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Thread: Hunting vs. Open Carry

  1. #1
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    First off, I'm an experienced shooter and self defense advocate, but I've never had the opportunity to go hunting. Always wanted to try it, but something always seems to fall thru.

    Anyway, having very little experience in this arena I'm confused about how you can openly carry a rifle or a handgun for hunting in a state that doesn't allow open carry for any other purpose. Are there special clauses in the law or special areas where it is allowed? Does it only apply to certain types of guns? I know that handgun hunting exists in FL, but I doubt they keep them concealed while walking around the forest.

    If I were to go out camping and openly carry a handgun for defense against bears, hogs, panthers, etc., what difference is there between that and carrying a handgun openly while hog hunting? Should I only go camping during hunting season and have a hunting permit just to cover my tail? Obviously I'm fairly confused over this one! :?

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    Several exceptions to the general prohibition on open carry (that's the reference to 790.053):
    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) 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;

    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

    (c) Persons carrying out or training for emergency management duties under chapter 252;

    (d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;

    (e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;

    (f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

    (g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;

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

    (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

    (k) A person firing weapons in a safe and secure indoor range for testing and target practice;

    (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;

    (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;

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

    (o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.

    (p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.

  3. #3
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    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
    so when i go to the range, i can open carry on my way? or is that just from my car in the parking lot into the place?
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    hammer6 wrote:

    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
    so when i go to the range, i can open carry on my way? or is that just from my car in the parking lot into the place?
    Very good question! This is just one of many, many examples of our legislature not doing a good enough job of actually writing bills.

    IMO, you should be legal.

    In reality, it's all going to depend on the LEO, the DA, a Judge/Jury and then finally a successful appeal of the conviction at a high enough level

  5. #5
    Regular Member hammer6's Avatar
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    brboyer wrote:
    hammer6 wrote:

    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
    so when i go to the range, i can open carry on my way? or is that just from my car in the parking lot into the place?
    Very good question! This is just one of many, many examples of our legislature not doing a good enough job of actually writing bills.

    IMO, you should be legal.

    In reality, it's all going to depend on the LEO, the DA, a Judge/Jury and then finally a successful appeal of the conviction at a high enough level
    i'll see if i can get sotomayor to make a ruling on this one......hahahhaa but seriously- who's to say that on my way to the range to test my weapon in a safe manner, i stop at walmart to get ammo...and OC'd....no chance i'm taking that risk. maybe i'll ask my cop buddy and see what he says....i'll send him a facebook message and let ya'll know what he says
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    doubt is a distraction from reality. fear is acknowledging doubt as reality.

    it's time to tap in to a higher reality; the one you were made for.

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