Results 1 to 11 of 11

Thread: Open Carry in Florida, legal issue

  1. #1
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    121

    Post imported post

    Wow, what a subject. I took as much time as I could, and did a little research. Here are the results. I am forbidden from making legal judgements, so I will post the relelvant statutes and let you look for yourself.



    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:



    (g)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;


    (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;


    (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;


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


    (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.



    That's most of it. I'll post the statutes 790.053 and 06 at the bottom. But what this means, as far as I can tell, is that if you are going fishing, you have the right to carry openly. Also if you are going camping or hunting, you can carry openly.
    790.053is the ban on open carry inFlorida, and is specifically said to not apply, and 790.06 is the CCW licencing requirements, which, again, do not apply.That the act supersedes any regulation or law is very important, because it supersedes regulatory law. (noted the ban on open carry in state and federal parks)
    There is another point to note, and that is the requirement of "A person traveling by private conveyance when the weapon is securely encased," 790.001 clearly states, (17)"Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.


    I had to look up semicolon to figure this one out. A semicolon does not add to a sentence, but links closely related sentences. In other words, Securely Encased means snapped in a holster, but otherwise not hidden (which would violate concealed carry laws).


    So, you decide that you want to go fishing. You strap on a 9, walk to your car and you are legal because you are on your own property. You drive to the gas station, and fill up with the gun on your hip (care and control of the weapon), pay, and then continue on your trip. You are clearly covered while fishing, hunting, or camping.


    Oh, one last thing. The statute: A person possessing arms at his or her home or place of business.

    I had to look up "at",". Yeah, I know... I used Websters...

    At: used as a function word to indicate presence or occurrence in, on, or near <staying at a hotel><at a party><sick at heart>

    So, the short and sweet is, if that said ON, then you would be limited to the area of your control, your property. Beause it says AT, it means in, on, or near your property.




    So, any legal eagle types that can poke holes in my ideas here?











    Reference:
    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.

    790.06 License to carry concealed weapon or firearm.






  2. #2
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412

    Post imported post

    So, you decide that you want to go fishing. You strap on a 9, walk to your car and you are legal because you are on your own property. You drive to the gas station, and fill up with the gun on your hip (care and control of the weapon), pay, and then continue on your trip. You are clearly covered while fishing, hunting, or camping.


    This will likely (99.99%) get you arrested.



    No case law on this part yet, still waiting for someone to step up to the plate and get arrested and fight it.

  3. #3
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    121

    Post imported post

    I contacted the state rep and they have agreed to review the matter and give me an opinion. When I get it, I'll post here. Thanks.

  4. #4
    Regular Member
    Join Date
    Aug 2009
    Location
    Tampa Bay Area, Florida, USA
    Posts
    81

    Post imported post

    GIdeon_70 wrote:
    I contacted the state rep and they have agreed to review the matter and give me an opinion. When I get it, I'll post here. Thanks.
    Hello Gideon! Interesting .. if I may ask what has prompted your investigation into this issue at this time? The reason I ask is that I have been posting for about the past week or week and half regarding this exact issue.

    I am taking a somewhat different tack to it though. I am currently involved in discussions with the Florida Department of Environmental Protection, Division of State Parks regarding this exact statute and how it applies to the Division of State Parks.

    Since Florida IS a preemption state, I chose to start there rather than with local counties, cities etc. The state owns the entirety of firearms regulation, period. Therefore the state agencies need to follow the Florida Statutes without exception.

    For an update on what I am doing, and what is being said, You can find the thread here:
    http://opencarry.mywowbb.com/forum17/31310.html

    Either the Division of State Parks is going to recognize the law and issue written assurances and change their regulations, or they are not. If not I will persue contacting the State Attorney Generals office in addition to my state representatives, senators, and most likely the govorners office as well to apply specific pressure onto the Division of State Parks.

    I believe the Division of State Parks will reply at some point in the near future with a positive response once they have reviewed the facts. I am most sure that up until now, no one has challenged them. The Florida legislature addressed this issue in 2006 in HB1029 however again, I think no one followed through and made sure that the regulations had actually been changed and since no citizen challenged the regulations, it became a non issue. Out of sight, out of mind. Too many people take the opinion that "oh well you cant fight city hall" etc etc ad nauseum.

    I look forward to seeing more of you around.

    Rebel
    American by birth, Southern by choice.



  5. #5
    Regular Member
    Join Date
    Nov 2008
    Location
    , ,
    Posts
    47

    Post imported post

    I have open carried while fishing and camping on state park and RWMD land. Some of the RWMDs have already amended their administrative regs regarding having guns on their property but have not addressed open carry. I have not had any problems so far. I have not pushed to traveling to and from by stopping for gas or a meal though.

  6. #6
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    1

    Post imported post

    THEREB IS NO OPEN CARRY IN PUBLIC, OR CARRY IN A BUSINESS THAT SELL ALLCOHOL

  7. #7
    Regular Member
    Join Date
    Jan 2009
    Location
    Northwest Kent County, Michigan
    Posts
    757

    Post imported post

    GIdeon_70

    There may be an exception to open carry (and permit-less concealed carry) forblack powder arms. I've been long intrigued by this idea as a way to legally open carry in Florida (until we can regain our full open-carry rights).

    Since you seem to enjoy legal research, you might want to check the statutesagain. You mightcome tothe same conclusionas I that it appears that antique arms aren't affected by either the prohibitions against open carry or concealed carry without a permit.

    Let me know what you think and thanks for your research efforts!

  8. #8
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412

    Post imported post

    CHAKUTHEMAN wrote:
    THEREB IS NO OPEN CARRY IN PUBLIC, OR CARRY IN A BUSINESS THAT SELL ALLCOHOL
    WTF?

  9. #9
    Regular Member Hendu024's Avatar
    Join Date
    Apr 2009
    Location
    Virginia Beach, Virginia, USA
    Posts
    447

    Post imported post

    brboyer wrote:
    CHAKUTHEMAN wrote:
    THEREB IS NO OPEN CARRY IN PUBLIC, OR CARRY IN A BUSINESS THAT SELL ALLCOHOL
    WTF?
    Random troll. Ignore and they go away.

  10. #10
    Regular Member
    Join Date
    Jul 2007
    Location
    Tampa Bay, Florida, USA
    Posts
    412

    Post imported post

    Hendu024 wrote:
    brboyer wrote:
    CHAKUTHEMAN wrote:
    THEREB IS NO OPEN CARRY IN PUBLIC, OR CARRY IN A BUSINESS THAT SELL ALLCOHOL
    WTF?
    Random troll. Ignore and they go away.
    Ahh, tx, just noticed the join date.

  11. #11
    Regular Member
    Join Date
    Sep 2009
    Location
    Nashua, New Hampshire, USA
    Posts
    29

    Post imported post

    I'd like to know how lawyers will stand on this. May be we can reenact some sort of civil litter pickup with out the costumes? Keep us informed.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •