    WOW!!!!



    We need a lawyer to look at this one, or get someones advise that's smarter than me. But this sounds VERY interesting..............
    It's the same law that allows open carry at your own home or business...

    It's the same law that allows you to pull your gun out (open carry) at a gun range.

    It's the same law that allows military members to open carry in the performance of their duties.

    It's the same law that allows police officers to open carry in the performance of their duties.

    It's the same law that allows armored car guards to open carry.

    Just to name a few....

    Just a note: It's legal to drink (alcohol) and fish, and it's legal to fish and carry, but it's not legal to do all 3, under my understanding of the law...and the legality of OC while driving to and from a fishing/hunting/camping trip is a very grey area.
    Incorrect. There is no law against drinking while carrying a firearm. It's illegal to use (other than self defense) a weapon with an unlawfulBAC level. Use is also interperted to mean 'hold in hand'.

    790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--
    (1)As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
    (2)For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.
    (3)It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
    (4)Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    (5)This section does not apply to persons exercising lawful self-defense or defense of one's property.

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    Well color me mistaken. Nice catch...Still, I doubt I'll be carrying my weapon around when I'm drinking away from home...afterall, guns and alcohol don't mix well, but that's me. When I do drink, I tend to drink in excess...and while I've never done stupidly violent actions while drunk (including walking away when getting hit in the back of the head in a bar while drunk as can be), alcohol does cause your judgement to be suspect...

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    Lezchap wrote:
    Well color me mistaken. Nice catch...Still, I doubt I'll be carrying my weapon around when I'm drinking away from home...afterall, guns and alcohol don't mix well, but that's me. When I do drink, I tend to drink in excess...and while I've never done stupidly violent actions while drunk (including walking away when getting hit in the back of the head in a bar while drunk as can be), alcohol does cause your judgement to be suspect...
    I agree. Like the saying goes, "If I have one, I'll have thirteen!" Last thing I need is to be drinkin', fishin', and OCin' but YMMV. Dang fish are too hard to catch anyway the way the room spins when I get a few shots in me!

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    The only problem I can see OCing while fishing is most places we can fish are county or city parks...I know Brevard County has an ordinance which states:
    Sec. 78-115. Firearms, fireworks, weapons. No person shall carry, fire or discharge any weapon or firearm or any rocket, torpedo or fireworks of any description in any park, recreational facility or department managed lands without a permit from the department except in areas designated for such purpose.
    ( http://www.municode.com/resources/ga...0473&sid=9 Chapter 78, Sec. 78-115)

    I know Titusville, up where I live, has a similar law for Sand Point Park...but I also think Fishing is illegal from Sand Point, so it might be a moot point there...

    However, I think these laws are illegal via Florida Statute: 790.33 Field of regulation of firearms and ammunition preempted.

    (1)PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto.

    Then again...I'm not a lawyer...the Brevard law only applies to "
    park, reservation, playground, beach, recreation center, refuge, sanctuary, conservation area and environmentally endangered lands or other area owned, leased, managed, operated or maintained by the county and devoted to active or passive recreation" which would probably include the majority of the non-private docks we'd be able to fish at. Then there's the fact that the State law on OC doesn't apply to Federal Property (like Playa Linda Beach) where we could also fish.


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    Lezchap wrote:
    The only problem I can see OCing while fishing is most places we can fish are county or city parks...I know Brevard County has an ordinance which states:
    Sec. 78-115. Firearms, fireworks, weapons. No person shall carry, fire or discharge any weapon or firearm or any rocket, torpedo or fireworks of any description in any park, recreational facility or department managed lands without a permit from the department except in areas designated for such purpose.
    ( http://www.municode.com/resources/ga...0473&sid=9 Chapter 78, Sec. 78-115)

    I know Titusville, up where I live, has a similar law for Sand Point Park...but I also think Fishing is illegal from Sand Point, so it might be a moot point there...

    However, I think these laws are illegal via Florida Statute: 790.33 Field of regulation of firearms and ammunition preempted.

    (1)PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto.

    Then again...I'm not a lawyer...the Brevard law only applies to "
    park, reservation, playground, beach, recreation center, refuge, sanctuary, conservation area and environmentally endangered lands or other area owned, leased, managed, operated or maintained by the county and devoted to active or passive recreation" which would probably include the majority of the non-private docks we'd be able to fish at. Then there's the fact that the State law on OC doesn't apply to Federal Property (like Playa Linda Beach) where we could also fish.
    Local laws/regulations related to firearms (except discharge) are, if fact, unenforceable due to State preemption. Now the fishing regs...you're on your own.

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